General Terms and Conditions
1.1. These General Commercial Terms and Conditions define the rights and obligations of the Parties that arises from the Agreement on the Provision of Services concluded by and between the seller, that being Oxy Addict s. r. o., Company Registration No.: 52345301, seated at Záhradnícka 46, 821 08 Bratislava, registered by the District Court Bratislava I, Section sro, File No. 136543/B (hereinafter the “Seller”) and the buyer who is the end consumer that orders products through the Seller’s e-shop (hereinafter the “Buyer”).
The Seller’s contact information:
Oxy Addict s. r. o., Záhradnícka 46, 82108 Bratislava
1.2. The registered address of the company headquarters and the contact information provided in the previous point represent the address where the Seller maybe contacted to lodge a complaint or a claim under the guarantee for the goods or any other communication with the Seller.
1.3. The activity of the Seller is overseen by a supervisory authority:
Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region,
Prievozská 32, P.O. Box 5, 820 07 Bratislava 27
The Department for the Technical Inspection of Products and Consumer Protection
Telephone No.: 02/ 58272 172-3 fax No.: 02/ 58272 170
1.4. To protect the rights of the consumer that arise from the Agreement on the Provision of Services concluded hereunder, every consumer (Buyer) has the right to turn to an alternative body for the resolution of disputes, however this does not affect the right to turn to the courts for resolution. If the Buyer is not satisfied by the way in which the Seller has handled a complaint or believes that the Seller has violated their rights, the buyer has the right to return to the Seller with a request for correction. If the Seller responds negatively to such a request from the Buyer or if they fail to respond to such request within 30 (thirty) days of sending the request, the Buyer shall have the right to lodge a request for an alternative form of dispute resolution with the alternative dispute resolution entity pursuant to Act No. 391/2015 on The Alternative Resolution of Consumer Disputes. The competent entity for the alternative resolution of consumer disputes for the Seller is: the Slovak Trade Inspection or any other competent authorised legal entity as listed in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. The Buyer has the right to choose which of the listed alternative dispute resolution entities it will turn to.
1.5. The Buyer may also lodge a request to start an alternative dispute resolution process through an online platform for dispute resolution which is accessible at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
1.6. By sending an electronic order, the Buyer confirms to the Seller that they agree that these General Commercial Terms and Conditions and the provisions thereof shall apply to each and every purchase agreements concluded through the website of the e-shop operated by the Seller, on the basis of which the Seller shall supply the goods presented on the website to the Buyer (hereinafter the “Purchase Agreement”) and that they define each and every relationship between the Seller and the Buyer that arises from the conclusion of an Agreement for the Purchase of goods and any complaints that concerns the supplied goods.
1.7. The General Commercial Terms and Conditions represent an integral part of the Purchase Agreement.
1.8. The offer of goods on the website of the e-shop operated by the Seller represents a catalogue of commonly sold goods and the Seller does not guarantee the immediate availability of all the goods listed. The availability of the goods will be confirmed to the Buyer through an email message confirmation of the receipt of the Buyer’s order.
- Manner in which the Purchase Agreement is Concluded
2.1. Unless otherwise stated for the goods in question, the product listed in the e-shop catalogue is ordered by the customer by placing the product in the shopping basket and the subsequent payment for the goods.
2.2. The acceptance of an order is not contingent on the registration of the customer in the database of the operator of the internet shop.
2.3. Following verification of the availability of the product and validation of the prices, the operator of the internet shop shall confirm the customer’s order by email or by telephone. Upon confirmation of the order the total price of the goods and services ordered will be confirmed together with the delivery date.
2.4. If, after confirmation of the order, by telephone or email, the Buyer fails to delivery of the goods without having previously withdrawn from the Agreement in writing, the Seller reserves the right to apply its right to compensation for damages incurred, that being the cost of the attempted delivery of the order.
2.5. All electronic orders received shall be considered as contract proposals and shall be considered to be binding.
2.6. The Purchase Agreement shall be concluded by the Seller’s binding acceptance of the Buyer’s proposal for the conclusion of the Purchase Agreement.
2.7. The binding acceptance of the Buyer’s order by the Seller shall be through the Seller’s email confirmation to the Buyer regarding the acceptance of the order after the Seller had already received the order, verified the availability of the goods, the validity of the price(s) and the date of delivery of the product(s) requested by the Buyer.
- The Rights and Obligations of the Seller
3.1. The Seller shall be obliged to:
on the basis of the order confirmed by the Seller, deliver the goods to the Buyer in the agreed quantity, quality and on the agreed date, and pack or safeguard it for transport in a manner consistent with its preservation and protection,
ensure that the goods delivered meet the applicable legal regulations of the Slovak Republic,
immediately after conclusion of the Purchase Agreement, but at the latest at the same time as the delivery of the goods, provide the Buyer with confirmation of the conclusion of the Purchase Agreement on a permanent medium, e.g. by email.
3.2. The Seller has the right to receive timely and proper settlement of the sale price by the Buyer for the goods delivered.
3.3. The Seller has the right to cancel the order if due to a lack of stock or availability of goods it is unable to deliver the goods to the Buyer on the due date or at the price stated in the internet shop, unless the customer agrees to the substitution of goods. The customer shall be informed that the order has been cancelled by telephone or email and if settlement of the sales value or part of the sales value is required this will be returned within 14 days of the cancellation of the order to an account specified by the Buyer, unless agreed otherwise with the Seller.
- The Rights and Obligations of the Buyer
4.1. The Buyer has been informed by the Seller that the obligation to pay the sale price is part of the order.
4.2. The Buyer shall be obliged to:
take delivery of the purchased or ordered goods,
pay the Seller the agreed purchase price, including the costs of delivery, by the agreed due date,
to not cause damage to the Seller’s good business reputation,
by signing the delivery note the Buyer, or a person authorised by them, confirms that they have taken delivery of the goods.
4.3. The Buyer has the right to have the goods delivered in the correct quantity, quality and on the date and place agreed by the Parties in the binding acceptance of the order.
- Delivery and Payment Conditions
5.1. Following payment for the goods, an invoice shall be issued to the Buyer and the goods shall immediately be dispatched to the Buyer.
5.2. Unless agreed otherwise, the operator of the internet shop agrees to deliver the goods to the Buyer within 7 days of the email confirmation of order. If the operator of the internet shop does not meet its obligation to deliver the item by the deadline specified above, the Buyer shall request delivery of the item in a reasonable additional time. Should the Seller fail to deliver the item by such a reasonable additional deadline, the Buyer shall be entitled to withdraw from the Agreement.
5.4. Upon delivery of the goods the customer shall be entitled to open the delivered package in front of the courier to check if the contents are complete and undamaged. If the package is delivered by a courier company, it is necessary to visually inspect the package. Should the package be incomplete or damaged this should be noted in writing together with the courier. The Buyer is obliged, immediately after delivery of the package, to wholly unpack the goods and inspect them for any mechanical damage. If mechanical damage is found they must inform the internet shop operator without delay and mutually agree on the next steps. It is only be possible to accept complaints concerning mechanical damage at a later date if the Buyer can prove that the goods were damaged at the time of delivery. If the package is visibly damaged, do not sign the delivery note for the delivery person until you have unpacked and inspected the goods in the presence of the courier! If the goods are damaged, this should be documented (the best option would be to take photographs) and together with the courier write a complaint and immediately inform the internet shop operator.
5.10. The Seller shall be entitled to ask the Buyer to take delivery of the goods before the end of the period agreed in the Purchase Agreement.
5.11. Delivery of the goods shall be carried out by handing over the goods to the Buyer at an agreed place. By taking possession of the goods the ownership rights to the goods transfers to the Buyer.
5.13. If the Seller fails to deliver by the deadline stated in 5.3. the Buyer shall be entitled to withdraw from the Purchase Agreement and the Seller shall be obliged to return to the Buyer the part of the sales price that has already been settled, this must be done within 14 days of the withdrawal from the Purchase Agreement by a cashless transfer to an account number by the Buyer.
5.17. In order to speed up order processing payment is required in advance through the GoPay paygate.
- Sales Price, Post and Packing Fees
6.1. The Buyer shall pay to the Seller the sales price of the goods as agreed in the Purchase Agreement and/or according to the Seller’s price list valid in the time of the conclusion of the Purchase Agreement. This shall include the costs of delivery of the goods (hereinafter the “Sales Price”).
6.2. Should the Buyer pay the Sales Price by cashless transfer, the day that the full sale price was credited to the Seller’s account shall be considered the day of payment.
6.3. The Buyer shall be obliged to pay the Seller the sales price of the goods within the deadline specified in the Purchase Agreement.
6.4. Should the Buyer pay the Seller the sales price for the goods agreed in the Purchase Agreement, the Buyer is only be entitled to withdraw from the Purchase Agreement and request the return of the sale price in accord with the applicable legal regulations of the Slovak Republic and these General Commercial Terms and Conditions.
6.5. The post and the packing fee shall be charged in the following way: € 3.90/DHL courier.
6.7. Before the confirmation of order, the internet shop operator may change the price of the goods in the e-shop catalogue, when any product is ordered as a consequence of changes in legal regulations, currency exchange rates, dramatic inflation or changes of prices by the producers or suppliers of the goods, or if it discovers that the particular price was incorrectly stated. The internet shop operator shall be obliged to inform the customer of these changes. Before the order is confirmed, the internet shop operator is obliged to request approval for the change in price from the customer. In such cases, the Buyer has the right to withdraw from the Agreement.
6.8. When shopping in the internet shop, it is not possible to apply any club, member or employee discounts.
- Cancellation of Orders, Return of Goods
8.1. If the order was not confirmed – or within a maximum of 24 hours from the receipt of the order confirmation the customer has the right to cancel the order by email or telephone. In such cases no cancellation fee shall be charged to the customer.
8.2. If the customer cancels the order or withdraws from the Agreement as a consequence of a failure by the internet shop operator to adhere to the published price or delivery time, no cancellation fee shall be charged and any advance payment or a payment of the whole amount will be returned within 14 calendar days from the day of withdrawal from the Agreement (order cancellation) by a cashless transfer to a bank account nominated by the Buyer, unless there is a mutually agreed alternative.
8.5. The customer may cancel the order by sending a request to email address: firstname.lastname@example.org, or in writing to: Oxy Addict s. r. o., Záhradnícka 46, 821 08 Bratislava.
8.6. The internet shop operator has the right to cancel the order either due to lack of stock or availability of the goods.
8.9. If the Buyer has already paid a part or the whole sale price for the order of the goods that has been cancelled, this amount shall be returned within 14 calendar days from the date of the notification of the withdrawal from the Agreement (order cancellation) by cashless transfer to an account specified by the Buyer.
- It is only possible to return goods that are unused, undamaged and, if possible, in the original packaging.
8.11. If the conditions for the return of the goods are met, the full price paid for the goods shall be returned to the Buyer.
- Processing of Personal Information
9.1. The Parties have agreed that for the purposes of the due processing and delivery of the order, the Buyer, if an individual shall provide the Seller, with the order, with their name and surname, permanent address including postcode, telephone number and email address.
9.2. The Parties agree that for the purposes of the due processing and delivery of the order, the Buyer, if a legal entity, shall provide the Seller, with the order, with their trading name, registered address including postcode, Company Registration No., VAT Reg. No. (if applicable), telephone number and email address.
- Withdrawal from the Agreement
10.1. A withdrawal from the Agreement must contain all of the required information. Following their withdrawal from the Agreement, the Buyer shall be obliged to deliver to the Seller the goods together with any accessories including the original document of the purchase, and if possible, in the original packaging, by sending it or bringing it to: Oxy Addict s. r. o. Záhradnícka 46, 821 08 Bratislava. We do not accept packages sent as cash on delivery. We recommend the goods are insured.
10.2. If the buyer withdraws from the purchase contract, any additional contract related to the original contract from which the buyer withdrew will also be cancelled.
10.3. Following withdrawal from the Purchase Agreement, the Seller shall return to the Buyer all payments which the Buyer has demonstrably settled in relation to the conclusion of the Purchase Agreement, especially the sales price including delivery costs.
10.4. The Seller shall not be obliged to return to the Buyer all the payments under 10.14. until the goods have been returned by the Buyer or until the Buyer proves that the goods have been sent back to the Seller. The payment made for the purchased goods shall only be settled by the Seller after the delivery of the goods back to the address in 10.1. above or after the provision of a document that proves the goods were sent back, whichever is earlier.
10.5. Should the Buyer withdraw from the Agreement and deliver to the Seller goods that are used, damaged or incomplete or goods whose value has decreased as a result of such handling of the goods that is over and beyond the handling necessary to ascertain the properties and functionality of the goods, the Seller shall have the right to a receive compensation for damages from the Buyer of the value of the repair of the goods and to put the goods back into their original state, or the Seller shall have the right to request compensation for the decrease in the value of the goods from the Buyer.
10.6. Within a maximum of 14 days from the withdrawal from the Agreement, the Buyer id obliged to send back or submit to the Seller the goods together with the accessories including the original document of purchase, the statement of guarantee, the manual, etc., and, if possible, in the original packaging.
10.7. Upon withdrawal from the Agreement, the Buyer shall bear the direct expenses for the return of the goods to the Seller or to the person charged by the Seller to takeover of goods. Upon withdrawal from the Agreement, the Buyer shall bear the direct costs for the return of the goods which, due to their character, cannot be returned by post. The direct costs related to the return of the goods cannot be reasonably calculated beforehand.
- Final Provisions
11.1. The Seller reserves the right to modify these General Commercial Terms and Conditions. The obligation to notify Buyers of a change in writing shall be met by uploading the modified version on the website of the Seller´s e-shop.
11.2. Should the Purchase Agreement be concluded in written form, any further changes must be made in writing.
11.3. Purchase Agreements concluded through the e-shop shall be governed by the relevant provisions of Act No. 22/2004 on Electronic Commerce, Act No. 250/2007 on Consumer Protection, Act No. 102/2014 on Consumer Protection in the sale of goods or provision of services on the basis of a contract at distance an off-premises contract and the amendments by certain acts, as well as Act No. 40/1964 Civil Code, and these General Commercial Terms and Conditions (hereinafter the “VOP”), which specify the details of the conclusion and performance thereof. Any contractual relationship between the Seller and the Buyer are concluded pursuant to the legal code of the Slovak Republic. If the Party is not a consumer, the legal relationships that are not defined here shall abide by the Act No. 513/1991 Commercial Code as amended.
11.7. By ticking the box before sending the order, the Buyer confirms that it has read these General Commercial Terms and Conditions, understood their content and agrees to the whole scope and extent.
11.8. These General Commercial Terms and Conditions shall come into effect on 1 July 2019.