Terms and conditions
General Terms and Conditions
- Introductory Provisions
1.1 These General Terms and Conditions (hereinafter the "Terms and Conditions") govern the mutual rights and obligations of CHEMOSVIT FOLIE, s.r.o., registered office: Štúrova 101, 059 21 Svit, Company ID No.: 31 719 724, registered in the Commercial Register of the District Court Prešov, Section: Sro, Insert No.: 38880/P, e-mail: vos@chemosvit.sk and telephone number: 052/715 2882, as the trader (hereinafter the "Seller") and any person who purchases goods for personal consumption and not for business purposes (hereinafter the "Buyer"), arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer (hereinafter the "Parties") through the online store at www.svitbags.sk, i.e. on the basis of a distance contract (hereinafter the "Purchase Contract").
1.2 The Terms and Conditions form an integral part of the Purchase Contract. Unless a different arrangement is expressly stated in the Purchase Contract or in its annexes, or unless the validity of certain provisions of these Terms and Conditions is excluded or otherwise modified by the Purchase Contract or by another express arrangement between the Seller and the Buyer, these Terms and Conditions shall otherwise apply to the mutual relationships of the Parties.
1.3 Legal relationships between the Seller and the Buyer that are not expressly regulated shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 108/2024 Coll. on Consumer Protection and amending certain acts (hereinafter the "Consumer Protection Act").
- Order and Conclusion of the Purchase Contract
2.1 The Buyer orders goods (also referred to as an "item") by completing the electronic order form on the Seller's website.
2.2 The Buyer shall complete all required information stated in the electronic order form (also referred to as the "Order").
2.3 The Buyer shall submit the completed electronic order form to the Seller, whereby the Order shall be deemed submitted if it is delivered to the Seller and contains all required information. The submitted Order shall be deemed a proposal to conclude the Purchase Contract. After submission, the Order shall be processed by the Seller and a confirmation by the Seller of receipt of the Order shall be delivered to the e-mail address provided by the Buyer. Upon delivery of the confirmation of receipt of the Order, which the Seller sends to the Buyer to the e-mail address provided by the Buyer, the Purchase Contract shall be deemed concluded.
2.4 By submitting the Order electronically to the Seller, the Buyer confirms that he/she has read these Terms and Conditions of the Seller and agrees with them in full, and that he/she has been informed that the Order includes an obligation to pay the purchase price.
2.5 Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (e.g. internet connection costs) shall be borne by the Buyer.
2.6. The Purchase Contract may be concluded only by a person over 18 years of age.
- Method of Transport
3.1 Unless otherwise stated in the Purchase Contract, the method of delivery of the goods shall be determined by the Buyer, who is obliged to reimburse the Seller for the costs of the selected method of transport.
3.2 The Seller undertakes to inform the Buyer of the dispatch of the goods at the e-mail address provided by the Buyer.
3.3 Dispatch of the ordered goods means their dispatch to the address provided by the Buyer in the Order. The Seller reserves the right to add the costs of sending the goods to the Buyer to the Order amount according to the current price list of the carrier.
3.4 If the Buyer requests that the goods be sent abroad, the Seller reserves the right to add to the transport price the costs of transport abroad, of which the Seller shall notify the Buyer in advance.
- Purchase Price and Method of Payment
4.1 The purchase price, which the Buyer undertakes to pay to the Seller, consists of the price of the goods, the costs of transport, delivery, postage and other costs and fees. The Seller informs the Buyer that additional costs and fees may be included in the purchase price if such costs and fees cannot be determined in advance.
4.2 The Seller offers the following methods of payment: payment card, bank transfer to the Seller's bank account, or cash on delivery upon receipt of the goods from the carrier.
4.3 If payment by payment card via the internet is selected, the Buyer shall, after completing the Order, be redirected to a third-party payment server (as selected by the Seller), where the Buyer shall complete the required payment details. After their validity is verified, the Order shall be confirmed and the amount corresponding to the purchase price shall be debited from the Buyer's account.
4.4 In the case of cash on delivery, the Seller reserves the right to add the costs of handling cash on delivery to the Order amount according to the current price list of the carrier.
4.5 The prices of goods are stated including value added tax (hereinafter "VAT"), unless the price expressly states that it is stated excluding VAT.
4.6 The Seller reserves the right to provide the Buyer with various discounts or promotions relating to the purchase price or its individual parts (e.g. transport), provided that the conditions set by the Seller are met (e.g. a specified Order value).
- Rights and Obligations Arising from the Concluded Purchase Contract
5.1 The Seller is obliged to hand over the ordered goods to the Buyer for the agreed price, and the Buyer is obliged to take over the goods and pay the purchase price under Clause 4.1 to the Seller.
5.2 In the event of a breach by the Buyer of the terms of the Purchase Contract or the Terms and Conditions, the Seller reserves the right to withdraw from the Purchase Contract. In such case, the Buyer shall be obliged to reimburse the Seller for all costs related to the Buyer's Order, in particular the costs of sending the goods, if the Buyer does not take them over.
5.3 The Buyer is obliged to provide correct and truthful information when ordering goods. The information provided by the Buyer that is necessary for the conclusion of the Purchase Contract shall be deemed correct by the Seller.
5.4 All notices of the Seller in any way relating to the Order or the Purchase Contract may be delivered to the Buyer to the e-mail address provided by the Buyer.
- Delivery of Goods
6.1 Delivery Period
6.1.1 The Seller undertakes to dispatch the goods to the Buyer at the earliest possible time. The Seller undertakes to deliver the goods to the Buyer within ten days from the crediting of the purchase price for the goods to the Seller's account. In the case of payment by cash on delivery, the Seller undertakes to deliver the goods to the Buyer within ten days from the date of conclusion of the contract by the Parties. The delivery period, where stated for the goods, is for information purposes only and shall be specified by the Seller in the order acceptance.
6.1.2 The Seller shall not be liable for damage caused by delay in the dispatch or delivery of the goods for any reason.
6.2 Transport, Delivery and Takeover of Goods
6.2.1 The Buyer acquires ownership title to the purchased goods at the moment of their delivery. At the moment of delivery of the goods, the risk of accidental destruction, accidental deterioration and loss of the item shall also pass to the Buyer.
6.2.2 The Seller shall deliver to the Buyer a proof of purchase stating the date of sale, identification of the goods (name and quantity of goods), the purchase price (including the price of individual goods and the total price paid by the Buyer) and the Seller's details (business name and registered office of the Seller), either as part of the delivery of the goods or in electronic form to the e-mail address specified by the Buyer. Upon the Buyer's request, the Seller shall send the Buyer a tax document in electronic form.
6.2.3 The Buyer is obliged to inspect the goods before taking them over.
6.2.4 Upon taking over the goods, the Buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to inform the Seller. By signing the delivery note, the Buyer confirms that the packaging of the shipment containing the goods was intact and undamaged.
6.2.5 A complaint regarding mechanical damage to the goods, non-conforming goods and the like, which were not apparent upon takeover of the shipment containing the goods from the carrier, must be made by the Buyer immediately after they are discovered. The Seller shall not be liable for damage to the goods occurring during their transport if the Buyer does not notify such damage without delay in accordance with Clauses 6.2.3 to 6.2.5 of these Terms and Conditions.
6.2.6 If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
- Withdrawal from the Purchase Contract
7.1 Withdrawal from the Purchase Contract by the Buyer
7.1.1 If the Purchase Contract is concluded at a distance (through the online store) and the statutory conditions are simultaneously met, the Buyer has the right to withdraw from the Purchase Contract without giving any reason and without any penalty within 14 days from the date of takeover of the goods. The Buyer may also withdraw from the Purchase Contract before the withdrawal period begins to run.
7.1.2 If the Buyer notifies the Seller within the statutory 14-day period, in accordance with these Terms and Conditions, that the Buyer is withdrawing from the Purchase Contract, the Purchase Contract shall be cancelled from the outset. The Buyer may exercise the right of withdrawal from the contract in paper form or in the form of a record on another durable medium (hereinafter the "Notice of Withdrawal from the Contract"). The Buyer may use the template withdrawal form specified in Clause 7.1.18.
7.1.3 The withdrawal period from the Purchase Contract shall be deemed observed if, no later than on the last day of the period, the Buyer sends the Seller a notice that the Buyer is withdrawing from the Purchase Contract.
7.1.4 In case of doubts about delivery, a Notice of Withdrawal from the Contract sent by the Buyer shall be deemed delivered upon expiry of the time appropriate to the method of delivery used, provided that the Buyer can prove that the Notice of Withdrawal from the Contract was sent to the address notified by the Seller to the Buyer before conclusion of the contract (business name and registered office or place of business of the Seller or of the person on whose behalf the Seller acts), or to the Seller's e-mail address, or to another address notified by the Seller to the Buyer after conclusion of the contract. The Notice of Withdrawal from the Contract shall be deemed delivered on the day it is sent to the Seller to the address under the first sentence if the postal item containing the Notice of Withdrawal from the Contract cannot be delivered to the Seller for reasons under a special regulation.
7.1.5 Within this period after taking over the goods, the Buyer has the right to unpack and test the goods in a manner similar to that customary when purchasing in a traditional brick-and-mortar store, to the extent necessary to determine the nature, characteristics and functionality of the goods. If the Buyer withdraws from the Purchase Contract within the statutory 14-day period, the Buyer shall be liable for any decrease in the value of the goods caused by handling the goods beyond the handling necessary to determine the characteristics and functionality of the goods.
7.1.6 The Buyer acknowledges that the Buyer may not withdraw from a Purchase Contract the subject of which is, in particular: (i) the delivery of goods made according to the Buyer's specifications or custom-made goods; (ii) the delivery of goods that are subject to rapid deterioration in quality or spoilage; (iii) the delivery of goods sealed in protective packaging which is not suitable for return for health protection or hygiene reasons if the protective packaging was broken after delivery; (iv) the delivery of goods which, by their nature, may after delivery become inseparably mixed with other goods.
7.1.7 The Buyer is obliged, within 14 days from the date of withdrawal from the contract, to send the goods back or hand the goods over to the Seller or to a person designated by the Seller to take over the goods; this does not apply if the Seller proposes to collect the goods personally or through a person designated by the Seller. The period under the first sentence shall be deemed observed if the Buyer dispatches the goods to the Seller no later than on the last day of the period. The Buyer is obliged to deliver the goods to the Seller complete, including all their parts, accessories and complete documentation, undamaged, preferably in the original packaging and unused. The goods must be sent to the address of the Seller's registered office: Štúrova 101, 059 21 Svit or to a person authorised by the Seller.
7.1.8 The Buyer is obliged to bear the costs of returning the goods after withdrawal from the contract under the preceding clauses and the costs of returning goods which, by their nature, cannot be returned by post.
7.1.9 If the Buyer lawfully withdraws from the Purchase Contract, the Seller is obliged, within 14 days from the date of delivery of the Notice of Withdrawal from the Contract, to return to the Buyer all payments received from the Buyer on the basis of or in connection with the contract, including the costs of transport, delivery, postage and other costs and fees.
7.1.10 The Seller is obliged to return to the Buyer all payments under Clause 7.1.9 to the extent corresponding to the withdrawal from the contract if the Buyer has not withdrawn from the entire contract. The Seller may not charge the Buyer additional costs for transport, delivery, postage or other costs and fees.
7.1.11 The Seller is not obliged to reimburse the Buyer for additional costs if the Buyer expressly selected a method of delivery other than the cheapest standard method of delivery offered by the Seller. Additional costs mean the difference between the delivery costs selected by the Buyer and the costs of the cheapest standard method of delivery offered by the Seller.
7.1.12 In the event of withdrawal from the Purchase Contract, the Seller is not obliged to return payments under Clause 7.1.9 to the Buyer before the goods are delivered to the Seller or before the Buyer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods personally or through a person designated by the Seller.
7.1.13 The Seller is obliged to return the payments under Clause 7.1.9 to the Buyer using the same method as the Buyer used to pay them; this is without prejudice to the Seller's right to agree with the Buyer on another method of payment, provided that no fees are charged to the Buyer in connection with the payment.
7.1.14 If the Buyer withdraws from the Purchase Contract without authorisation and nevertheless sends the goods to the Seller, the goods shall not be accepted, or shall be sent back at the Buyer's expense.
7.1.15 Before conclusion of a distance contract or before the Buyer submits the Order, if the contract is concluded on the basis of the Buyer's Order, the Seller is obliged to clearly and comprehensibly notify the Buyer of the information on the Buyer's right to withdraw from the contract pursuant to Section 19(1) of the Consumer Protection Act, and of the conditions, period and procedure for exercising the right to withdraw from the contract; at the same time, the Seller shall provide the Buyer with the template withdrawal form specified in Clause 7.1.18.
7.1.16 If the Seller has delivered or provided several goods on the basis of a distance contract, the Buyer may withdraw from the contract only in relation to specific goods or goods.
7.1.17 Unilateral set-off of the Seller's and the Buyer's claims arising from withdrawal from the contract under Clause 7.1.1 is prohibited.
7.1.18 The Seller has published on its website a template form for withdrawal from the contract by the Buyer.
7.2 Withdrawal from the Purchase Contract by the Seller
7.2.1 The Seller is entitled to withdraw from the Purchase Contract if it is unable to deliver the ordered goods under the conditions agreed in the Purchase Contract, or if it is unable to deliver the ordered goods at all for reasons not attributable to the Seller.
7.2.2 The Seller also has the right to withdraw from the Purchase Contract if the supplier of the ordered goods has significantly changed the prices charged to the Seller, if there have been significant changes in the prices of transport of the goods, or if the Seller discovers that the goods were mistakenly offered at an incorrect price and the Buyer has not accepted the relevant amendment to the Purchase Contract (increase in the price of the goods) or the increase in transport costs.
7.2.3 The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Contract with the Buyer. The Buyer further acknowledges that the Seller is entitled to withdraw from a Purchase Contract concluded with a Buyer who, in any previous relationship concerning obligations with the Seller, substantially breached his/her obligation.
7.2.4 If the Seller withdraws from the Purchase Contract, the Seller is obliged to inform the Buyer thereof without delay at the e-mail address provided by the Buyer and to return to the Buyer the full purchase price of the goods if it has already been paid.
- Liability for Defects
8.1 The Seller is obliged to deliver the goods in accordance with the concluded Purchase Contract, i.e. in accordance with the agreed requirements and the general requirements. The sold item (i.e. the goods) is in accordance with the agreed requirements if, in particular: (i) it corresponds to the description, type, quantity and quality specified in the contract; (ii) it is suitable for the specific purpose of which the Buyer informed the Seller no later than upon conclusion of the contract and to which the Seller agreed; (iii) it has the ability specified in the contract to perform functions with regard to its purpose (hereinafter "functionality"); (iv) it has other characteristics specified in the contract; (v) it is delivered with all accessories specified in the contract; (vi) it is delivered with instructions for use if this was specified in the contract. The sold item is in accordance with the general requirements if: (vii) it is suitable for all purposes for which an item of the same type is normally used, taking into account in particular legislation, technical standards or codes of conduct applicable to the relevant sector, if technical standards have not been developed; (viii) it corresponds to the description and quality of the sample or model made available by the Seller to the Buyer before conclusion of the contract; (ix) it is delivered with accessories, packaging and instructions, including assembly and installation instructions, which the Buyer may reasonably expect; and (x) it is delivered in the quantity, quality and with characteristics, including functionality, compatibility, safety and the ability to maintain its functionality and performance during normal use (hereinafter "durability"), which are usual for an item of the same type and which the Buyer may reasonably expect with regard to the nature of the sold item.
8.2 The sold item has defects if it is not in accordance with the agreed requirements and the general requirements, or if its use is prevented or restricted by rights of a third party, including intellectual property rights.
8.3 The Seller is liable for any defect that the sold item (goods) has at the time of its delivery and that becomes apparent within two years from delivery of the item. If a defect becomes apparent before the expiry of the two-year period from delivery of the item, it is presumed to be a defect that the item already had at the time of delivery. This shall not apply if the contrary is proven or if such presumption is incompatible with the nature of the item or the defect.
8.4 If the Seller is liable for a defect in the sold item, the Buyer has the right against the Seller to have the defect removed by repair or replacement, the right to a reasonable discount from the purchase price, or the right to withdraw from the Purchase Contract.
8.5 The Buyer may refuse to pay the purchase price or part thereof until the Seller fulfils the obligations arising from liability for defects, unless the Buyer is in default with payment of the purchase price or part thereof at the time the defect is notified. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.
8.6 The Buyer may exercise rights arising from liability for defects, including the right under Clause 8.5, only if the Buyer has notified the defect within two months from discovering the defect, and no later than before expiry of the two-year period from delivery of the item. The Buyer has the right against the Seller to reimbursement of reasonably incurred costs incurred in connection with notifying a defect for which the Seller is liable and exercising rights arising from liability for the defect. The Buyer must exercise the right under the preceding sentence of this Clause against the Seller no later than within two months from delivery of the repaired or replacement item, payment of the discount from the price, or refund of the price after withdrawal from the contract, otherwise the right shall expire.
8.7 The exercise of rights arising from liability for defects does not exclude the Buyer's right to compensation for damage caused to the Buyer by the defect.
8.8 The Buyer is entitled to notify defects in the goods by means of distance communication at the address of the Seller's registered office: Štúrova 101, 059 21 Svit.
8.9 When notifying a defect, the Buyer is obliged to submit proof of payment of the purchase price, describe the defect and state how the defect manifests itself.
8.10 The Seller shall provide the Buyer with written confirmation of the notification of a defect without delay after the Buyer has notified the defect. In the confirmation of the notification of the defect, the Seller shall state the period within which the defect will be removed. The Seller shall remove the defect within a reasonable period. A reasonable period means the shortest time the Seller needs to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and seriousness of the defect. The period notified under the preceding sentence may not exceed 30 days from the date of notification of the defect, unless a longer period is justified by an objective reason beyond the Seller's control.
8.11 If the Seller refuses liability for defects, the Seller shall notify the Buyer in writing of the reasons for the refusal. If the Buyer proves the Seller's liability for the defect by an expert opinion or professional statement issued by an accredited person, authorised person or notified person, the Buyer may notify the defect repeatedly and the Seller may not refuse liability for the defect; Section 621(3) shall not apply to repeated notification of a defect. The Buyer must exercise the right to reimbursement of costs connected with the expert opinion and professional statement against the Seller no later than within two months from delivery of the repaired or replacement item, payment of the discount from the price, or refund of the price after withdrawal from the contract, otherwise the right shall expire.
8.12 If, before conclusion of the contract or, if the contract is concluded on the basis of the Buyer's Order, before submission of the Order, the Seller informed the Buyer that defects may also be notified to another person, the conduct or omission of that person shall, for the purposes of liability for defects, be deemed to be the conduct or omission of the Seller.
8.13 The Buyer has the right to choose removal of the defect by replacement of the item or repair of the item. The Buyer may not choose a method of removing the defect that is impossible or that, compared with the other method of removing the defect, would cause the Seller disproportionate costs, taking into account all circumstances, in particular the value the item would have without the defect, the seriousness of the defect, and whether the other method of removing the defect would cause considerable inconvenience to the Buyer.
8.14 The Seller may refuse to remove the defect if neither repair nor replacement is possible or if they would require disproportionate costs, taking into account all circumstances, including the circumstances under Clause 8.13, second sentence.
8.15 The Seller shall repair or replace the item within a reasonable period (Clause 8.10) after the Buyer has notified the defect, free of charge, at the Seller's own cost and without causing significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer required the item.
8.16 For the purposes of repair or replacement, the Buyer shall hand over or make available the item to the Seller or to the person under Clause 8.12. The costs of taking over the item shall be borne by the Seller.
8.17 The Seller shall deliver the repaired item or replacement item to the Buyer at the Seller's own cost in the same or a similar manner in which the Buyer delivered the defective item to the Seller, unless the Parties agree otherwise. If the Buyer does not take over the item within six months from the date on which the Buyer should have taken it over, the Seller may sell the item. If the item is of higher value, the Seller shall notify the Buyer in advance of the intended sale and provide the Buyer with a reasonable additional period to take over the item. Immediately after the sale, the Seller shall pay the Buyer the proceeds from the sale of the item after deducting the costs reasonably incurred for its safekeeping and sale, provided that the Buyer exercises the right to a share of the proceeds within the reasonable period stated by the Seller in the notice of the intended sale of the item. The Seller may destroy the item at the Seller's own cost if it could not be sold or if the expected proceeds from the sale would not be sufficient even to cover the costs reasonably incurred by the Seller for safekeeping of the item and the costs that the Seller would necessarily have to incur for its sale.
8.18 When a defect is removed by replacement of the item, the Seller has no right to compensation for damage caused by normal wear and tear of the item and no right to remuneration for ordinary use of the item before its replacement.
8.19 The Seller is liable for defects in the replacement item pursuant to Clause 8.3 of this Article.
8.20 The Buyer has the right to a reasonable discount from the purchase price or may withdraw from the Purchase Contract even without providing an additional reasonable period under Section 517(1) of the Civil Code if
- a) the Seller has neither repaired nor replaced the item,
- b) the Seller has neither repaired nor replaced the item in accordance with Clause 8.16,
- c) the Seller has refused to remove the defect pursuant to Clause 8.14,
- d) the item has the same defect despite repair or replacement of the item,
- e) the defect is of such a serious nature that it justifies an immediate discount from the purchase price or withdrawal from the Purchase Contract, or
- f) the Seller has declared, or it is apparent from the circumstances, that the Seller will not remove the defect within a reasonable period or without causing significant inconvenience to the Buyer.
8.21 When assessing the Buyer's right to a discount from the purchase price or withdrawal from the Purchase Contract under Clause 8.20(d) and (e), all circumstances shall be taken into account, in particular the type and value of the item, the nature and seriousness of the defect, and the possibility of objectively requiring the Buyer to trust in the Seller's ability to remove the defect.
8.22 The discount from the purchase price must be proportionate to the difference between the value of the sold item and the value the item would have if it were without defects.
8.23 The Buyer may not withdraw from the Purchase Contract under Clause 8.20 if the Buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the Buyer contributed to the occurrence of the defect and that the defect is negligible shall be borne by the Seller.
8.24 If the contract concerns the purchase of several items, the Buyer may withdraw from it only in relation to the defective item. In relation to the other items, the Buyer may withdraw from the contract only if it cannot reasonably be expected that the Buyer will be interested in keeping the other items without the defective item.
8.25 After withdrawal from the contract or part thereof, the Buyer shall return the item to the Seller at the Seller's cost.
8.26 After withdrawal from the contract, the Seller shall return the purchase price to the Buyer no later than within 14 days from the date of return of the item to the Seller or after proof that the Buyer has sent the item to the Seller, whichever occurs earlier.
8.27 The Seller shall return the purchase price to the Buyer or pay the Buyer the discount from the purchase price using the same method as the Buyer used to pay the purchase price, unless the Buyer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the Seller.
8.28 The Seller has no right to compensation for damage caused by normal wear and tear of the item and no right to remuneration for ordinary use of the item before withdrawal from the Purchase Contract.
8.29 If a defect for which the Seller is liable is the result of an act or omission of another person in the same supply chain, the Seller has the right against that person to reimbursement of reasonably incurred costs incurred by the Seller as a result of the notification of the defect and the exercise by the Buyer of rights arising from liability for defects under Clauses 8.4 to 8.7.
- Personal Data Protection
9.1 When processing personal data, the Seller proceeds in accordance with 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, repealing Directive 95/46/EC, and Act No. 18/2018 Coll. on Personal Data Protection and amending certain acts, as amended.
9.2 Detailed information on how the Seller collects, processes and protects the personal data of Buyers is regulated in the personal data protection information available at https://www.chemosvitgroup.com/gdpr/.
- Alternative Dispute Resolution
10.1 The Buyer has the right to contact the Seller with a request for remedy by e-mail at vos@chemosvit.sk if a dispute arises between the Buyer and the Seller from the exercise of rights arising from liability for defects, or if the Buyer believes that the Seller has violated other rights of the Buyer as a consumer.
10.2 If the Seller rejects the Buyer’s request under Clause 10.1 or does not respond to it within 30 days from the date on which it was sent, the Buyer has the right to submit a proposal to commence alternative dispute resolution to the competent alternative dispute resolution entity pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and amending certain acts, as amended.
10.3 The list of alternative dispute resolution entities for consumer disputes is published on the website of the Ministry of Economy of the Slovak Republic. In relation to the Seller, the competent alternative dispute resolution entity is in particular the Slovak Trade Inspection, unless another alternative dispute resolution entity is competent for the relevant type of dispute.
10.4 Alternative dispute resolution may be used only by a consumer, i.e. a natural person who, when concluding and performing the Purchase Contract, does not act within the scope of his/her business activity, employment or profession. Alternative dispute resolution concerns a dispute between the Buyer and the Seller arising from a consumer contract or related to a consumer contract. Alternative dispute resolution does not apply to disputes where the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for commencing alternative dispute resolution in a maximum amount of EUR 5 including VAT.
- Final Provisions
11.1 These Terms and Conditions become effective on 01.06.2025.
11.2 If any provisions of these Terms and Conditions are invalid or ineffective for any reason, this shall not cause the invalidity or ineffectiveness of the remaining parts of the Terms and Conditions or the Purchase Contract.
11.3 The Seller is entitled to amend the Terms and Conditions at any time; however, for a specific Purchase Contract, the Terms and Conditions in the wording effective on the date of conclusion of that Purchase Contract shall apply.
11.4 If the relationship established by the Purchase Contract contains an international (foreign) element, the Parties agree that the relationship established by the Purchase Contract, as well as all disputes arising therefrom, shall be governed by the law of the Slovak Republic.
11.5 The supervisory authority for the protection of the Buyer as a consumer is the Slovak Trade Inspection, Inspectorate of the Slovak Trade Inspection for the Prešov Region, Obrancov mieru 6, 080 01 Prešov, tel.: +421 51/7721 597.
11.6 The Parties agree that the courts of the Slovak Republic shall have jurisdiction to hear any disputes between the Seller and the Buyer.
11.7 The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract within the online store.
