General Terms and Conditions

 

Article I

Introductory provisions

 

1. These general terms and conditions are issued by the company Merch s.r.o., with its registered office at Slávičia 10, 903 01 Senec, Slovak Republic, Company ID: 47 608 803, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, File No. 95409/B.

 

 

Article II

Definitions

 

1. Within these general terms and conditions, the following terms are used:

 

• E-shop means the website https://shop.prirodzenenajlepsi.sk operated by the Seller;

 

• GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
  on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

 

• Purchase price means the price stated in the Order for which the Buyer purchases the Goods;

 

• Buyer means any visitor to the E-shop who has created an Order for the purpose of concluding a Purchase Agreement; the Buyer is a legal entity, a natural person – entrepreneur, or a natural person – non-entrepreneur (consumer);

 

• Civil Code means Act No. 40/1964 Coll., the Civil Code, as amended;

 

• Commercial Code means Act No. 513/1991 Coll., the Commercial Code, as amended;

 

• Order means a form available on the E-shop through which the Buyer places a binding order for specifically defined Goods for the purpose of concluding a Purchase Agreement;

 

• Seller means the company Merch s.r.o., with its registered office at Slávičia 10, 903 01 Senec, Slovak Republic, Company ID: 47 608 803, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, File No.: 95409/B;

 

• Complaint form means the online complaint form available on the E-shop through which the Buyer is obliged to file a complaint about the Goods;

 

• Goods means the subject of purchase specified in the Order which the Buyer purchases via the E-shop and on the basis of the Purchase Agreement;

 

• Account means an account created on the E-shop;

 

• GTC means these general terms and conditions issued by the Seller;

 

• Act on Alternative Dispute Resolution means Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws, as amended;

 

• VAT Act means Act No. 222/2004 Coll. on value added tax, as amended;

 

• Personal Data Protection Act means Act No. 18/2018 Coll. on personal data protection and on amendments to certain laws, as amended;

 

• Consumer Protection Act means Act No. 250/2007 Coll. on consumer protection and on amendment of the Act of the Slovak National Council No. 372/1990 Coll. on offences, as amended;

 

• Distance Selling Act means Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s business premises and on amendments to certain laws

 

• Purchase Agreement means an agreement concluded between the Seller and the Buyer via the E-shop under which the Seller undertakes to deliver the Goods to the Buyer and the Buyer undertakes to accept the Goods and pay the Seller the Purchase Price;

 

• Contracting party means the Seller or the Buyer;

 

 

Article III

General information

 

1. These GTC govern all obligations and all rights and obligations that arose or are related to the conclusion of the Purchase Agreement between the Contracting Parties.

 

2. By concluding the Purchase Agreement, the Seller undertakes to deliver the Goods to the Buyer and transfer ownership rights to the Goods to the Buyer, and the Buyer undertakes to accept the Goods and pay the agreed Purchase Price for them.

 

3. The Buyer may create an Account free of charge directly on the E-shop and is obliged to provide the following information:
   1. first name and last name;
   2. address;
   3. telephone number;
   4. e-mail address.

 

4. After creating the Account, a verification e-mail will be sent to the Buyer to the e-mail address entered during registration. The Buyer is obliged to confirm the creation of the Account via the verification e-mail.

 

5. The Buyer is entitled to have only one Account. If the Seller finds that the Buyer has duplicate Accounts, the Accounts created later will be cancelled.

 

6. The Seller reserves the right to refuse to create, deactivate, restrict, or cancel an Account.

 

7. These GTC are an inseparable part of the Purchase Agreement.

 

8. The Buyer is entitled to contact the Seller as follows:
   1. by mail: Merch s.r.o., Majerská 269, 900 50 Kráľová pri Senci, Slovak Republic;
   2. by phone: +421 220 924 420
   3. e-mail: info@shop.prirodzenenajlepsi.sk

 

 

Article IV

Order and conclusion of the Purchase Agreement

 

1. Before concluding the Purchase Agreement with the Seller, the Buyer is obliged to create a complete Order with the required information and submit it to the Seller via the E-shop.

 

2. The Buyer starts the Order creation process:
   1. by selecting specific Goods together with specific characteristics (size, color, quantity, etc.) and adding them to the cart via the “Add to cart” button, then proceeding according to points 3 to 11 of this Article of the GTC; or
   2. in the case of specifically designated Goods without the Goods being saved directly in the cart, with the Buyer then proceeding according to points 4 to 11 of this Article of the GTC.

 

3. The Buyer has the option to:
   1. view the contents of the shopping cart via the “View cart” button, from which they are then redirected to the order form via the “Continue” button; or
   2. be redirected directly to the order form via the “Checkout” button.

 

4. In the order form, the Buyer is obliged to select the delivery country, delivery method, and payment method, and enter the following data:
   1. company name or first name and last name;
   2. registered office or permanent residence;
   3. delivery address (if different from the registered office or permanent residence);
   4. Company ID (if not a consumer);
   5. Tax ID (if not a consumer);
   6. VAT ID (if not a consumer);
   7. telephone number;
   8. e-mail address.

 

5. After correctly completing the order form and selecting the necessary Order parameters in accordance with point 4 above, the Buyer, by clicking the “Order with obligation to pay” button, expresses consent to these GTC and sends the Order to the Seller. Depending on the selected payment method, the Buyer may be redirected to a payment gateway to pay the Purchase Price.

 

6. The Buyer may use a gift voucher or discount coupon to pay the Purchase Price or obtain a discount from the Purchase Price.

 

7. The submitted Order is a (binding) proposal to conclude the Purchase Agreement and takes effect from the moment it is delivered to the Seller.

 

8. The Seller informs the Buyer of the acceptance of the Order via an automatically generated e-mail sent to the Buyer to the e-mail stated in the Order. Delivery of the notice of acceptance of the Order by the Seller to the Buyer does not mean that the Purchase Agreement has been concluded. After delivery of the notice of acceptance of the Order, the Seller will verify the availability of the Goods specified in the Order. The Purchase Agreement is concluded only by sending the Order confirmation to the Buyer’s e-mail. The Order confirmation contains information on the name and specification of the Goods whose sale is the subject of the Purchase Agreement, as well as data on the Purchase Price and payment terms, information that the Goods are or will be ready for pickup, or information that the Goods have been dispatched to the Buyer.

 

9. The Buyer is obliged to properly fill in all information marked as mandatory in the Order. If the Order is not completed properly, the Seller is entitled to reject this Order.

 

10. The Buyer has the right to cancel the submitted Order without stating a reason until the moment the Seller delivers the Order confirmation.

 

 

Article V

Payment terms

 

1. The Buyer is obliged to pay the Seller the Purchase Price for the Goods stated in the Order. The Purchase Price is stated including the VAT rate according to the applicable legal regulations at the time of delivery of the taxable supply.

 

2. The Buyer may pay the Purchase Price in several ways, while the availability of individual payment methods may differ depending on the delivery country:
   1. cash on delivery upon receipt of the Goods;
   2. online via the TatraPay+ payment gateway
   3. via Benefit Plus;
   4. by gift voucher, voucher, or discount coupon.

 

3. The Purchase Price shall be deemed paid only at the moment it is credited to the Seller’s bank account or at the moment the Purchase Price comes into the Seller’s disposal.

 

4. The Contracting Parties have agreed that the Seller will deliver an invoice (tax document) to the Buyer in electronic form pursuant to Section 71(1)(b) of the VAT Act within 24 hours after payment of the Purchase Price.

 

5. The Seller may provide the Buyer with a discount from the Purchase Price to which the Buyer is not entitled.

 

 

Article VI

Delivery terms

 

1. The Seller undertakes to dispatch the Goods to the Buyer within 30 days from the date of conclusion of the Purchase Agreement. The Seller is entitled to unilaterally extend this period depending on the availability of the Goods, and is obliged to inform the Buyer without undue delay.

 

2. The Seller is obliged to deliver the Goods in the agreed quantity and quality and together with all information and documents necessary for acceptance and use of the Goods, as well as other documents pursuant to generally binding legal regulations.

 

3. Delivery of the Goods to the Buyer is carried out in the manner specified in more detail upon selection in the Order, while the availability of individual methods may differ depending on the delivery country:
   1. national postal carrier (post office);
   2. courier company.

 

4. The Contracting Parties may also agree on a procedure for sending the Goods other than the standard (above-mentioned) procedure.

 

5. The method of delivery of the Goods and the delivery price (postage) shall be selected and confirmed by the Buyer in the Order, with more information available in the Shipping and payment terms section.

 

6. The terms of delivery of the Goods are governed by the current delivery terms of the relevant carrier, which are published on the relevant website of the selected carrier.

 

7. The amount of postage is stated in the Order. The Buyer undertakes to pay the postage to the Seller together with the Purchase Price.

 

8. If the Goods cannot be delivered to the Buyer due to their unavailability or for other serious reasons (in particular if the Seller discovers defects in the Goods when packing them or that part of the Goods is missing, etc.), the Seller is obliged to inform the Buyer of this fact via an e-mail sent to the Buyer and at the same time the Seller is obliged to state the expected delivery date of the Goods. The Seller may send the Goods that are immediately available to the Buyer and deliver the remaining part of the Order additionally within the delivery period, provided that the Buyer will not be charged any additional postage other than that stated within the Order.

 

9. The Buyer is obliged to accept the Goods at the agreed place and time. The Goods shall be deemed accepted:
   1. at the moment of acceptance of the Goods from the carrier, if the Buyer is a natural person – non-entrepreneur (consumer)
   2. at the moment of handing over the Goods to the carrier, if the Buyer is a legal entity or a natural person – entrepreneur.

 

11. A Buyer who has chosen cash on delivery as the payment method and has not accepted the Goods will not be allowed to choose cash on delivery as the payment method for the next Order. The Contracting Parties expressly agreed that the Seller is entitled to compensation for damages if the Buyer breached their obligation to accept the Goods.

 

12. The risk of damage to the Goods passes from the Seller to the Buyer at the moment of acceptance of the Goods.

 

13. Ownership rights to the Goods pass to the Buyer upon acceptance of the Goods and full payment of the Purchase Price and postage.

 

14. The Seller is not responsible for delayed delivery of the Goods for reasons on the part of the carrier.

 

 

Article VII

Withdrawal from the Purchase Agreement

 

1. The Seller is entitled to withdraw from the Purchase Agreement in the event of:
   1. impossibility of performance of the Purchase Agreement; impossibility of performance of the Purchase Agreement may be assessed in particular, but not exclusively, in cases such as sold-out stock of the Goods, unavailability of the Goods, force majeure, etc.,
   2. if the Buyer has not paid the Purchase Price;
   3. if the Buyer has not accepted the Goods pursuant to Art. VI point 9 of these GTC,
   4. if the Buyer does not agree with the change of the GTC pursuant to Art. XII of these GTC.

 

2. The Buyer is not entitled to withdraw from the Purchase Agreement except in the case:
   1. if the subject of the Purchase Agreement is Goods made to order, according to the Buyer’s specific requirements or specially for (one) Buyer, in which case the Buyer is entitled to withdraw from the Purchase Agreement no later than 24 hours after the conclusion of the Purchase Agreement; or
   2. as stated in point 3 below.

 

3. If the Purchase Agreement was negotiated and concluded exclusively via distance communication without the simultaneous physical presence of the Contracting Parties, then the Buyer, as a natural person – non-entrepreneur (consumer), is entitled to withdraw from the Purchase Agreement without stating a reason within 14 calendar days from the date of acceptance of the Goods or even before the start of this period, with the exception of a Purchase Agreement whose subject is Goods pursuant to Section 7(6) of the Distance Selling Act, in particular, but not exclusively, Goods which are audio recordings, video recordings, audiovisual recordings, or computer software sold in protective packaging, if the Buyer has unsealed this packaging.

 

4. Withdrawal must be notified to the Seller no later than the last day of the withdrawal period. The withdrawal period from the Purchase Agreement is preserved if the Buyer submits a written notice of exercising the right to withdraw from the Purchase Agreement together with the withdrawal form no later than the last day of the period to postal transport, or if the Buyer sends a written notice of exercising the right to withdraw from the Purchase Agreement no later than the last day of the period via the online form.

 

5. The effects of withdrawal from the Purchase Agreement occur upon delivery of the completed online form pursuant to point 4 above.

 

6. The Buyer is obliged to return to the Seller the complete Goods including complete documentation, undamaged, if possible in the original packaging and unused, no later than within 14 calendar days from the date of delivery of the withdrawal from the Purchase Agreement to the Seller. The Buyer is responsible for any reduction in the value of the Goods arising from handling of the Goods that goes beyond what is necessary to determine the characteristics and functionality of the Goods.

 

7. The Seller is obliged, within 14 calendar days from the date of delivery of the notice of withdrawal from the Purchase Agreement, to refund the Buyer the Purchase Price including postage to the Buyer’s bank account stated in the withdrawal form. This does not apply to additional costs if the Buyer chose a type of delivery of the Goods other than the cheapest ordinary delivery method offered by the Seller. The Seller is not obliged to refund the Buyer the Purchase Price before the Goods have been returned to the Seller.

 

8. If the Buyer withdraws from the Purchase Agreement and delivers to the Seller Goods that are used, damaged, or incomplete, the Buyer undertakes to pay the Seller the amount by which the value of the Goods has actually decreased.

 

9. The costs of returning the ordered Goods in the event of withdrawal from the Purchase Agreement by the Buyer are borne by the Buyer.

 

 

Article VIII

Goods complaint

 

1. The Seller undertakes to deliver the Goods in the required quality, quantity, and without defects. The Seller is liable for defects in the Goods that occur on the Goods upon their acceptance by the Buyer or that occur during the statutory warranty period.

 

2. The Buyer is entitled to file a complaint about Goods that have a defect within the statutory warranty period.

 

3. The Buyer is not entitled to claim a defect in the Goods if they knew about the defect before accepting the Goods, or were notified of it, or for that reason the Seller provided an appropriate discount from the Purchase Price of the Goods.

 

4. The Seller is not liable for a defect or damage to the Goods caused by a third party (in particular the carrier).

 

5. The Buyer is obliged to file a complaint about the Goods via the designated Complaint form. The Buyer is obliged to provide correct and truthful information in the Complaint form (in particular the IBAN through which the Seller will refund the Buyer the Purchase Price for the complained Goods). If the Complaint form is incomplete, the Seller will ask the Buyer to supplement the information.

 

6. After verifying the data about the filed complaint and verifying the validity of the warranty period, the Seller shall accept the filed complaint and is obliged to deliver to the Buyer a confirmation of the filing of the complaint without undue delay, but no later than together with the document on the handling of the complaint. The Seller will deliver the confirmation of the filing of the complaint to the Buyer to the Buyer’s e-mail stated in the Complaint form.

 

7. The Seller is obliged to handle the complaint immediately; however, in justified cases it may handle it later, but not longer than 30 days from the date the complaint is filed.

 

8. The Contracting Parties expressly agreed that if the Seller acknowledges the filed complaint, then the complaint will be handled by the Buyer withdrawing from the Purchase Agreement, and the Seller is in such case obliged to refund the Purchase Price.

 

9. The Seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date the complaint is filed, or at the latest together with the document on the handling of the complaint if the period for handling it began to run from the date of acceptance of the subject of the complaint by the Seller. The Seller will deliver the written document on the handling of the complaint to the Buyer to the Buyer’s e-mail stated in the Complaint form.

 

10. If the Buyer filed a complaint about the Goods:
    1. during the first 12 months after purchase, then the Seller is entitled to handle the complaint by rejection only on the basis of an expert assessment. Regardless of the result of the expert assessment, the Buyer cannot be required to pay the costs of the expert assessment or any other costs related to the expert assessment. The Seller is obliged to provide the Buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date the complaint is handled;
    2. after 12 months from purchase and the Seller rejected it, then the Seller is obliged to state in the document on the handling of the complaint to whom the Buyer may send the goods for expert assessment. If the Goods are sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other related reasonably incurred costs, are borne by the Seller regardless of the result of the expert assessment. If the Buyer proves the Seller’s liability for the defect by means of an expert assessment, they may file the complaint again. The Seller is obliged to reimburse the Buyer within 14 days from the date the complaint is filed again for all costs incurred for the expert assessment, as well as all related reasonably incurred costs.

 

11. The Buyer acknowledges that the Seller does not accept complained Goods sent to it cash on delivery.

 

 

Article IX

Delivery of notices

 

1. Any mutual communication between the Contracting Parties is delivered exclusively electronically to the e-mail address:
   1. Seller: info@shop.prirodzenenajlepsi.sk
   2. Buyer: the e-mail address stated in the Order.

 

2. Any document shall be deemed duly delivered to the other Contracting Party on the next business day after it is sent from the e-mail address.

 

 

Article X

Governing law and dispute resolution

 

1. These GTC are governed by generally binding legal regulations valid and effective in the territory of the Slovak Republic.

 

2. All disputes arising in connection with the GTC will be primarily resolved out of court by the Contracting Parties. The Contracting Parties are obliged to make maximum efforts to resolve disputes by mutual agreement. If the Contracting Parties do not resolve their disputes through mutual agreement, the Contracting Parties are entitled to turn to the competent general court pursuant to the relevant generally binding legal regulations of the Slovak Republic.

 

 

Article XI

Assignment and set-off

 

1. The Buyer is not entitled to assign or transfer any rights or obligations (regardless of the legal form of assignment or transfer) to a third party without the Seller’s prior written consent.

 

2. The Seller is entitled at any time to assign or transfer any rights or obligations arising (regardless of the legal form of assignment or transfer) to a third party without the Buyer’s prior written consent.

 

3. The Buyer is not entitled to unilaterally set off any claim without the Seller’s prior written consent.

 

4. The Seller is entitled to unilaterally set off any claim against the Buyer, including those that cannot be asserted in court or that cannot be affected by enforcement of a decision, or that cannot be recovered. The Seller is also entitled to unilaterally set off a claim that is not yet due against a due claim of the Buyer.

 

 

Article XII

Changes to the GTC

 

1. The Seller reserves the right to unilaterally change these GTC at any time during their validity, and is obliged to always send the Buyer and apply the currently valid wording of the GTC. The change becomes effective upon expiry of a 10-day period after the day on which the notice of change was delivered to the Buyer. Upon entry into force and effect of the new GTC, the original GTC cease to be valid and effective.

 

2. If the Buyer does not agree with the change to the GTC, they are obliged to notify the Seller of this fact in writing no later than the effective date of the new GTC. In the event of the Buyer’s disagreement with the change to the GTC pursuant to the first sentence, the Seller is entitled to withdraw from the Purchase Agreement. If the Buyer does not deliver to the Seller their disagreement with the change within the period pursuant to this point of the GTC in accordance with the previous sentence, it is deemed that they agree with the change and the mutual relations of the Seller and the Buyer are governed by the new amended GTC from the effective date of the change.

 

 

Article XIII

Personal data protection

 

1. In connection with the formation and performance of the Purchase Agreement as well as other related activities pursuant to these GTC, personal data of data subjects are processed, in particular but not exclusively Buyers or persons representing the Buyer. For this reason, the Seller has prepared a notice on the processing of personal data, the subject of which is more detailed information pursuant to Articles 13 and 14 GDPR and Sections 19 and 20 of the Personal Data Protection Act.

 

2. The Contracting Parties agreed that if the Buyer is not the data subject, then they are obliged to ensure the mediation of information and to inform all data subjects acting on their side about the content of the notice on the processing of personal data prepared by the Seller.

 

3. More information on the processing of personal data is available in the section Notice on the processing of personal data.

 

 

Article XIV

Final provisions

 

1. The GTC enter into force and effect on 06.2024 and are continuously published on the E-shop.

 

2. Legal relations not regulated by these GTC, which arose by concluding the Purchase Agreement between the Seller and the Buyer as a natural person – non-entrepreneur (consumer), are governed in particular by the Civil Code and other related legal regulations. Legal relations between the Seller and the Buyer as a legal entity or a natural person - entrepreneur are governed in particular by the Commercial Code and other related legal regulations.

 

3. By submitting the Order, the Buyer confirms that they have duly familiarized themselves in advance with these GTC, including their annexes, understood their content, unconditionally agree to them, and accept them.

 

4. If the Buyer as a natural person – non-entrepreneur (consumer) is not satisfied with the manner in which the Seller handled their complaint or if they believe that the Seller violated their rights, they have the option to contact the Seller with a request for remedy. If the Seller responds to the request for remedy negatively or does not respond to it within 30 days from the date of its sending, the Buyer has the right pursuant to Section 12 of the Act on Alternative Dispute Resolution of Consumer Disputes to submit a proposal to initiate alternative dispute resolution of their dispute. The competent entity for alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection (soi.sk) or another relevant authorized legal entity entered in the list of alternative dispute resolution entities kept by the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1), and the Buyer has the right to choose which of the listed alternative dispute resolution entities they will contact. The Buyer may also use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution of their dispute. Information on fees for a proposal can be found by the Buyer on the websites of the specific alternative dispute resolution entity.

 

5. The Buyer is entitled to submit suggestions and complaints in writing, namely via e-mail to: info@merch.sk. The Seller informs the Buyer about the assessment of the suggestion or complaint by e-mail sent to the Buyer’s e-mail. The supervisory authority is the Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region, with its registered office at: Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, tel. no. 02/58 27 21 72, 02/58 27 21 04.

 

6. The provisions of the Purchase Agreement take precedence over the provisions of these GTC.