General terms and conditions
The operator of the online store (hereinafter also “e-shop” or “online store”) located on the domain www.conceptcoffee.sk (hereinafter referred to as the “internet domain”) is:
Heavy Soul s.r.o.
registered office: Mierová 16, Piešťany 921 01
entry: Business Register of the Trnava District Court, section Ltd., insert no. 35424/T
ID: 48 053 511
e-mail: eshop@conceptcoffee.sk
phone number: +421 949 205 711
(hereinafter referred to as “the company”)
Supervisory authorities: SOI Inspectorate for Trnava Region, Pekárska 23, 917 01 Trnava
Department of Supervision, tel. no. 033/321 25 27, https://www.soi.sk/sk/Kontakt.soi (according to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection)
Article I
Basic terms
Seller – a company that, when concluding and fulfilling a purchase contract, acts within the scope of its business activity in its own name, on its own account, and which sells goods through the e-shop.
Consumer – a natural person who purchases goods through an online store, and who, when concluding and fulfilling the purchase contract, does not act within the scope of his business activity or other business activity.
Product – product or service offered through the e-shop.
Order – an act of the consumer carried out through the e-shop, which expresses the consumer’s will to purchase goods in the e-shop.
Price – the total price stated in the order, especially the price for all the goods ordered by the consumer and listed in the order, as well as VAT or other taxes, fees, including the cost of transport. or handling of the goods (delivery, etc.), if it is included in the shipping price, including postage and other costs and fees.
GTC – these general terms and conditions.
Article II
General institutions
These general terms and conditions regulate:
the process of purchasing goods by consumers through the e-shop;
conditions of sale and purchase of goods through the seller’s e-shop;
the rights and obligations of the contractual parties, the seller and the consumer, resulting from the purchase contract concluded between these parties, the subject of which is the purchase and sale of goods through the seller’s e-shop.
Article III
Order and conclusion of contract
The consumer orders goods from the seller through an e-shop operated on the internet domain www.conceptcoffee.sk.
The description of the goods, their properties, their availability in stock and their price are listed with the individual items of the goods offered in the e-shop. All images of goods in the e-shop are of an informative nature only.
Purchase of goods in the e-shop is possible for registered consumers or consumers without registration. By registering, the consumer provides registration data, which the seller will use only for the purpose of clearly identifying the consumer when processing the order and delivering the ordered goods.
By registering, the consumer gains access to his account (hereinafter referred to as the “consumer account”). The consumer’s account allows tracking the history of orders and completed purchases, as well as other functionality provided by the e-shop.
After pressing the “Add to cart” button or the button with the shopping cart symbol next to the product, the product item is added to the consumer’s shopping cart. The consumer’s shopping cart is available for viewing and making changes to the order items at any time during the creation of the order. Until the order is completed and confirmed, the content of the basket is only informative.
During the purchase process, the consumer chooses the method of payment of the price of the goods and the method of transporting the goods according to the options offered by the seller. The price for transport according to the chosen mode of transport is added to the prices for individual goods, if the seller allows the goods to be transported in several ways. Unless the transport price is paid by the consumer, i.e. j. the consumer is entitled to a discount on the shipping price, this fact is indicated in the final control of the order, while the consumer is informed about the shipping price or a discount on the shipping price during the purchase process.
The consumer completes and confirms the order by pressing the “Order with payment obligation” button. Before shipping, the consumer has a link to these General Terms and Conditions, and by confirming and sending the order, he confirms familiarity with these General Terms and Conditions.
By sending the order, the consumer confirms that he had the opportunity to familiarize himself with:
characteristics of goods;
of the total price that he is obliged to pay to the seller.
After sending the order, it is registered in the e-shop system and at the same time the seller sends to the consumer’s e-mail address:
order confirmation with information about the ordered goods;
instructing the consumer about exercising the right to withdraw from the contract, including the form for exercising this right;
reference to the wording of the GTC that is valid and effective at the time the order is created by the consumer;
link to the seller’s complaint procedure.
By delivering the confirmation of receipt of the order according to point 9 of this article of the General Terms and Conditions together with other documents to the consumer, the contract for the purchase of goods is considered concluded.
Article IV
Terms of payment
All of them
the prices of the goods in the order and in the e-shop are listed including VAT and any other taxes.
The shipping fee will be added to the price, if the consumer has chosen the method of delivery by a delivery intermediary and if the value of the ordered goods does not exceed the value set by the seller, in which case the shipping cost is borne by the seller. Information on the payment of the transport fee by the seller is given in the order. The value of the order with the cost of shipping is indicated during the entire purchase process. The shipping price is determined according to the valid price list of the delivery intermediary.
The price according to the order can be paid by the consumer:
payment card;
payment gateway;
by bank transfer or deposit to the seller’s account on the basis of an advance invoice issued by the seller;
cash on delivery (payment to the delivery intermediary when taking over the goods);
when taking over the goods from the seller in cash.
The seller reserves the right to temporarily or permanently limit payment methods for technical reasons, due to obstacles on the part of the seller or the intermediary of these services, or due to force majeure.
The seller does not charge a fee for paying the price. The seller warns the consumer that the intermediary of the payment of the price may charge a fee for the payment (bank fees for the transfer, etc.).
Payment means the moment the price is credited to the seller’s bank account or the moment the payment intermediary confirms its realization.
Article V
Terms of Delivery
The seller enables the following methods of delivery of goods to the consumer:
personal collection (personal collection),
delivery intermediary (courier, post office).
The seller undertakes to deliver the ordered goods to the consumer within a reasonable period of time (hereinafter referred to as the “delivery period”). Deliveries of goods whose order has been confirmed by the seller will be carried out according to the seller’s operational capabilities, usually within 7 working days from the start of the delivery process. The seller will start the process of delivering the goods to the consumer at the moment of binding confirmation of the order and payment of the price of the goods, if the consumer has chosen the method of payment by payment card, payment gateway or bank transfer or deposit to the seller’s account. If the consumer has chosen the method of payment by cash on delivery or upon personal collection of the goods at the seller’s place, the seller will start the process of delivering the goods to the consumer at the moment of binding confirmation of the order. In exceptional cases, the seller can unilaterally extend the delivery period, even repeatedly. The seller reserves the right to extend the delivery period, especially in cases of force majeure or in cases where it is impossible for objective reasons to deliver the goods within the usual delivery period. In the event of a change in the delivery period, the seller informs the consumer about this fact via an electronic message (e-mail) or SMS message. The consumer is informed about the dispatch of the goods or their preparation for personal collection via an electronic message (e-mail) or SMS message.
The seller reserves the right to reject the order or part of it and/or to withdraw from the contract for the purchase of goods in its entirety or with regard to part of it due to the sold-out of goods stocks, its unavailability or if the manufacturer has interrupted production or made such serious changes that made it impossible to fulfill the seller’s obligations resulting from the consumer’s order, or for reasons of force majeure; or if, even after making all the efforts that can be fairly demanded from the seller, he is not able to deliver the goods to the consumer within the period determined by these GTC or at the price stated in the order. If the seller rejects the order or part of it and/or withdraws from the contract for the purchase of goods in its entirety or with respect to part of it, he is obliged to inform the consumer of this fact immediately and return the price paid for the goods to him within 14 days, if the seller and the consumer do not agree on substitute performance. In the case of substitute performance, the seller is obliged to deliver goods of the same quality and price to the consumer.
If the consumer orders more pieces of goods than the currently available amount of these goods in the seller’s warehouse, the e-shop will allow you to create an order. After sending the order, the consumer will be informed about the availability of the goods and can decide for immediate partial delivery of the goods that are available in stock, or for the delivery of the total ordered quantity of goods at the time of their availability.
If the selected method of transport is a delivery intermediary, the seller will deliver the ordered goods to the consumer at the address that the consumer specified as the delivery address in the order. The delivery of the goods does not include installation or other operations (e.g. unloading the goods, etc.). The consumer is obliged to take over the goods at the place of delivery in person or to ensure that the goods are taken over by a person whom he authorizes in case of his absence to take over the goods. The person authorized to take over the goods is obliged to submit the original written authorization to the seller or the delivery intermediary.
The consumer is obliged to check the delivered goods and
as well as its packaging immediately upon delivery. In the event that the consumer discovers that the goods or the packaging of the goods is mechanically damaged, he is obliged to report this fact to the delivery intermediary with a demonstrable entry on the delivery confirmation and to check the condition of the goods in the shipment in his presence. In the event of damage to the goods, the consumer is obliged to make a record of the extent and nature of the damage to the goods on the delivery documents, the correctness of which will be confirmed by the carrier. On the basis of the record thus prepared and delivered to the seller, the seller can subsequently provide the removal of defects in the goods, a discount on the goods or, in the case of irreparable defects in the goods, supply the consumer with new goods. The seller is not responsible for damage to the goods caused by the carrier or the consumer.
The consumer is obliged to confirm with his signature, or the signature of an authorized person, when taking over the ordered goods, to the seller, or acceptance of the goods to the carrier on the delivery note.
If the consumer chooses personal collection as the delivery method, the goods are ready for collection by the seller after sending a notice about the possibility of collection in the warehouse, or at the store.
Article VI
Instruction on the consumer’s right to withdraw from the contract
The consumer has the right to withdraw from the contract for the purchase of goods without giving a reason within 14 days from the date:
when the consumer or a third party designated by him, with the exception of the carrier, takes over the goods;
when the consumer or a third party designated by him, with the exception of the carrier, takes over the goods that were delivered last, if the goods ordered in one order are delivered separately (sequentially).
The consumer may withdraw from the purchase contract even before the expiry of the period for withdrawing from the contract in accordance with the previous point.
When exercising the right to withdraw from the contract, the consumer informs about his decision to withdraw from this contract by a clear declaration of the seller in written form or in the form of a record on another durable medium; if the contract was concluded orally, to exercise the consumer’s right to withdraw from the contract, any clearly worded statement by the consumer expressing his will to withdraw from the contract is sufficient. For this purpose, the consumer can use the sample form for withdrawal from the contract, which was sent to him together with the order confirmation and which is as well as an attachment to these General Terms and Conditions.
The withdrawal period is preserved if you send the consumer a notice of the exercise of the right to withdraw from the contract no later than the last day of the withdrawal period.
After withdrawal from the contract, all payments made by the consumer in connection with the conclusion of the contract, especially the price of the goods, including the costs of transport, delivery and postage and other costs and fees, will be returned to the consumer. This does not apply to additional costs if the consumer has chosen a different type of delivery than the cheapest common delivery method offered by the seller. Additional costs mean the difference between the cost of delivery chosen by the consumer and the cost of the cheapest common delivery method offered by the seller. Payments will be returned to the consumer without undue delay, at the latest within 14 days from the date on which the notice of withdrawal from the contract is delivered to the seller. Their payment will be made in the same way that the consumer used for payment, if the consumer did not expressly agree to another payment method, without charging any additional fees.
Payment for the goods will be paid to the consumer only after the returned goods have been delivered back to the seller’s address or upon presentation of a document proving the return of the goods, whichever occurs first. The consumer sends the goods back or brings them to the seller’s address no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be preserved if the goods are sent back before the expiry of the 14-day period. The direct costs of returning the goods are borne by the consumer.
The consumer is only responsible for any reduction in the value of the goods as a result of handling them in a way other than what is necessary to determine the properties and functionality of the goods.
When withdrawing from the contract, the consumer bears the costs of returning the goods to the seller or to a person authorized by the seller to take over the goods.
The consumer cannot withdraw from the contract to which he is subject
the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,
sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
sale of goods that are subject to rapid deterioration or deterioration,
sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons, and which
orého’s protective packaging was broken after delivery,
sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery.
Article VII
Acquisition of ownership and passing of the risk of damage to the goods
The consumer acquires ownership of the goods only after full payment of the full price.
The risk of damage to the goods passes to the consumer at the time when he takes over the goods from the seller or from the form delivery intermediary (courier) or when he does not do so in time, then at the time when the seller allows him to handle the goods and the consumer does not take over the goods.
Article VIII
Alternative dispute resolution
If the consumer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the right to contact the seller with a request for correction by e-mail at info@com. If the seller considers the consumer’s request negative or does not respond to it within 30 days of sending it, the consumer has the right to submit a proposal to initiate an alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the “ARS entity”) pursuant to Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws as amended (hereinafter referred to as the “ARS Act”). ARS subjects are authorities and authorized legal entities according to § 3 of the ARS Act, the list of which is kept by the relevant state authority (“http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1 /list-of-subjects-of-alternative-resolution-of-consumer-disputes”). The proposal can be submitted by the consumer according to § 12 of the Act on ARS.
The consumer can also file a complaint through the RSO alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
Alternative dispute resolution applies only to a dispute between a consumer and a seller, resulting from a consumer contract or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed €20. The ARS entity can demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of €5 including VAT.
Article IX
Final provisions
The consumer declares that he has familiarized himself with these GTC and undertakes to comply with them.
The seller reserves the right to change these GTC. GTC or their changes are valid and effective from the date of their publication on the seller’s website.
