Legal Terms
GENERAL TERMS AND CONDITIONS
OF THE E-SHOP OF
Skvost s.r.o.
Article I
General provisions and definitions
1) These General Terms and Conditions (hereinafter referred to as the "GTC") stipulate the rights and obligations of Skvost s.r.o., having its registered office at Zámocká 22, 811 01 Bratislava – city district of Staré mesto, Slovak Republic, Company ID No.: 46 746 226, VAT ID No.: SK2023570538, Tax ID No.: 2023570538, incorporated in the Companies Register of the Bratislava I District Court, Section: Sro, File No.: 89067/B, (hereinafter referred to as the "Seller") and the Buyer (hereinafter referred to as the "Buyer") in purchasing the goods offered by the Seller through the e-shop available at the Seller's website www.skvost.co (hereinafter referred to as "skvost.co"), and form an integral part of the purchase contract made between the Buyer and the Seller at a distance through the e-shop (hereinafter referred to as the "Purchase Contract"). (The Seller and the Buyer hereinafter jointly referred to as the "Parties").
2) The GTC shall come into force upon being published at skvost.co.
3) These GTC shall apply to purchases of goods ordered through the e-shop (hereinafter referred to as the "E-shop") at skvost.co.
4) The Buyer means a natural or legal person registered in the system that has ordered goods electronically through the E-shop at skvost.co.
5) An electronic order means a submitted electronic form containing information on the Buyer, a list of goods ordered from the E-shop at skvost.co, and the total price of such goods, with such electronic form being processed by the E-shop system.
6) Goods means all products listed in the Seller's valid price list available at skvost.co.
7) Those relationships between the Buyer and the Seller which are not provided for herein shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended. If the Buyer is a consumer pursuant to Section 52, Subsection 3 of Act No. 40/1964 Coll., the Civil Code, as amended, i.e. if a Buyer is concerned who does not enter into or perform the contract as part of his business or other entrepreneurial activities, the relationships which are not stipulated herein shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended.
8) The Buyer's rights in relation to the Seller under Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the National Council of the Slovak Republic No. 372/1990 Coll. on Misdemeanors, as amended, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract made at a distance or outside the Seller's Operating Premises and on Amendments and Supplements to Certain Acts shall remain unaffected by these GTC.
9) The authority supervising the Seller's activities:
Slovak Trade Inspection (STI)
STI Inspectorate for the Region of Bratislava
Prievozská 32, P.O. Box 5
820 07 Bratislava 27
10) Seller's contact data for Buyers:
Skvost s.r.o.
Zámocká 22, 811 01 Bratislava - mestská časť Staré Mesto
Phone: +421 948 722 512
E-mail: coucou@skvost.co
Article II
Order
1) An accepted electronic order shall be deemed a draft Purchase Contract and is binding.
2) A Purchase Contract between the Seller and the Buyer is concluded upon the confirmation of an electronic order in the Seller's system. The Seller shall send the Buyer a confirmation of the conclusion of a Purchase Contract, and confirm by e-mail (sent to the Client's e-mail address stated in the electronic order) the content of the Client's electronic order as soon as it is delivered to the Seller, failing which it shall be understood that no Purchase Contract has been concluded between the Parties. The Buyer shall check the content of the electronic order stated in the Seller's email message. In case of any inconsistencies regarding the content of the electronic order confirmed by the Seller, the Buyer shall notify the Seller accordingly by sending an e-mail to the address coucou@skvost.co.
3) The essentials of an electronic order shall be deemed to include:
Identification of the Buyer, i.e. business name or given name and surname, registered office/residence, Company ID No., Tax ID No., contact (phone and e-mail address);
Code of the goods ordered as per the catalogue and, if applicable, their name;
Quantity of the goods ordered;
4) Unless an order contains the essentials pursuant to the preceding paragraph, it shall be deemed incomplete. In that event, the Seller will attempt to contact and call on the Buyer to rectify the shortcomings in and, if appropriate, to particularise and/or complete the electronic order. Upon the receipt by the Seller of data particularising and/or completing the electronic order, the electronic order shall be deemed complete.
5) The validity of an electronic order is subject to the registration form being accurately and fully completed.
6) The Seller is not liable for any delayed delivery or damage caused due to the fact that the Buyer did not enter all the required data and/or completed the registration form inaccurately. Neither is the Seller liable for any damage incurred by the Buyer due to the latter having forgotten his access password and/or due to his access password having been obtained by unauthorised persons through no fault of the Seller.
Article III
Order cancellation
1) The Buyer may cancel an electronic order without stating the reason at any time before it is bindingly confirmed by the Seller.
2) The Seller reserves the right to cancel the order or a part thereof in the following instances:
- In the event that a COD (Cash on Delivery) order cannot be bindingly confirmed (wrong phone number, recipient is not reachable or does not reply to emails, etc.).
- The goods are no longer manufactured or available or their price charged by the supplier has changed significantly.
3) If such a situation occurs, the Seller shall promptly contact the Seller to agree on the further procedure. If the Buyer has already paid the purchase price or a part thereof, such amount shall, without undue delay, in any event not later than 14 days after the aforementioned facts are ascertained by the Seller, be refunded to the Buyer.
Article IV
Postage and packaging costs
1) In case of an order delivered within the Slovak Republic, no postage and packaging costs shall be charged by the Seller, except that despite an arrangement between the Buyer and the courier service, the goods fail to be successfully delivered to the Buyer at the agreed place and time of delivery, or except that the Seller returns the goods to the Buyer due to an unjustified complaint.
2) If goods are to be delivered outside the Slovak Republic and the order price is at least EUR 250, the postage and packaging costs are included in the price for the ordered goods and no additional postage or packaging costs will be charged by the Seller.
3) If goods are to be delivered outside the Slovak Republic and the order price is less than EUR 250, the postage and packaging costs are not included in the price for the ordered goods and such costs will be charged by the Seller additionally.
Article V
Delivery terms
1) Goods ordered electronically through the E-shop will be sent by the Seller to the Buyer, depending on the availability of individual kinds of goods and the Seller's operating capacity, as soon as possible, in any event not later than 7 working days after the Seller confirms the acceptance of the Buyer's electronic order, to the place of delivery stated in the electronic order so that the goods are delivered to the Buyer within 14 days after the Seller confirms the acceptance of the Buyer's electronic order. Notwithstanding the period stated in the previous sentence, the Seller may determine another delivery term for certain goods with regard to the specific nature and availability of the particular goods.
2) The Seller shall inform the Buyer of the dispatch of the goods via e-mail to the e-mail address stated in the Buyer's electronic order. The Buyer may at any time check the status of the electronic order by logging in to the E-shop system.
3) Goods are delivered by a courier service to the place of delivery stated by the Buyer in the electronic order. Before delivering the goods to the Buyer, the courier service will contact the Buyer by phone to agree the time of delivery of the goods to the Buyer. If the Buyer is not present at the place of delivery at the time firmly agreed with the courier service and does not authorise another person to accept the goods, the Buyer is liable for the damage incurred by the Seller and/or the courier service due to the failure to deliver the goods to the Buyer. The costs of re-delivery of the goods to the Buyer shall be borne by the Buyer.
4) Title to the goods shall pass to the Buyer upon the acceptance of the goods and paying the purchase price.
5) An invoice shall be enclosed with each shipment of goods. When accepting the goods, the Buyer is obliged to check whether the goods packaging is not damaged, and to sign a shipment acceptance document. If the goods packaging is damaged, it is necessary that at the place of delivery of the goods a report be written together with the carrier - courier service with respect to the defects found to have been caused during the transport. If the Buyer accepts the goods despite evidently damaged packaging, any future complaints on such grounds will not be recognised by the Seller.
6) Only a shipment sealed with the Seller's protective tape shall be deemed an undamaged, unopened and original shipment. The carrier is obliged to hand over the goods to the Buyer by items, and to write up a report on the spot. The carrier is liable for any damage thus caused.
Article VI
Price
1) The purchase price of the goods offered by the Seller via skvost.co is always stated below the chosen goods. The purchase price includes value added tax, except as stated otherwise.
2) The Seller reserves the right to unilaterally adjust (increase/reduce) the prices of goods stated at skvost.co; the new prices are valid for the Buyer from the date they are published at skvost.co. The prices so adjusted do not apply to the goods already ordered by the Buyer. If the price of certain goods stated at skvost.co is clearly wrong, e.g. in case of goods that are commonly available and generally known, their price differs from the usual price, or the price "0 EUR" or "1 EUR" is stated for the goods due to a system failure, the Seller is not obliged to deliver the goods at such wrong price, but may offer the goods to the Buyer at the actual price. If the Buyer does not accept the actual price of the goods, he may rescind the Purchase Contract.
Article VII
Payment terms
1) Payments shall be made in EUR, and the Seller requests one of the following methods of payment:
- ONLINE ADVANCE PAYMENT made via the Braintree payment system.
If this method of payment is chosen, the goods are sent to the Buyer through the courier service after the price of the goods stated in the electronic order is paid.
Article VIII
Copyright protection
1) The goods offered by the Seller via the E-shop are subject to copyright under Act No. 185/2015 Coll. on Copyright (the "Copyright Act") and industrial property rights (hereinafter jointly referred to as "intellectual property rights").
2) The Buyer may not use the goods in a manner that might infringe upon the Seller's intellectual property rights. The Buyer particularly may not:
- modify, publicly display, distribute or otherwise use the goods;
- make copies or reproductions of the goods;
- offer for sale or otherwise distribute copies or reproductions of the goods;
- register the goods for any type of industrial rights protection or other protection.
3) Any unauthorised infringement upon the intellectual property rights attached to the goods is a copyright violation subject to civil liability and criminal prosecution. In case of such violation of the intellectual property rights by the Buyer, the Seller may seek the protection of his intellectual property rights and the award of appropriate financial compensation.
OF THE E-SHOP OF
Skvost s.r.o.
Article I
General provisions and definitions
1) These General Terms and Conditions (hereinafter referred to as the "GTC") stipulate the rights and obligations of Skvost s.r.o., having its registered office at Zámocká 22, 811 01 Bratislava – city district of Staré mesto, Slovak Republic, Company ID No.: 46 746 226, VAT ID No.: SK2023570538, Tax ID No.: 2023570538, incorporated in the Companies Register of the Bratislava I District Court, Section: Sro, File No.: 89067/B, (hereinafter referred to as the "Seller") and the Buyer (hereinafter referred to as the "Buyer") in purchasing the goods offered by the Seller through the e-shop available at the Seller's website www.skvost.co (hereinafter referred to as "skvost.co"), and form an integral part of the purchase contract made between the Buyer and the Seller at a distance through the e-shop (hereinafter referred to as the "Purchase Contract"). (The Seller and the Buyer hereinafter jointly referred to as the "Parties").
2) The GTC shall come into force upon being published at skvost.co.
3) These GTC shall apply to purchases of goods ordered through the e-shop (hereinafter referred to as the "E-shop") at skvost.co.
4) The Buyer means a natural or legal person registered in the system that has ordered goods electronically through the E-shop at skvost.co.
5) An electronic order means a submitted electronic form containing information on the Buyer, a list of goods ordered from the E-shop at skvost.co, and the total price of such goods, with such electronic form being processed by the E-shop system.
6) Goods means all products listed in the Seller's valid price list available at skvost.co.
7) Those relationships between the Buyer and the Seller which are not provided for herein shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended. If the Buyer is a consumer pursuant to Section 52, Subsection 3 of Act No. 40/1964 Coll., the Civil Code, as amended, i.e. if a Buyer is concerned who does not enter into or perform the contract as part of his business or other entrepreneurial activities, the relationships which are not stipulated herein shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended.
8) The Buyer's rights in relation to the Seller under Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the National Council of the Slovak Republic No. 372/1990 Coll. on Misdemeanors, as amended, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract made at a distance or outside the Seller's Operating Premises and on Amendments and Supplements to Certain Acts shall remain unaffected by these GTC.
9) The authority supervising the Seller's activities:
Slovak Trade Inspection (STI)
STI Inspectorate for the Region of Bratislava
Prievozská 32, P.O. Box 5
820 07 Bratislava 27
10) Seller's contact data for Buyers:
Skvost s.r.o.
Zámocká 22, 811 01 Bratislava - mestská časť Staré Mesto
Phone: +421 948 722 512
E-mail: coucou@skvost.co
Article II
Order
1) An accepted electronic order shall be deemed a draft Purchase Contract and is binding.
2) A Purchase Contract between the Seller and the Buyer is concluded upon the confirmation of an electronic order in the Seller's system. The Seller shall send the Buyer a confirmation of the conclusion of a Purchase Contract, and confirm by e-mail (sent to the Client's e-mail address stated in the electronic order) the content of the Client's electronic order as soon as it is delivered to the Seller, failing which it shall be understood that no Purchase Contract has been concluded between the Parties. The Buyer shall check the content of the electronic order stated in the Seller's email message. In case of any inconsistencies regarding the content of the electronic order confirmed by the Seller, the Buyer shall notify the Seller accordingly by sending an e-mail to the address coucou@skvost.co.
3) The essentials of an electronic order shall be deemed to include:
Identification of the Buyer, i.e. business name or given name and surname, registered office/residence, Company ID No., Tax ID No., contact (phone and e-mail address);
Code of the goods ordered as per the catalogue and, if applicable, their name;
Quantity of the goods ordered;
4) Unless an order contains the essentials pursuant to the preceding paragraph, it shall be deemed incomplete. In that event, the Seller will attempt to contact and call on the Buyer to rectify the shortcomings in and, if appropriate, to particularise and/or complete the electronic order. Upon the receipt by the Seller of data particularising and/or completing the electronic order, the electronic order shall be deemed complete.
5) The validity of an electronic order is subject to the registration form being accurately and fully completed.
6) The Seller is not liable for any delayed delivery or damage caused due to the fact that the Buyer did not enter all the required data and/or completed the registration form inaccurately. Neither is the Seller liable for any damage incurred by the Buyer due to the latter having forgotten his access password and/or due to his access password having been obtained by unauthorised persons through no fault of the Seller.
Article III
Order cancellation
1) The Buyer may cancel an electronic order without stating the reason at any time before it is bindingly confirmed by the Seller.
2) The Seller reserves the right to cancel the order or a part thereof in the following instances:
- In the event that a COD (Cash on Delivery) order cannot be bindingly confirmed (wrong phone number, recipient is not reachable or does not reply to emails, etc.).
- The goods are no longer manufactured or available or their price charged by the supplier has changed significantly.
3) If such a situation occurs, the Seller shall promptly contact the Seller to agree on the further procedure. If the Buyer has already paid the purchase price or a part thereof, such amount shall, without undue delay, in any event not later than 14 days after the aforementioned facts are ascertained by the Seller, be refunded to the Buyer.
Article IV
Postage and packaging costs
1) In case of an order delivered within the Slovak Republic, no postage and packaging costs shall be charged by the Seller, except that despite an arrangement between the Buyer and the courier service, the goods fail to be successfully delivered to the Buyer at the agreed place and time of delivery, or except that the Seller returns the goods to the Buyer due to an unjustified complaint.
2) If goods are to be delivered outside the Slovak Republic and the order price is at least EUR 250, the postage and packaging costs are included in the price for the ordered goods and no additional postage or packaging costs will be charged by the Seller.
3) If goods are to be delivered outside the Slovak Republic and the order price is less than EUR 250, the postage and packaging costs are not included in the price for the ordered goods and such costs will be charged by the Seller additionally.
Article V
Delivery terms
1) Goods ordered electronically through the E-shop will be sent by the Seller to the Buyer, depending on the availability of individual kinds of goods and the Seller's operating capacity, as soon as possible, in any event not later than 7 working days after the Seller confirms the acceptance of the Buyer's electronic order, to the place of delivery stated in the electronic order so that the goods are delivered to the Buyer within 14 days after the Seller confirms the acceptance of the Buyer's electronic order. Notwithstanding the period stated in the previous sentence, the Seller may determine another delivery term for certain goods with regard to the specific nature and availability of the particular goods.
2) The Seller shall inform the Buyer of the dispatch of the goods via e-mail to the e-mail address stated in the Buyer's electronic order. The Buyer may at any time check the status of the electronic order by logging in to the E-shop system.
3) Goods are delivered by a courier service to the place of delivery stated by the Buyer in the electronic order. Before delivering the goods to the Buyer, the courier service will contact the Buyer by phone to agree the time of delivery of the goods to the Buyer. If the Buyer is not present at the place of delivery at the time firmly agreed with the courier service and does not authorise another person to accept the goods, the Buyer is liable for the damage incurred by the Seller and/or the courier service due to the failure to deliver the goods to the Buyer. The costs of re-delivery of the goods to the Buyer shall be borne by the Buyer.
4) Title to the goods shall pass to the Buyer upon the acceptance of the goods and paying the purchase price.
5) An invoice shall be enclosed with each shipment of goods. When accepting the goods, the Buyer is obliged to check whether the goods packaging is not damaged, and to sign a shipment acceptance document. If the goods packaging is damaged, it is necessary that at the place of delivery of the goods a report be written together with the carrier - courier service with respect to the defects found to have been caused during the transport. If the Buyer accepts the goods despite evidently damaged packaging, any future complaints on such grounds will not be recognised by the Seller.
6) Only a shipment sealed with the Seller's protective tape shall be deemed an undamaged, unopened and original shipment. The carrier is obliged to hand over the goods to the Buyer by items, and to write up a report on the spot. The carrier is liable for any damage thus caused.
Article VI
Price
1) The purchase price of the goods offered by the Seller via skvost.co is always stated below the chosen goods. The purchase price includes value added tax, except as stated otherwise.
2) The Seller reserves the right to unilaterally adjust (increase/reduce) the prices of goods stated at skvost.co; the new prices are valid for the Buyer from the date they are published at skvost.co. The prices so adjusted do not apply to the goods already ordered by the Buyer. If the price of certain goods stated at skvost.co is clearly wrong, e.g. in case of goods that are commonly available and generally known, their price differs from the usual price, or the price "0 EUR" or "1 EUR" is stated for the goods due to a system failure, the Seller is not obliged to deliver the goods at such wrong price, but may offer the goods to the Buyer at the actual price. If the Buyer does not accept the actual price of the goods, he may rescind the Purchase Contract.
Article VII
Payment terms
1) Payments shall be made in EUR, and the Seller requests one of the following methods of payment:
- ONLINE ADVANCE PAYMENT made via the Braintree payment system.
If this method of payment is chosen, the goods are sent to the Buyer through the courier service after the price of the goods stated in the electronic order is paid.
Article VIII
Copyright protection
1) The goods offered by the Seller via the E-shop are subject to copyright under Act No. 185/2015 Coll. on Copyright (the "Copyright Act") and industrial property rights (hereinafter jointly referred to as "intellectual property rights").
2) The Buyer may not use the goods in a manner that might infringe upon the Seller's intellectual property rights. The Buyer particularly may not:
- modify, publicly display, distribute or otherwise use the goods;
- make copies or reproductions of the goods;
- offer for sale or otherwise distribute copies or reproductions of the goods;
- register the goods for any type of industrial rights protection or other protection.
3) Any unauthorised infringement upon the intellectual property rights attached to the goods is a copyright violation subject to civil liability and criminal prosecution. In case of such violation of the intellectual property rights by the Buyer, the Seller may seek the protection of his intellectual property rights and the award of appropriate financial compensation.
Article IX
Warranty terms and warranty period
1) The Buyer is granted a 24-month warranty period for the goods delivered. The warranty period begins on the date the goods are handed over to the Buyer.
2) Goods purchased from the Seller and delivered to the Buyer are accompanied by an invoice (goods purchase document) which also serves as a warranty certificate.
3) A complaint may only be lodged in respect of goods that have been purchased from the Seller and fully paid.
4) When returning goods, the Buyer shall deliver the goods complained of to the Seller's registered address in a clean condition, mechanically undamaged, together with the required documents.
5) A complaint lodged in respect of goods is free of charge, and the Buyer is entitled to reimbursement of the costs inevitably incurred in connection with asserting the rights arising from liability for defects, i.e. in connection with lodging a complaint.
6) The detailed goods complaint procedure is laid down in the Complaint Handling Rules published at skvost.co
Article X
Consumer contracts and instruction on the right to rescind the contract
1) If the Purchase Contract is concluded by means of distance communication (in this case via an e-shop on the internet) and if the Seller instructs the Buyer as a consumer, in a due and timely manner, on the right to rescind the contract under Section 3, Subsection 1, letter h) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract made at a distance or outside the Seller's Operating Premises and on Amendments and Supplements to Certain Acts (the "Consumer Protection Act"), the Buyer as a consumer may, even without stating the reason rescind the Purchase Contract within 28 (twenty-eight) days after the acceptance of goods. Pursuant to Section 7, Subsection 4 of the Consumer Protection Act, goods shall be deemed to be accepted by the consumer at the moment when the consumer or a third party designated by him other than the carrier takes delivery of all parts of the ordered goods, or if:
- the goods ordered by the consumer in a single order are to be supplied in separate deliveries, at the moment when the last delivery is accepted,
- goods consisting of several parts or components are to be delivered, at the moment when the last part or component is accepted,
2) If the Seller provides the Buyer as the consumer with the information pursuant to Section 3, Subsection 1, letter h) of the Consumer Protection Act additionally, in any event not later than 12 months after the period for rescinding the contract under paragraph 1 of this Article hereof starts to run, the period for rescinding the contract will expire upon the lapse of 28 (twenty-eight) days after the date on which the Seller additionally met the information obligation. If the Seller does not provide the Buyer as the consumer with the information pursuant to Section 3, Subsection 1, letter h) of the Consumer Protection Act within the additional period pursuant to the preceding sentence, the period for rescinding the contract will expire upon the lapse of 12 months and 28 days after the date on which the period for rescinding the contract under paragraph 1 of this Article hereof starts to run. The Buyer may rescind a contract for the delivery of goods even before the period for rescinding the contract starts to run.
3) The Buyer as a consumer may not rescind a contract where the subject matter is:
- to provide a service, provided that the provision of such service has begun with the consumer's express consent and the consumer has declared that he has been duly informed that by expressing such consent he waives the right to rescind the contract after and provided that the service is fully provided;
- to sell goods or to provide a service where the price depends on price fluctuations in the financial market which the Seller cannot influence and which may occur during the time that the period for rescinding the contract is running;
- to sell goods manufactured according to the consumer's specific requirements, bespoke goods, or goods intended for one particular consumer;
- to sell goods in protective packaging which it is not advisable to return due to health protection or due to hygienic reasons if the protective packaging was damaged after the delivery;
- to sell goods which may, given their nature, be inseparably mixed with other goods after the delivery;
- to carry out urgent repairs or maintenance which the consumer has expressly requested the Seller to carry out; this shall not apply to contracts for services and contracts to sell goods other than spare parts necessary to carry out repairs or maintenance, provided they were concluded during the Seller's visit to the consumer and the consumer did not order such services or goods beforehand.
4) The Buyer's notice of rescission of the Purchase Contract must be delivered to the Seller prior to the expiry of the period for rescinding the Purchase Contract. Not later than 14 (fourteen) days after the rescission of the contract, the Buyer is obliged to send the goods back or hand them over to the Seller or a person authorised by the Seller to take over the goods. To expedite the handling of the matter, it is necessary to return the goods to the Seller's correspondence address, i.e. Zámocká 22, 811 01 Bratislava – city district of Staré mesto. More detailed information on the assertion of the Buyer's right to rescind the contract and the rights and obligations of the Parties upon the rescission by the Buyer of the contract are set forth in Articles XI and XII hereof.
5) Upon being rescinded by the Buyer, the Purchase Contract shall be deemed void ab initio. The Seller is obliged to take over the goods and to refund the Buyer without undue delay, in any event not later than 14 days after the receipt of a notice of rescission of the Purchase Contract, the price paid for the goods by wire transfer to the Buyer's account, including the costs which the Buyer expended to order the goods, as well as any payments which the Seller received from the Buyer under or in connection with the Purchase Contract; the payments pursuant to the preceding sentence shall be refunded by the Seller to the Buyer in the same manner as used by the Buyer to make such payments. The Buyer and the Seller may agree another method of payment, provided that no additional fees are charged to the Buyer in connection with such method of payment.
Article XI
Assertion of the Buyer's right to rescind the contract
1) The right to rescind the contract under Section 7, Subsection 1 of the Consumer Protection Act or under Article X, paragraph 1 of these GTC may be asserted by the Buyer with the Seller in any of the following manners:
- in writing, i.e. by registered letter sent to the Seller's correspondence address, i.e. Zámocká 22, 811 01 Bratislava – city district of Staré mesto; or
- by sending an e-mail message to the Seller's e-mail address coucou@skvost.co,
- by recording on another durable medium.
2) To rescind the contract, the Buyer may use the contract rescission form which forms Annex 1 hereto and which is available to the Buyer upon being published by the Seller at skvost.co.
3) The contract rescission period shall be deemed to have been met, provided that the notice of rescission of the contract was sent to the Seller not later than the last day of the period pursuant to Section 7, Subsection 1 of the Consumer Protection Act or pursuant to Article X, paragraph 1 of these GTC.
4) In case of doubts as to delivery, the notice of rescission of the contract sent by the Buyer shall be deemed to have been delivered upon the lapse of a period of time appropriate for the used method of delivery, provided that the Buyer can give proof of it being sent to the address notified by the Seller to the Buyer in accordance with Section 3, Subsection 1, letters b) to d) of the Consumer Protection Act or to such other address as duly notified by the Seller to the Buyer after the conclusion of the contract. If a mailpiece containing a notice of rescission of the contract cannot be delivered to the Seller due to the reasons laid down in Section 34, Subsection 2, letters a), b) and d) of Act No. 324/2011 Coll. on Postal Services and on Amendments and Supplements to Certain Acts, as amended, the notice of rescission of the contract shall be deemed to have been delivered upon being sent to the Seller's address according to the first sentence.
5) If the Buyer rescinds the contract in a due and timely manner, all collateral contracts related to the contract the Buyer has rescinded shall also be regarded as void ab initio. The Buyer may not be asked to reimburse any costs or other payments related to the annulment of a collateral contract, other than the costs and payments set forth in Section 9, Subsection 3 and Section 10, Subsection 3 of the Consumer Protection Act and the price of a service, provided that the subject matter of the contract is the provision of such service and the service was fully provided.
6) The Buyer carries the burden of proof in respect of the asserted right to rescind the contract.
Article XII
Rights and obligations of the Parties upon the rescission by the Buyer of the contract
1) The Seller is obliged, without undue delay, in any event not later than 14 (fourteen) days after the receipt of the notice of rescission of the contract, to refund the Buyer all payments which the Seller received from the Buyer under or in connection with the contract, including the costs of transport and delivery and postage and other costs and charges. The payments pursuant to the preceding sentence shall be refunded by the Seller to the Buyer in the same manner as used by the Buyer to make such payments. The Buyer and the Seller may agree another method of payment, provided that no additional fees are charged to the Buyer in connection with such method of payment.
2) The Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a method of delivery other than the cheapest common method of delivery offered by the Seller. Such additional costs shall be understood to mean the difference between the costs of delivery chosen by the Buyer and the costs of the cheapest common method of delivery offered by the Seller.
3) The Seller is not obliged to refund any payments to the Buyer under paragraph 1 before the goods have been delivered to the Seller or before the Buyer has given proof of the goods being sent back to the Seller.
4) Not later than 14 (fourteen) days after the rescission of the contract, the Buyer is obliged to send the goods back or hand them over to the Seller or a person authorised by the Seller to take over the goods. The period pursuant to the first sentence shall be deemed to have been met, provided that the goods were handed over for transport not later than the last day of such period. To expedite the handling of the matter, it is necessary to return the goods to the Seller's correspondence address, i.e. Zámocká 22, 811 01 Bratislava – city district of Staré mesto.
5) Upon the rescission of the contract, the Buyer shall only bear the costs of return of the goods to the Seller or a person authorised by the Seller to take over the goods.
Article XIII
Circumstances excluding liability for the impossibility of performance
1) Neither Party is liable for the impossibility of performance attributable to a force majeure event.
2) A force majeure event is considered an event that the Parties could not have foreseen or prevented despite having exerted the utmost professional care, that is out of their control, in particular war, rebellion, strike, natural disasters, legislative changes, and others.
3) If an event referred to in paragraph 2 occurs, the Parties shall forthwith inform each other accordingly.
4) The occurrence of unexpected technical or logistic failures releases the Seller from the agreed obligations.
Article XIV
Personal data protection
1) Personal data protection is governed by a separate document entitled Personal Data Protection Policy available HERE.
Article XV
Dispute resolution
1) Any disputes arising from the purchase of goods in the E-shop skvost.co shall be primarily resolved by mutual agreement between the Seller and the Buyer. If such agreement is not reached between the Seller and the Buyer, the competent Slovak general court shall have jurisdiction to decide such disputes.
2) If the Buyer, who is a consumer under the relevant legal regulations, is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has infringed his rights, the Buyer may request the Seller to resolve the situation. If the Seller rejects the Buyer's request pursuant to the previous sentence or fails to respond to such request within 30 days after it is sent by the Buyer, the Buyer may file an application to commence the procedure of alternative dispute resolution pursuant to Section 12 of Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts (the "Consumer Disputes Alternative Resolution Act"). The competent body for the alternative resolution of consumer disputes with the Seller is (i) the Slovak Trade Inspection, which may, for such purposes, be contacted at STI Central Inspectorate, International Relations and ARS Department, Prievozská 32, P.O. Box 29, 827 99 Bratislava, or electronically at ars@soi.sk or adr@soi.sk, or (ii) other competent legal entity entered in the list of entities for the alternative resolution of disputes kept by the Ministry of Economy of the Slovak Republic (the list of competent entities is available at http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s ), and the Buyer may choose which of the mentioned alternative dispute resolution entities he will apply to. The possibility to apply to a court shall be thereby unaffected. In order to file an application for the alternative resolution of his consumer dispute, the Buyer may use the online dispute resolution platform which is available at http://ec.europa.eu/consumers/odr/ .
3) The Buyer's application to commence the alternative resolution of a dispute under Section 12 of the Consumer Disputes Alternative Resolution Act must contain:
- the consumer's given name and surname, mailing address, e-mail address and phone contact, if any;
- precise identification of the Seller;
- full and comprehensible description of the relevant facts;
- specification what the Buyer as a consumer demands;
- date on which the Buyer as a consumer requested the Seller to rectify the situation, as well as the information that the attempt to resolve the dispute directly with the Seller was unsuccessful;
- declaration that the same application has not been filed on the merits of the case with another alternative dispute resolution entity, no court of justice or arbitration court has decided on the merits of the case, no mediation agreement has been concluded on the merits of the case, nor has an alternative dispute resolution procedure been closed on the merits of the case pursuant to Section 20, Subsection 1, letters a) to e) of the Consumer Disputes Alternative Resolution Act.
3) An application may be filed by letter, electronically or orally on the record. For the purposes of filing the application, the Buyer may use the form available HERE for download as well as on the website of the Ministry (http://www.mhsr.sk/alternativne-riesenie-spotrebitelskych-sporov-clr/146956s ) and of each alternative dispute resolution entity. The Buyer's application shall be accompanied by the dispute-related documents that prove the facts stated in the application.
4) If the alternative dispute resolution is unsuccessful, the competent Slovak general court shall have jurisdiction to decide the disputes in question.
Article XVI
Conditions of the use of the E-shop website
1) The E-shop website, including its individual parts, is protected by the Copyright Act. The sole owner of the copyrights attached to the website is the Seller, who is also authorised to exercise the proprietary rights attached thereto. The conditions of the use of the E-shop website may only be determined, issued and amended by the Seller. By using the E-shop website, the Buyer accepts these conditions.
2) The Buyer may view and download the materials from the E-shop website only for the purposes of personal, non-commercial use and on the condition that all notices of copyrights and proprietary rights contained in the original materials, including all their copies, remain unchanged. The Buyer may not modify, reproduce, publicly display, execute, disseminate in any way or otherwise use the materials contained on this website for public or commercial purposes. The materials published on the E-shop website may not be used on other web locations without the prior permission of the Seller. The materials contained on the E-shop website are copyrighted. Any unauthorised use of the materials contained on the E-shop website is a copyright violation subject to civil liability and criminal prosecution.
Article XVII
Final provisions
1) When purchasing goods at skvost.co, the Buyer is expected to have the knowledge of the technical capabilities of the Internet and to be aware of possible technical failures.
2) The Seller is not liable for damage caused by a failed connection to skvost.co. The protection of a computer, including the data stored therein, is the responsibility of the Buyer.
3) The Seller warns that the information posted on the website skvost.co may be updated without prior notice.
4) The Seller is not liable to a third party for any direct, indirect or extraordinary damage caused by the use of the information contained on the website skvost.co.
5) The Seller may at any time, without prior notice, change the goods offered at skvost.co.
6) The Seller reserves the right to amend and/or supplement these GTC at any time. Any amendments and/or supplements to these GTC shall come into force upon being published at skvost.co.
7) The Parties agree that any disputes between them arising out of the legal relationships established under the contract or collateral contracts, including disputes over the validity, interpretation and/or termination of this contract, shall be primarily resolved in an amicable way.
8) By submitting an electronic order to the Seller, the Buyer confirms that he accepts the Seller's GTC unconditionally.