Business conditions | Geniuso.sk

1. General provisions

These business terms and conditions regulate the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller and the buyer. The aim of the contract is the sale and purchase of goods on the website of the seller's e-shop.

Seller's contact details:
Name of the company: Geniuso, s. r. o.
Registered Office: Rudohorská 33, Banská Bystrica 974 11, Slovakia
ID number: 43 969 721
Tax No .: 2022543545
VAT number: SK 2022543545
E-shop: www.geniuso.sk/en
Phone: +421 948 886 903
Email: objednavky@geniuso.sk

(hereinafter referred to as the "seller")

Supervisory body:
Slovak Trade Inspection Authority (SOI), SOI Inspectorate for the Banská Bystrica Region, Dolná 46, 974 01 Banská Bystrica 1, Department of technical product control and consumer protection and legal department. Phone: 02/58272 172, 02/58272 104 fax: 02/58272 170, bb@soi.sj, http: //www.soi.sk.

1.1. These business terms and conditions, as amended on the day of concluding the purchase contract, are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written purchase agreement in which they agree on conditions deviating from these terms and conditions, the provisions of the purchase agreement will take precedence over these terms and conditions. The conditions agreed in this way must not be in conflict with other legal regulations (shortening the return period, warranty period, etc.)

1.2. For the purposes of these terms and conditions, the ancillary contract means a contract under which the buyer acquires goods or is provided with a service related to the subject of the purchase contract, if the goods are delivered or a service provided by the seller or a third party under their agreement.

1.3. The purchase price for the goods displayed on any e-commerce website operated by the seller also includes value added tax in the amount specified by the applicable legislation of the Slovak Republic and does not include the price for the transport of goods or other optional services. All sales are valid until stocks are exhausted, unless otherwise stated for a specific product.

1.4. The seller reserves the right at any time to adjust the price of the goods listed on any e-commerce website operated by the seller. The change in the price of the goods does not apply to purchase contracts concluded before the change in the price, regardless of the fact that the goods have not yet been delivered.

1.5. In the event that the seller does not comply with its obligations under the applicable legislation of the Slovak Republic or the EU or under these terms and conditions, the buyer can exercise his right against the seller through the competent court.

2. Method of concluding the purchase contract

2.1. The proposal to conclude the purchase contract is sent by the buyer to the seller via the completed online form. Sending the form is understood as the expresion of the buyer to conclude a purchase contract, the subject of which is the transfer of ownership to the goods selected by the buyer at the offered price, hereinafter referred to as the "order".

2.2. After sending the order, the buyer will receive by mail an automatically executed notification of registration of the order in the electronic system of the seller (hereinafter "confirmation of delivery of the order"). If necessary, additional information regarding the order can be sent to the buyer's e-mail address.

2.3. The delivery confirmation contains information that the order has been delivered to the seller, but it is not an acceptance of the proposal to conclude a purchase contract.

2.4. The seller will then send to the buyer's e-mail address information on whether the buyer's order has been accepted (hereinafter referred to as "order acceptance"). Acceptance of the order contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, as well as information on the price of goods and / or other services, information on the expected delivery time, name and information on the place where the goods are to be delivered and information on any price, conditions, method and date of transport of goods to the agreed place of delivery of goods for the buyer, details of the seller (business name, registered office, ID number, registration number in the commercial register, etc.), or other necessary information.

2.5. The purchase contract is concluded by delivering the acceptance of the order in electronic or written form to the buyer.

2.6. Before sending the order, the seller has informed the buyer in a clear, unambiguous, comprehensible and irreplaceable manner about the pre-contractual information concerning payment, transport, complaint and other conditions. The information was provided either on the relevant subpage of the seller's e-shop or in relevant articles of these business terms and conditions, which are located on the relevant subpage of the seller's e-commerce about:

the main characteristics of the goods or the nature of the service to the extent appropriate to the means of communication used,
the seller's business name and registered Office, the telephone number of the seller and other data that are important for the buyer's contact with the seller,
the address at which the buyer can file a complaint about the goods or services,
the total price of the goods or services, including value added tax and all other taxes, as well as transport, delivery, postage/shipping and other costs and fees, or if these costs and fees cannot be determined in advance the inforation was given that the buyer will be obliged to pay them,
the payment conditions, delivery conditions, the period within which the seller delivers the goods or provides the service,
the procedures for the filing and handling of complaints
the right of the buyer to withdraw from the purchase contract, the conditions, period and procedure for exercising the right to withdraw from the contract
the provision of the form for withdrawal from the purchase contract in Art. 10; the seller also provided the form for withdrawal from the purchase contract in the annex to these terms and conditions
information that if the buyer withdraws from the purchase contract, the buyer will bear the costs associated with the return of goods to the seller under § 10 section 3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance or off-premises contract of the seller and on the amendment of certain laws (hereinafter "Act on consumer protection in distance selling"), and if it withdraws from the purchase contract also the cost of returning goods which, due to their nature, cannot be returned by post, informed in Art. 10 of these business terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
the buyer's obligation to pay the seller the price for the performance actually provided under § 10 para. 5 of the Consumer Protection Act for distance selling, if the buyer withdraws from the service contract after giving the seller explicit consent under § 4 para. 6 of the Act on Consumer Protection in Distance Selling informed in Art. 10 of these business terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
the circumstances in which the buyer loses the right to withdraw from the contract informed in Art. 10 of these business terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
on instructions on the seller's liability for defects in goods or services pursuant to para. § 622 and 623 of the Civil Code informed in Art. 8 of these business terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
the existence of the relevant codes of conduct which the seller has undertaken to comply with and the way in which the buyer can become acquainted with them or obtain their wording on the relevant e-commerce catalog page of the seller,
the duration of the contract, in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period or in the case of a contract for which its validity is automatically extended, he also provided information on the conditions of termination of the contract
the minimum duration of the buyer's obligations arising from the purchase contract, if the purchase contract implies such an obligation for the buyer
the functionality, including the applicable technical protection measures to secure the electronic content, if applicable,
the compatibility of the electronic content with hardware and software of which the seller knows or reasonably expects to know, if applicable,
s) the possibility and conditions of out-of-court dispute resolution through the ADR system, if the seller has undertaken to use this system
t) on the actions necessary for the conclusion of the purchase contract in such a way that the seller described these necessary actions in these business terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
u) the fact that the purchase contract will be stored in electronic form at the seller and is available to the buyer after the buyer requests it in writing
v) the fact that the Slovak language is the language offered for the conclusion of the contract

2.7. If the seller has not fulfilled the obligation to inform the buyer about additional fees or other costs according to point 2.6. letter e) of these terms and conditions or the costs of returning the goods in accordance with point 2.6. letter i) of these terms and conditions, the buyer is not obliged to pay these additional costs or fees.

3. Rights and obligations of the seller

3.1. The seller is obliged to:

deliver the goods to the buyer (on the basis of the order confirmed by acceptance) in the agreed quantity, quality and time and pack them or equip them for transport in the manner necessary for their preservation and protection,
ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
immediately after the conclusion of the purchase contract, but no later than together with the delivery of the goods, provide the buyer by e-mail with a confirmation of the conclusion of the purchase contract. The e-mail must contain all the information referred to in point 2.6. including the withdrawal form.
hand over to the buyer at the latest together with the goods in written or electronic form all documents necessary for taking over and using the goods.

3.2. The seller has the right to a proper and timely payment of the purchase price from the buyer for the delivered goods.

3.3. If the seller is unable to deliver the goods to the buyer within the period agreed in the purchase contract or determined by these terms and conditions or at the agreed purchase price (due to the lack of stock or unavailability of goods), the seller is obliged to offer the buyer a relevant substitution/replacement or cancel order.

The buyer can withdraw from the purchase contract or cancel the order by delivering an e-mail to the seller. In the event that the buyer has already paid the purchase price or part thereof, the seller will return the already paid purchase price or part thereof within 14 days from the date of delivery of the e-mail on withdrawal from the purchase contract or cancellation of the order to the buyer's designated account, unless the parties agree otherwise.

If the buyer does not accept the replacement offered by the seller within the reasonable period or withdraws from the purchase contract, the seller is entitled to withdraw from the purchase contract and if the buyer has already paid the purchase price or part thereof, the seller is obliged to return the purchase price or part thereof within 14 days from the date of delivery of withdrawals from the purchase contract to the buyer.

4. Rights and obligations of the buyer

4.1. The buyer was informed by the seller that a part of sending the order is the obligation to pay the price.

4.2. The buyer is obliged to:

take over the ordered and delivered goods,
pay the seller the agreed purchase price within the agreed due date, including delivery costs,
confirm the receipt of the goods in the delivery note by buyer’s signature or by a person authorized by the buyer.

4.3. The buyer has the right to have delivered the goods in quantity, quality, date and place agreed by the parties.

5. Delivery and payment terms

5.1. The usual availability of goods with the date of their dispatch is stated for each product on the e-commerce website.

5.2. Unless the seller and the buyer have agreed otherwise in the purchase contract, the seller is obliged to deliver the goods to the buyer immediately, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the goods within the period under the first sentence, the buyer will ask the seller to deliver the goods within an additional reasonable period. If the seller does not deliver the goods even within this additional reasonable period, the buyer is entitled to withdraw from the contract.

5.3. The seller is entitled to ask the buyer to take over the goods even before the deadline for delivery of goods agreed in the purchase contract.

5.4. Since the display of color shades depends, among other things, on the quality of the display device used, the color display of the goods on the monitor may not exactly match the actual color shades as the buyer will actually perceive them.

5.5. The buyer is obliged to take over the goods at the place which the seller and the buyer agreed on in the purchase contract before the delivery of the goods (hereinafter "Place"). The buyer is obliged to take over the goods in the time range that the seller and the buyer agreed on in the purchase contract before the delivery of the goods (hereinafter "Time Range").

5.6. If the seller delivers the goods to the Place and within the Time Range, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person authorized to take over the goods and sign a protocol on payment of the purchase price (if applicable) and delivery and take over of goods. The third party authorized to take over the goods is obliged to submit a copy of the order acceptance to the seller.

The goods are considered delivered and taken over at the time of delivery of the goods to the buyer. Delivery of goods to the buyer means delivery of goods to the Place, its acceptance by the buyer or a third party authorized by the buyer and signing of a protocol on payment of the purchase price and delivery and take over of the goods by the buyer or a third party authorized by the buyer.

5.7. If it is necessary to repeat the delivery of goods due to the buyer's absence at the Place and within the Time Range or if the buyer does not take over the goods without prior written withdrawal from the purchase contract within 7 days after the expiration of the Time Range, the seller is entitled to compensation for damages in the amount of actual cost of an attempted unsuccessful delivery of the goods to the Place.

5.8. The buyer is entitled to inspect the shipment, ie the goods and the packaging immediately after delivery in the presence of the seller's representative. In case of finding the existence of a defect and / or if the shipment is not complete (lower number of pieces of goods, or the ordered goods are missing), the seller's representative is obliged to prepare a Damage Report at the buyer's request stating the extent and nature of the defects. On the basis of such a record delivered to the seller, the buyer may subsequently refuse to take over the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently in accordance with Art. 8 of these business terms and conditions to file a claim for defects in the goods with the seller or a designated person. In the event that the buyer refuses to take over the delivered goods with a defect, all reasonable costs incurred to return the goods to the seller shall be borne by the seller.

5.9. In case of non-delivery of goods by the seller within the period specified in point 5.2. of these terms and conditions, the buyer is entitled to withdraw from the purchase contract and the seller is obliged to return to the buyer the part already paid without undue delay, but no later than within 14 days after delivery of the withdrawal from the purchase contract. The return of the payment will be carried out in the same way as the payment was carried out by the buyer, unless otherwise agreed with the buyer. The refunds will be carried out without additional fees being charged to the buyer.

6. Purchase price

6.1. The purchase price for the goods agreed in the purchase contract between the seller and the buyer is stated in the acceptance of the order (hereinafter referred to as the "purchase price"). If the purchase price stated in the order confirmation is higher than the price for identical goods stated in the e-shop offer at the time of sending the order to the buyer, the seller will deliver an electronic message to the buyer informing about the offer of a new purchase price. A new purchase contract, which the buyer must explicitly confirm by e-mail or in writing will be concluded.

6.2. The buyer is obliged to pay the seller the purchase price, including the cost of delivery of goods at the time before taking over the goods: in cash or by card upon personal collection of the goods, by cash on delivery at the place of delivery of the goods or by non-cash bank transfer to the seller's account specified in the order acceptance or on the seller's website

6.3. In the event that the buyer pays the seller the purchase price by wire transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account. If the buyer pays the purchase price by cashless transfer through the payment service Global Payments s.r.o., the day of payment is considered to be the day when the entire purchase price was credited to the account of Global Payments s.r.o..

6.4. The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than when taking over the goods.

6.5. If the buyer does not pay the seller the full purchase price by the time of delivery of the goods to the Place and the parties have not agreed to pay the purchase price for the goods in installments, the seller is entitled to refuse delivery to the buyer.

6.6. Costs associated with the installation of goods are not included in the purchase price and the seller is not obliged to provide these services to the buyer.

6.7. The purchase price of the Geniuso talking pen also includes a recycling fee.

7. Acquisition of ownership and transfer of the risk of damage to the goods

7.1. By taking over the goods at the agreed place, the ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer set out in Art . § 2 letter a) of Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as the “Act”), acquires ownership of the goods upon full payment of the full purchase price for the goods.

7.2. The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorized by the buyer takes over the goods from the seller or his representative authorized to deliver the goods, or if the buyer does not do so in time (at the time the seller allows the buyer to dispose of the goods and the buyer will not take over).

8. Complaints procedure (liability for defects , warranty, complaints)

8.1. In the case of a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to eliminate the defect without undue delay.

8.2. The buyer may, instead of remedying the defect, request a replacement of the goods or, if the defect concerns only a part of the goods, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect .

8.3. Instead of eliminating the defect, the seller can always replace the defective goods with non-defective ones, if this does not cause serious difficulties for the buyer.

8.4. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a defect -free item, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer is unable to use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects.

8.5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.

8.6. The seller instructed the buyer about his rights under the provisions of Art. § 622 of the Civil Code (points 8.1. to 8.3. of these business terms and conditions) and the rights arising from it §623 of the Civil Code (points 8.4. to 8.5. of these business terms and conditions) by placing these business terms and conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.

8.7. The seller is responsible for defects in the goods in accordance with applicable regulations of the Slovak Republic and the buyer is obliged to file a complaint with the seller or a designated person. Information on designated persons and service points for warranty and post-warranty service will be provided by the seller to the buyer upon request by e-mail.

8.8. The valid complaint procedure of the seller applies to the handling of complaints, ie Art. 8 of these business terms and conditions. The buyer was duly acquainted with the complaint procedure and informed about the conditions and method of claiming the goods, including information on where the claim can be made, and the warranty repairs performed in the period before concluding the purchase contract by placing these terms and conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.

8.9. The complaint procedure applies to goods purchased by the buyer from the seller on the seller's e-shop website.

8.10. The buyer has the right to claim liability from the seller during the warranty period for defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible.

8.11. If the goods show defects, the buyer has the right to file a complaint at the seller's premises in accordance with Art . § 18 par. 2 of the Act by delivering the goods to the seller's premises and delivering to the seller a statement of the buyer's will to exercise his right under points 8.1. to 8.5. of these business terms and conditions (hereinafter referred to as the "Notice of Complaint"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller's e-shop. The seller recommends insuring the goods when sending them for a complaint. The seller does not accept cash on delivery. The buyer is obliged to state all the required information truthfully in the Notice of Complaint, in particular to precisely indicate the type and extent of the defect in the goods; the buyer shall also state which of his rights arising from para § 622 and 633 of the Civil Code apply. The buyer has the right to file a complaint with the person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The seller will send the list of designated persons to the buyer at his request by mail.

8.12. The complaint procedure concerning goods that can be delivered to the seller begins on the day when all cumulative conditions are met:
a) delivery of the Notice of Complaint to the seller,
b) delivery of the claimed goods from the buyer to the seller or designated person,
c) delivery of access codes, passwords etc. to the seller for the claimed goods, if these data are necessary for the proper handling of the complaint;

8.13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or that are permanently installed, the buyer is, in addition to meeting the conditions under points 8.12 a) and c) of these business terms and conditions, he is obliged to provide all necessary co-operation for the inspection of the claimed goods by the seller or a third party designated by the seller. Complaints proceedings concerning goods which cannot be objectively delivered to the seller or which are permanently installed begin on the day on which the goods were inspected in accordance with the first sentence. However, if the seller or a third party designated by the seller, despite the necessary cooperation provided by the buyer, does not ensure the inspection within a reasonable time, but no later than 10 days from delivery of the Notice to the Seller, the complaint procedure begins on the day of delivery of the Notice to the Seller.

8.14. The seller or a designated person shall issue to the buyer a confirmation of the claim of the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately indicate the claimed defects of the goods and once again inform the consumer of his rights under point 8.1. to 8.3. these business and complaint conditions ( provisions of § 622 of the Civil Code) and the rights arising from point 8.4. to 8.5. of these business terms and conditions ( provisions of Section 623 of the Civil Code). If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.

8.15. The buyer is entitled to decide which of his rights in accordance with Art . § 622 and § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about its decision to the seller. Based on the decision of the buyer, which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling complaints according to Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required no later than 30 days from the date of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately; in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the time limit for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.

8.16. If the buyer has made a claim for the goods within the first 12 months of concluding the purchase contract, the seller may handle the claim by rejection only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or a designated person (hereinafter "expert assessment of goods"). Irrespective of the result of the professional assessment, the seller may not require the buyer to reimburse the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods.

8.17. If the buyer has made a product complaint after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint handling document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for professional assessment to the designated person specified in the document on the handling of the complaint, the costs of professional assessment of the goods, as well as all other related expediently incurred costs shall be borne by the seller regardless of the result of professional assessment. If the buyer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a claim again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-submitted complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

8.18. The warranty does not cover defects of which the buyer was notified by the seller at the time of concluding the contract or which, taking into account the circumstances under which the purchase contract was concluded, must have known.

8.19. The seller reserves the right to replace defective goods with other non-defective goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.

8.20. The seller is not liable for defects of the goods:

if the buyer has not exercised his right regarding the seller's liability for defects of the goods by the end of the warranty period,
if the defect is mechanical damage to the goods caused by the buyer,
if the defect of the goods was caused by the use of the goods in conditions that do not correspond to their own intensity, humidity, chemical and mechanical effects on the natural environment of the goods,
if the defect of the goods was caused by improper handling, operation or neglect of care of the goods,
if the defect of the goods was caused by damage to the goods by excessive loading or use in violation of the conditions specified in the provided Instruction manual.
if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events,
if the defect of the goods was caused by accidental damage and accidental deterioration,
if the defect of the goods was caused by unprofessional intervention, water damage, fire, static or atmospheric electricity or other intervention by force majeure,
if the defect of the goods was caused by the intervention of an unauthorized person.

If the shipment is not complete or in the case of an obvious defect which the buyer could have found during the delivery of the goods and which without undue delay did not notify the seller's representative in accordance with point 5.8 of these business terms and conditions, later claims of this kind will be accepted only if the buyer proves that the claimed defects were present at the time of taking over the goods by the buyer.

8.21. The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

by handing over the repaired goods,
by exchanging the goods,
by returning the purchase price,
by paying a reasonable discount on the goods,
by a written invitation to take over the fulfillment determined by the seller,
reasoned rejection of the goods claim.

8.22. The seller is obliged to issue a written document to the buyer about the method of determining the handling of the complaint and the handling of the complaint no later than 30 days from the date of the complaint in person, through the postal or courier or delivery service provider. The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by e-mail and at the same time the buyer will receive a proof of complaint handling delivered via e-mail.

8.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases.

8.24. The warranty period is extended by the time during which the buyer could not use the goods due to warranty repair of the goods.

8.25. In the case of an exchange of goods for a new one, the buyer will receive a document stating information about the exchange of goods, and any further complaints are applied on the basis of the purchase contract and this complaint document. In the case of exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods.

8.26. With regard to the remediable defect , the complaint will be settled depending on the decision of the buyer according to point 8.15. of these business terms and conditions as follows:
a) the seller will ensure the elimination of the defect , or
b) the seller will replace the defective goods.

8.27. In the case of a remediable defect - if the buyer does not immediately determine how the complaint should be handled (in accordance with paragraph 8.15. of these business terms and conditions), the seller will handle the complaint by eliminating the defect.

8.28. In the case of a defect that cannot be remedied, or a single repetitive remediable defect , or a number of different remediable defects that prevent the goods from being properly used as defects , depending on the buyer's decision under paragraph 8.15. of these business terms and conditions, the seller will exchange the goods for other functional goods of the same or better technical parameters, or in case the seller cannot exchange the goods for another, the seller will settle the complaint by refunding the purchase price for the goods.

8.29. Complaint handling applies only to defects specified in the Notice of Complaint and in the confirmation of the claim of the goods according to clause 8.14. of these business terms and conditions.

8.30. For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect several times.

8.31. For the purposes of the complaint, the occurrence of more than three different remediable defects at the same time is considered to be a larger number of different remediable defects .

8.32. The right of the buyer to file a claim for a defect of the goods after he has exercised his right and asked the seller to eliminate the defect of the goods according to point 8.1. of these business terms and conditions is consumed and regardless of the result of the complaint, any re-application of the complaint of the same unique defect (not a defect of the same kind) will be rejected.

8.33. The provisions of Art. 8 of these complaint and business conditions do not explicitly apply to entities that do not meet the definition of a consumer specified in Art . § 2 letter a) of the Act.

9. Personal data and their protection

In case the buyer is a natural person, the contracting parties have agreed that the buyer is obliged to notify the seller of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address.
In case the buyer is a leagal entity, the contracting parties have agreed that the buyer is obliged to notify the seller of his/her business name, registered office address, including postal code, ID number, VAT number (if assigned), telephone number and email address for the purposes of proper processing and delivery of the order.
A buyer who has registered in the online store can check and change the personal data provided at any time, as well as cancel his/her registration after logging in to the e-shop website in the "My Account" section.
The seller hereby notifies the buyer that in accordance with Art. 6 (1) letter (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as the “ Regulation ”, the seller as an information system operator will process the buyer's personal data in the process of concluding the purchase contract without his consent as the data subject, as the buyer's personal data processing will be performed by the seller in pre-contractual relations for fulfillment of the purchase contract in which the buyer acts as one of the parties.
Pursuant to Art. 6 par. 1 letter f) the seller may, after delivery of the ordered goods, resp. services to the buyer, on the basis of a legitimate interest to process the personal data of the buyer also for the purposes of direct marketing and send to the buyer's e-mail address information about new products, discounts and promotions on the offered goods or services.
The seller will handle and dispose of the buyer's personal data in accordance with the valid legal regulations of the Slovak Republic.
The seller declares that in accordance with Art. 5 (1) letter a) and letter b) of the Regulation, the personal data of the buyer will be obtained exclusively for the purpose stated in these business terms and conditions.
The seller declares that for purposes other than those stated in these terms and conditions, it will always collect the buyer's personal data separately on an adequate legal basis and at the same time ensure that this personal data will be processed and used exclusively in a manner appropriate to the purpose for which they were collected. and will not associate them with personal data obtained for another purpose or for the purpose of fulfilling the purchase contract.
Prior to sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him/her in a sufficient, comprehensible and irreplaceable manner:

seller’s identification information, which is listed in Art. 1. of these business terms and conditions proving the identity of the seller,
contact details of the seller or the responsible person of the seller,
the purpose of personal data processing, which is the conclusion of a purchase contract between the seller and the buyer and the legal basis for personal data processing,
that the buyer is obliged to provide the required personal data for the purposes of concluding the purchase contract and proper processing and delivery of the order,
if the processing is based on Art. 6 (1) letter f) that the legitimate interest pursued by the seller is direct marketing,
identification data of a third party, which is a company that delivers the ordered goods to the buyer, resp. identification data of other recipients or categories of recipients of personal data, if any,
period of storage of personal data or criteria for its determination.
- The seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contravene the Regulation or other generally binding legal regulations and will not circumvent them.
- The buyer may revoke the consent to the processing of personal data at any time in electronic or written form. The consent expires immediately upon delivery of the withdrawal of consent by the buyer to the seller.
- In accordance with the Regulation, the seller provides the buyer, whose data it processes, with the following information:
the identity and contact details of the seller and where applicable, the seller's representative,
contact details of any responsible person,
the purposes of the processing for which the personal data are intended as well as the legal basis of the processing,
if the processing is based on Art. 6 par. 1 letter f) legitimate interests pursued by the seller or a third party,
circle of recipients, or categories of recipients of personal data, if any,
where applicable, information that the seller intends to transfer personal data to a third country or international organization,
period of storage of personal data or criteria for its determination,
information on the existence of the right to request from the seller access to his/her personal data and the right to rectify or delete them or to limit the processing or the right to object to the processing, as well as the right to data portability,
the right to file a complaint to the supervisory authority,
information on whether the provision of personal data is a legal or contractual requirement, or a requirement that is necessary for the conclusion of the contract, whether the buyer is obliged to provide personal data, as well as the possible consequences of not providing such data,
the existence of automated decision-making, including profiling;
proof of identity, IP address and payment card number or account number of the operator's customer together with the order number, variable symbol, date and time of the transaction.

The buyer has the right to obtain from the seller a copy of the personal data that is processed and has the right to obtain all the above information. For any additional copies requested by the buyer, the seller may charge a fee corresponding to the administrative costs of making the copy.

If the buyer exercises his/her right under point 11 in writing or electronically and the content of his application shows that he/she exercises his/her right under point 9.11, the application shall be deemed to have been submitted in accordance with this Regulation.
The buyer has the right to object to the processing of the personal data of the seller, which he assumes are or will be processed for the purposes of direct marketing in which it relates to such direct marketing. If the buyer objects to such processing, the seller shall terminate the processing of personal data for direct marketing purposes from the date of delivery of such objection to the seller and the personal data of the buyer concerned shall no longer be and will not be processed for such purposes.
If the buyer suspects that his personal data is being processed unjustifiably, he may file a complaint to the Office for Personal Data Protection of the Slovak Republic. If the buyer does not have full legal capacity, his/her rights can be exercised by a legal representative.
The seller shall take appropriate measures to provide the buyer with all the information referred to in point 11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply worded. The seller will provide the information electronically or in accordance with the Regulation by other means agreed with the buyer.
Information on the measures taken at the request of the buyer shall be provided by the seller to the buyer without undue delay, in any case within one month of receipt of the request.
The Seller informs the buyer that due to the fulfillment of the concluded contract, the processing of the buyer's personal data assumes that the buyer's personal data will be provided and made available to the following third parties:

Slovenská pošta, a.s., with registered office Partizánska cesta 9, 975 99 Banská Bystrica, registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, Insert No. 803/S, ID: 36631124, Tax number: 2021879959
GLS General Logistics System Slovakia s.r.o., with registered office at 1039 Budča 962 33, registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, Entry no. 9084/S, ID: 36 624 942, Tax number: SK2021797140
Packeta Slovakia s. r. o., Kopčianska 3338/82A, 851 01 Bratislava, registered in the commercial register maintained by the Municipal Court Bratislava III, section Sro, insert no. 105158/B, ID: 48 136 999,Tax number: 2120099014
Global Payments s.r.o., Vajnorská 100/B, 831 04 Bratislava - Nové Mesto, registered in the commercial register maintained by the Municipal Court Bratislava III, section Po, insert 3016/B, ID number: 50 010 301, Tax number: 4120029309
SuperFaktura, s.r.o., Pri Suchom mlyne 6, 811 04 Bratislava, registered in the commercial register maintained by the Municipal Court Bratislava III, section Sro, insert no. 81403/B, ID 46655034, Tax number: 2023513470
EKOMI, s. r. o., no. 1138, 900 55 Lozorno, registered in the commercial register maintained by the Bratislava III Municipal Court, section Sro, insert no. 46987/B, ID: 36 805 912, Tax number: 2022414746

In the event that the customer uses the form of payment through the payment systems of Global Payments s.r.o., the intermediary Global Payments s.r.o. is authorized to process personal data of affected persons - customers in accepting payment transactions for goods or services ordered by customers of the operator in its favor through various payment methods mediated by a payment system managed by an intermediary. Processing of personal data in the case of payment through payment systems Global Payments s.r.o. takes place at the registered office of Global Payments s.r.o. The intermediary Global Payments s.r.o. is entitled to process personal data of the persons concerned, the operator's customers, in the range: name, surname, e-mail , IP address and payment card number or account number of the operator 's customer together with the order number, variable symbol, date and time of the transaction; in the case of a complaint by the operator's customer, also the number assigned to it and other information, if their provision is required by the valid legal order of the Slovak Republic. The processing time of personal data is limited by the duration of the Framework Agreement or for the time strictly necessary to achieve the purpose of the processing. The provisions of this point do not affect the obligations of the mediator in the field of document archiving according to the generally binding legal regulations of the Slovak Republic.

10. Withdrawal from the purchase contract

10.1. If the seller is unable to fulfill his obligations under the purchase contract due to the lack of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods has discontinued production or made major changes that prevented the seller from fulfilling its obligations under the purchase contract; for reasons of force majeure or if, even with all reasonable efforts, the seller is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer and at the same time he is obliged to offer the buyer a substitution or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these business terms and conditions, the seller is obliged to return to the buyer the advance payment for the goods agreed in the purchase contract without undue delay, but no later than 14 days after notification of withdrawal. in the same way as the buyer used in his payment, unless both parties agree on another return method without additional charges being charged to the buyer

10.2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with Art. § 7 of Act no. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the “Act on Consumer Protection in Distance Selling”) within 14 days of receipt of the goods, or from the date of concluding the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations pursuant to Art . § 3 of the Act on Consumer Protection in Distance Selling.

10.3. The buyer has the right to unpack and test the goods within this period after receipt in a manner similar to the usual purchase in a classic "stone" store, to the extent necessary to determine the nature, properties and functionality of the goods.

10.4. The withdrawal period begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if:

the goods ordered by the buyer in one order are delivered separately from the day of receipt of the last delivered goods ,
delivers goods consisting of several parts or pieces, from the day of taking over the last part or the last piece,
under contract, delivers the goods repeatedly during a specified period, from the day of taking over the first delivered goods.

10.5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the period for withdrawal from the contract.

10.6. Withdrawal from the contract must be made by the buyer in writing in a manner that does not raise doubts that the withdrawal has occurred, or in the form of a record on another durable medium or using the form that forms Annex no. 1 of these business terms and conditions. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than on the last day of the period under Art . § 7 par. 1 of the Act on Consumer Protection in Distance Selling.

10.7. Withdrawal from the purchase contract must contain the information required in the form of withdrawal from, which forms Annex no. 1 of these business terms and conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the manner in which the seller is to return the already received goods, in particular the account number and / or postal address of the buyer.

10.8. If the buyer withdraws from the purchase contract, any additional contract related to the purchase contract from which the buyer withdrew is also canceled from the beginning. It is not possible to demand from the buyer any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in Art . § 9 par. 3, par . § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.

10.9. The buyer is obliged without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract to send the goods back to the address of the operator's registered office or hand it over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has proposed to pick up the goods in person or through a person authorized by him. The period under the first sentence of this point of these business terms and conditions is considered to be maintained if the goods were handed over for transport no later than on the last day of the period.

10.10. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.

10.11. It is recommended to insure the goods. The seller does not accept cash on delivery. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the buyer to return to the buyer all payments received from him under or in connection with the purchase contract, including shipping, delivery and postage and other costs and fees. The seller is not obliged to return payments to the buyer under this point of these terms and conditions before the goods are delivered to him or until the buyer proves the return of the goods to the seller, unless the seller proposes to pick up the goods in person or through a person authorized by him.

10.12. The buyer bears the cost of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling.

10.13. The buyer is only responsible for the reduction in the value of the goods, which arose as a result of such treatment of the goods, which is beyond the treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act on Consumer Protection in Distance Selling.

10.14. The seller is obliged to return the purchase price for the goods in the same way as the buyer used in his payment, unless the buyer agrees on another method of refund without additional charges to the buyer in this regard.

10.15. In the event that the buyer withdraws from the contract and delivers to the seller goods that are used, damaged or incomplete, the buyer undertakes to pay the seller:

the value by which the value of the goods is reduced in accordance with para . § 457 of the Civil Code in the actual amount
costs incurred by the seller in connection with the repair of goods and their restoration to the original condition calculated according to the price list for post-warranty service of goods. Pursuant to this point of the complaint and business conditions, the buyer is obliged to pay compensation to the seller at most in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.

10.16. In accordance with para. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer may not withdraw from the contract, the subject of which are:

sale of goods made according to special consumer requirements, custom-made goods or goods intended specifically for one consumer,
the sale of sound recordings, video recordings, sound recordings or computer software sold in protective packaging, if the consumer has unpacked the packaging,
the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right to withdraw from the contract.

10.17. The provisions of Art. 10 of these business terms and conditions do not explicitly apply to entities that do not meet the definition of consumer specified in Art . § 2 letter a) of the Act.

11. Final provisions

11.1. If the purchase contract is concluded in writing, any change must be in writing.

11.2. The parties have agreed that communication between them will take place in the form of e-mails.

11.3. The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. apply to consumer protection in distance selling.

11.4. These business terms and conditions become effective against the buyer by concluding a purchase contract.

11.5. Before sending the order, the buyer will be asked to check the box that he has read these business terms and conditions, understands their content and fully agrees with them.

11.6. If the buyer is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights, he has the opportunity to turn to the seller for redress. If the seller responds to the request for redress or does not respond to it within 30 days from the date of its dispatch, the consumer has the right to file a motion to initiate an alternative solution to his dispute under the provisions of § 12 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Laws.

The competent subject for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection, Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava, www.soi.sk or another relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the consumer has the right to choose which of these ADR entities to turn to.

The consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal.

In Bratislava on November 15th, 2023

Geniuso_Appendix 1 - WITHDRAWAL FORM

Geniuso_Appendix 2 - COMPLAINT FORM

Geniuso_Appendix 3 - information on withdrawal