I. General Provisions

1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are in accordance with the provisions of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and on the Amendment to Act of the Slovak National Council No. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on the Protection of Consumers in the Sale of Goods or the Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller's Business Premises and on Amendments to Certain Acts (hereinafter referred to as the "Act on Consumer Protection in Distance Selling")

OATKICK, s.r.o. (first and last name / company name)

2. These Terms and Conditions govern the mutual rights and obligations between the Seller and the natural person who enters into a purchase agreement (hereinafter referred to as the "Buyer") via the web interface located on the website available at the internet address www.oatkick.sk (hereinafter referred to as the "Online Store").

3. The provisions of these Terms and Conditions are an integral part of the purchase agreement. Any differing provisions in the purchase agreement take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase agreement are concluded in the Slovak language.

 

II. Information on Goods and Prices

1. Information about the goods, including the prices of individual items and their main characteristics, is provided for each item in the online store's catalog. Product prices are listed inclusive of value-added tax, all related fees, and return shipping costs, unless the product, by its nature, cannot be returned by mail. Product prices remain valid for as long as they are displayed in the online store.

2. All product presentations in the online store catalog are for informational purposes only, and the seller is not obligated to enter into a purchase agreement regarding these products.

3. Information regarding the costs associated with packaging and delivery of goods is published in the online store. The information regarding the costs associated with packaging and delivery of goods listed in the online store applies only when the goods are delivered within the territory of the Slovak Republic.

4. Any discounts on the purchase price of the goods cannot be combined unless the seller and the buyer agree otherwise.

 

III. Order and Conclusion of the Purchase Agreement

1. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer. These costs do not differ from the standard rate.

2. The buyer places an order for goods in the following ways:

• through their customer account, after prior registration in the online store,
• by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the quantity of goods, and the method of payment and delivery.

4. Before submitting the order, the buyer is allowed to review and modify the information entered into the order. The buyer submits the order to the seller by clicking the "Submit Order with Obligation to Pay" button. The information provided in the order is considered correct by the seller. A condition for the validity of the order is the completion of all required fields in the order form and the buyer's confirmation that they have read these terms and conditions.

5. Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt to the email address provided by the buyer at the time of ordering. This confirmation is automatic and does not constitute the conclusion of a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. Notification of order acceptance is sent to the buyer's email address. / Immediately upon receiving the order, the seller will send the buyer a confirmation of order receipt to the email address provided by the buyer at the time of ordering. This confirmation is considered the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded upon the seller's confirmation of the order to the buyer's email address.

6. If the seller is unable to fulfill any of the requirements specified in the order, the seller will send the buyer a revised offer to the buyer's email address. The amended offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded upon the buyer's confirmation of acceptance of this offer to the seller at the email address specified in these terms and conditions.

7. All orders received by the seller are binding. The buyer may cancel the order until the buyer receives notification of the seller's acceptance of the order. The buyer may cancel the order by phone at the seller's phone number or via email to the seller's email address specified in these terms and conditions.

8. In the event of an obvious technical error on the part of the seller when listing the price of the goods in the online store, or during the ordering process, the seller is not obligated to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has received an automatic confirmation of order receipt in accordance with these Terms and Conditions. The seller shall inform the buyer of the error without undue delay and send the buyer a revised offer to their email address. The revised offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded upon the buyer's confirmation of receipt sent to the seller's email address.

 

IV. Customer Account

1. Upon registering in the online store, the buyer may access their customer account. From their customer account, the buyer may place orders for goods. The buyer may also order goods without registering.

2. When registering for a customer account and when ordering goods, the buyer is required to provide all information accurately and truthfully. The buyer is required to update the information in the user account in the event of any changes. The information provided by the buyer in the customer account and when ordering goods is considered accurate by the seller.

3. Access to the customer account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary to access their customer account. The seller is not liable for any misuse of the customer account by third parties.

4. The Buyer is not authorized to allow third parties to use the customer account.

5. The Seller may cancel the user account, particularly if the Buyer has not used their user account for an extended period or if the Buyer breaches their obligations under the purchase agreement or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, particularly with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third parties' hardware and software equipment.

 

V. Payment Terms and Delivery of Goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:

• by credit card,
• by bank transfer to the seller's account via the GoPay payment gateway
• cash on delivery or by card upon delivery of the goods,
• in cash or by payment card upon personal pickup at the store.

2. In addition to the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price is understood to include the costs associated with delivery of the goods.

3. In the case of cash payment, the purchase price is due upon receipt of the goods.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled upon the crediting of the relevant amount to the seller's bank account.

6. The seller does not require any advance deposit or other similar payment from the buyer. Payment of the purchase price prior to shipment of the goods does not constitute an advance deposit.

7. Pursuant to the Sales Records Act, the seller is required to issue a receipt to the buyer. The seller is also required to report the received sales to the tax authority online; in the event of a technical failure, this must be done within 48 hours at the latest.

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• by personal pickup at the seller's premises

9. The delivery method is selected during the ordering process.

10. The costs of delivery, depending on the method of shipment and receipt of the goods, are specified in the buyer's order and in the seller's order confirmation. If the method of transport is agreed upon based on a specific request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If the seller is obligated under the purchase agreement to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery. If, for reasons attributable to the buyer, it is necessary to deliver the goods repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.

12. Upon accepting the goods from the carrier, the buyer is obligated to check that the packaging is intact and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier.

13. The seller will issue a tax document—an invoice—to the buyer. The tax document is sent to the buyer's email address or is included with the delivered goods.

14. The buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the buyer upon receipt of the goods or upon the moment when the buyer was obligated to take delivery of the goods but failed to do so in violation of the purchase agreement.

 

VI. Withdrawal from the Contract

1. A buyer who has entered into a purchase agreement outside the scope of their business activities as a consumer has the right to withdraw from the purchase agreement.

 

2. If the sales contract is concluded remotely (via an online store) or outside the seller's business premises, and provided that the seller has timely and properly provided the buyer with information regarding the right to withdraw from the sales contract, the conditions, the time limit, and the procedure for exercising the right to withdraw from the purchase contract, including the withdrawal form (in accordance with the provisions of Section 3(1)(h) of the Act on Consumer Protection in Distance Selling) and provided that the conditions required by law are met, the buyer has the right under the Act on Consumer Protection in Distance Selling to withdraw from the purchase contract without giving a reason and without any penalty.

3. The deadline for withdrawing from the contract is 14 days

• from the moment of receipt of the last item delivered, if the subject of the purchase contract is ordered goods delivered separately
• from the moment of receipt of the last part or the last item, if the subject of the sales contract is several types of goods or the delivery of several parts,
• upon receipt of the first delivered item, if the subject of the purchase contract is goods delivered over a specified period.

4. The buyer acknowledges that, in accordance with the provisions of Section 7(6) of the Consumer Protection Act on Distance Selling, the buyer may not, among other things, withdraw from the purchase contract:

• the provision of a service, if the provision of the service has begun with the consumer's express consent and the consumer has declared that they were duly informed that by expressing this consent they lose the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
• the sale of goods or the provision of a service whose price depends on fluctuations in the financial market over which the seller has no control and which may occur during the withdrawal period,
• the sale of goods made to the consumer's specific requirements, custom-made goods, or goods intended specifically for a single consumer,
• the sale of goods that are subject to rapid deterioration or spoilage,
• the sale of goods sealed in protective packaging that cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
• the sale of goods which, by their nature, are inseparably mixed with other goods after delivery,
• the sale of alcoholic beverages whose price was agreed upon at the time the contract was concluded, where delivery can be made no sooner than 30
• days and their price depends on market price fluctuations that the seller cannot influence,
• the performance of urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they were concluded during a visit by the seller to the consumer and the consumer did not order these services or goods in advance,
• the sale of sound recordings, video recordings, audiovisual recordings, books, or computer software sold in protective packaging, if the consumer has unsealed such packaging,
• the sale of periodicals, with the exception of sales based on a subscription agreement, and the sale of books not supplied in sealed packaging,
• the provision of accommodation services for purposes other than accommodation, the transport of goods, car rental, the provision of catering services, or the provision of services related to leisure activities, under which the seller undertakes to provide these services at an agreed time or within an agreed period,
• the provision of electronic content other than on a tangible medium, if such provision began with the consumer's express consent and the consumer declared that they had been properly informed that by giving this consent, they lose the right to withdraw from the contract.

5. To comply with the withdrawal period, the buyer must send any unambiguous statement expressing their intention to withdraw from the purchase contract within the time limit specified in Section 3 of Article VI of these Terms and Conditions. 6. To withdraw from the purchase agreement, the buyer may use the model withdrawal form provided by the seller. The buyer shall send the notice of withdrawal to the seller's email or mailing address specified in these Terms and Conditions. The seller shall immediately confirm receipt of the form to the buyer.

7. A buyer who has withdrawn from the purchase agreement is required to return the goods to the seller within 14 days of withdrawing from the purchase agreement. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by mail due to their nature.

8. If the buyer withdraws from the purchase agreement, the seller shall immediately, but no later than 14 days from the withdrawal from the purchase agreement, refund all funds received from the buyer, including delivery costs, using the same method of payment. The seller shall refund the funds received to the buyer by a different method only if the buyer agrees to it and if this does not incur additional costs for the buyer.

9. If the buyer has chosen a delivery method other than the cheapest one offered by the seller, the seller shall refund the buyer the delivery costs in an amount corresponding to the cheapest delivery method offered.

10. If the buyer withdraws from the purchase contract, the seller is not obligated to refund the funds received to the buyer until the buyer has handed over the goods to the seller or provided proof that the goods have been shipped to the seller.

11. The buyer must return the goods to the seller undamaged, unused, and unsoiled, and, if possible, in the original packaging. The seller is entitled to unilaterally set off any claim for damages incurred to the goods against the buyer's claim for a refund of the purchase price.

12. The seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of the goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The seller shall immediately notify the buyer via the email address provided in the order and shall refund, within 14 days of notification of withdrawal from the purchase agreement, all funds, including delivery costs, received from the buyer under the agreement, in the same manner or, if applicable, in the manner specified by the buyer.

 

VII. Rights Arising from Defective Performance

1. The seller is liable to the buyer that the goods are free from defects upon delivery. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

• the goods have the characteristics agreed upon by the parties, and in the absence of such an agreement, have the characteristics described by the seller or manufacturer or which the buyer expected given the nature of the goods and based on the advertising conducted by them,
• the goods are fit for the purpose stated by the seller for their use or for which goods of the same type are normally used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined based on an agreed sample or model,
• the goods are in the appropriate quantity, measure, or weight, and
• the goods comply with legal requirements.

2. The seller's liability for defective performance extends at least to the extent of the manufacturer's liability for defective performance. Otherwise, the buyer is entitled to assert a claim for a defect that occurs in consumer goods within twenty-four months of receipt.

3. If the period during which the goods may be used is specified on the goods themselves, on their packaging, in the instructions accompanying the goods, or in advertising, in accordance with other legal regulations, the provisions regarding the quality guarantee shall apply. By providing a quality guarantee, the seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual characteristics. If the buyer justifiably notifies the seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the duration during which the buyer cannot use the defective goods.

4. The provisions set forth in the preceding paragraph of these Terms and Conditions shall not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed upon, to wear and tear of the goods caused by their normal use, to used goods with defects corresponding to the degree of use, or wear and tear that the goods had at the time of acceptance by the buyer, or if it results from the nature of the goods. The buyer is not entitled to rights arising from defective performance if, prior to accepting the goods, the buyer knew that the goods had a defect, or if the buyer caused the defect themselves.

5. In the event of a defect, the buyer may file a complaint with the seller and request:

• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.

6. The buyer has the right to withdraw from the contract,

• if the goods have a material defect,
• if they cannot use the item properly due to the recurrence of a defect or defects after repair,
• in the event of a significant number of defects in the goods.

7. A material breach of the sales contract is one of which the breaching party was aware or should have been aware at the time of concluding the contract, and which the other party would not have entered into the contract had they foreseen such a breach.

8. In the case of a defect constituting a minor breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

9. If a remediable defect recurs after repair (typically the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (generally at least three defects simultaneously), the buyer has the right to request a discount on the purchase price, exchange the goods, or withdraw from the contract.

10. When filing a complaint, the buyer is required to notify the seller of the option chosen. Changing this choice without the seller's consent is possible only if the buyer requested repair of a defect that proves to be irreparable. If the buyer does not exercise their right arising from a material breach of contract in a timely manner, they have the same rights as in the case of a minor breach of contract.

11. If repair or replacement of the goods is not possible, the buyer may, upon withdrawal from the contract, demand a full refund of the purchase price.

12. If the seller proves that the buyer was aware of the defect in the goods prior to acceptance or caused the defect themselves, the seller is not obligated to comply with the buyer's claim.

13. The buyer may not file a complaint regarding discounted goods for the reason for which the goods are discounted.

14. The seller is obligated to accept a complaint at any location where complaint acceptance is possible, or at the seller's headquarters or place of business. The seller is obligated to provide the buyer with written confirmation of when the buyer exercised their right, the content of the complaint, and the method of resolution requested by the buyer, as well as confirmation of the date and method of resolving the complaint, including confirmation of the repair and its duration, or, if applicable, a written justification for the rejection of the complaint.

15. The seller or an employee authorized by the seller shall decide on the complaint immediately; in complex cases, within three business days. This period does not include the time reasonably required, depending on the type of product or service, for a professional assessment of the defect. The complaint, including the rectification of the defect, must be resolved without delay, no later than 30 days from the date the complaint was filed, unless the seller and the buyer agree on a longer period. The fruitless expiration of this period is considered a material breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment the complaint is filed is considered to be the moment when the buyer's expression of intent (exercise of the right arising from defective performance) is communicated to the seller.

16. The seller shall inform the buyer in writing of the outcome of the complaint.

17. The buyer is not entitled to rights arising from defective performance if the buyer knew that the item was defective prior to taking delivery, or if the buyer caused the defect themselves.

18. In the event of a valid complaint, the buyer is entitled to reimbursement of reasonable costs incurred in connection with the complaint. The buyer may exercise this right with the seller within one month after the expiration of the warranty period; otherwise, the court may not grant it.

19. The buyer may choose the method of filing a complaint. 20. Further rights and obligations of the parties regarding the seller's liability for defects are governed by the seller's complaint policy.

 

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via email.

2. The buyer shall send correspondence to the seller at the email address specified in these terms and conditions. The seller shall send correspondence to the buyer at the email address specified in the buyer's customer account or in the order.

 

IX. Personal Data

 

1. All information you provide during our cooperation is confidential and will be treated as such. Unless you provide us with written consent, we will not use your data for any purpose other than the performance of the contract, except for the email address to which commercial communications may be sent, as this practice is permitted by law unless you opt out. These communications may only concern similar or related goods and can be easily unsubscribed from at any time (by sending a letter, email, or clicking on a link in the commercial communication). The email address will be retained for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.

2. For more detailed information on personal data protection, please see the Privacy Policy HERE.

 

X. Alternative Dispute Resolution

1. The Slovak Trade Inspection Authority, with its registered office at P.O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, website: https://www.soi.sk/sk, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from a sales contract.

2. The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212, Slovak Republic, website: http://www.evropskyspotrebitel.sk, is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes, which supplements Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution for Consumer Disputes).

3. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the competent trade licensing office within its jurisdiction. The Slovak Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act and the Act on Consumer Protection in Distance Selling within a defined scope.

 

XI. Final Provision

1. All agreements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the laws of the Slovak Republic. This does not affect the consumer's rights arising from generally binding legal regulations.

2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 3(1)(n) of the Act on Consumer Protection in Distance Selling.

3. All rights to the Seller's website, in particular copyrights to the content, including the page layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller's consent.

4. The Seller shall not be liable for errors arising from third-party interference with the online store or from its use contrary to its intended purpose. When using the online store, the Buyer must not employ procedures that could negatively impact its operation and must not perform any activity that could enable the buyer or third parties to unlawfully interfere with or unlawfully use the software or other components constituting the online store, or to use the online store, its parts, or the software in a manner contrary to its intended purpose.

5. The purchase agreement, including the terms and conditions, is archived by the seller.

6. The seller may amend or supplement the text of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

7. A sample withdrawal form is attached to these Terms and Conditions.

  

These Terms and Conditions take effect on December 1, 2021.