Business conditions
Business conditions
GENERAL BUSINESS TERMS and CONDITIONS of ZJEDENE s.r. o.
These general terms and conditions regulate the legal relations between the company ZJEDENE s. r. o. ID number: 54 357 373 with registered office at Račianska 17, Bratislava - Nové Mesto district 831 02, registered in the commercial register of OS Bratislava I, Department: Sro,. Insert number: 159257/B as the seller and customers - final consumers as buyers arising from the purchase of goods through the online store operated by the seller on the website zjedene.sk (hereinafter referred to as "T&C").
1. THE CONTRACTING PARTIES AND THE SUPERVISORY AUTHORITY OVER THE OFFER AND SALE OF PRODUCTS AND THE PROVISION OF SERVICES
Seller: trade name: ZJEDENE s. r. o., with registered office: Račianska 17, 831 02 Bratislava - Nové Mesto district, ID number: 54 357 373
Tax identification number: 2121710888, registered in the Commercial Register of the District Court Bratislava I, section: Sro, insert no.: 159257/B, telephone number: +421 910 732 307, contact e-mail: info@zjedene.sk (hereinafter referred to as "seller" ).
Address of the seller, where the buyer can make a claim for goods or services, file a complaint or other initiative: ZJEDENE p. r. o. , with registered office: Račianska 17, 831 02 Bratislava – Nové Mesto district, e-mail: info@zjedene.sk
The seller is a person who, when concluding and fulfilling the purchase contract, acts within the scope of his business activity or profession.
Buyer - consumer: a natural person who, when concluding and fulfilling a purchase contract, does not act within the scope of his business activity, employment or profession, who has sent a binding electronic order for goods via the electronic store zjedene.sk (hereinafter also referred to as "e-shop") after self-authorization ) (hereinafter referred to as "Buyer").
The seller has the right to refuse the delivery of goods, the sale of which is prohibited to natural persons under the age of 18, to persons under the age of 18.
The supervisory authority over the offer and sale of products and the provision of services: You can submit your questions, warnings and suggestions for carrying out an inspection to the relevant inspectorate of the Slovak Trade Inspection (SOI), which is the supervisory authority over the offer and sale of products and the provision of services. You can further address your questions, warnings and suggestions for inspection to the State Veterinary and Food Administration of the Slovak Republic as a supervisory authority over the supply and sale of food and also to the Public Health Office of the Slovak Republic as a supervisory authority over the supply and sale of cosmetic products.
SOI Inspectorate for the Bratislava region
Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava Department of Supervision
tel. no. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
website: www.soi.sk
Regional Office of Public Health Bratislava
Ružinovská 8, 820 09 Bratislava phone number: +421 917 426 111
fax: 02/43338 288
e-mail: ruvzba@uvzsr.sk
website: www.ruvzba.sk
Regional veterinary and food administration Bratislava
Polianky 8, 841 01 Bratislava Tel: 02 644 61 206 - 210 Fax: 02 644 61 208
Email: Riaditel.BA@svps.sk
2. PURCHASE AGREEMENT, PURCHASE PRICE AND GOODS
A purchase contract is a contract between the seller and the buyer agreed and concluded remotely (exclusively by means of remote communication without the simultaneous physical presence of the seller and the buyer) of the seller's e-shop. The subject of the purchase contract is the seller's obligation to deliver the ordered goods to the buyer and to transfer ownership of the goods to the buyer and the buyer's obligation to pay the purchase price for the ordered goods (hereinafter referred to as the "purchase contract").
The purchase contract is considered concluded, or is created by confirmation sent to the e-mail address of the buyer (by the seller) about the receipt of a binding electronic order of goods.
Goods are understood to be all products offered on the seller's e-shop and listed in a valid and effective list together with the seller's respective prices, in particular food, nutritional supplements.
At the same time, the buyer acknowledges that the availability of the goods presented in the e-shop is linked to the seller's stock, and therefore the seller does not guarantee the availability of the goods. In the event that the goods presented in the e-shop are not available, the seller will ensure that such goods are also unavailable in the e-shop, or so that unavailable goods cannot be placed in the "shopping cart".
Purchase price
Before the buyer submits a binding electronic order, the seller is obliged immediately before sending the order to the buyer to explicitly, unambiguously and clearly state information regarding the main characteristics of the selected goods, the total price of the goods including value added tax or, if the price cannot be determined in advance, the way in which it is calculated , as well as shipping, delivery, postage and other costs and fees. If these costs and fees cannot be determined in advance, the seller is obliged to inform the buyer of the fact that such costs or fees may be included in the total price.
The seller is obliged to ensure that the buyer explicitly confirms that he is aware that part of the electronic order is the obligation to pay the purchase price. In order to send an electronic order, it is necessary for the buyer to press the button marked "order with payment obligation" or a button marked with a similar meaning expressing the fact that placing the order includes the obligation to pay the purchase price.
3. ELECTRONIC ORDER
Creating and sending an order
A binding electronic order of goods means an electronic form sent by the buyer, processed by the e-shop system, containing the information required by the electronic form and correctly, truthfully and completely filled in by the buyer. The seller reserves the right to process orders according to the time order in which they were delivered to him.
Successful creation of an electronic order does not require registration and creation of a customer account on the e-shop website.The buyer places an order by selecting the goods he wants to buy, specified in terms of quantity, type and price, by clicking on the appropriate "Add to basket" button and then on the "Checkout" button, and at the same time by properly filling out the electronic order form, agreeing to the terms and conditions and clicking on the "Order" button with the obligation to pay".
The essential elements of an electronic order are considered to be:
Identification of the buyer in the scope of first and last name, place of residence and contact (phone number and e-mail address)
Identification of goods, their quantity
Address of the place of delivery of the goods (if this information is not provided, it is considered that the goods are to be delivered to the address of the buyer's residence (provided that this address of residence or seat, or place of business is one of the places of delivery to which the seller of the goods adds);
Name and surname of the person authorized to take over the delivered goods (if this information is not provided, it is assumed that only the buyer is authorized to take over the delivered goods).
The seller is not obliged to confirm receipt of an incomplete order. The order is considered complete at the moment of delivery of data specifying and/or supplementing the electronic order.
Order confirmation
The seller is obliged to confirm the receipt of the electronic order to the buyer (at the buyer's e-mail address specified in the electronic order) without delay, no later than 24 hours after its delivery. By confirming the electronic order (which contains the specification of the seller and the buyer, the specification of the goods, the final price of the goods, the place and time of delivery of the goods) a purchase contract is concluded between the seller and the buyer.
In case of detection of irregularities related to the confirmation of the electronic order by the seller, the buyer is obliged to notify the seller of this fact immediately by phone or by e-mail sent to the e-mail address info@zjedene.sk
Incorrect data in the order
The seller is not responsible for delivery delays and damage caused by the fact that the buyer did not enter all the required data when filling out the order form, or when registering the account, or filled out the registration form incorrectly, incorrectly, or falsely. The seller is also not responsible for damage caused to the buyer as a result of the buyer forgetting his access password and/or the buyer's access password falling into the hands of unauthorized persons without the seller's involvement.
4. CANCELLATION OF ORDER
The buyer has the right to cancel/cancel an electronic order without giving a reason at any time before its confirmation by the seller by e-mail to the address: info@zjedene.sk or by phone at tel. number: +421 910 732 307.
The seller reserves the right to cancel the electronic order or its part in the following cases:
the order could not be confirmed mainly due to incorrect contact data, the unavailability of the buyer, the failure to provide the necessary cooperation of the buyer regarding the completion of the necessary order data
the goods are no longer manufactured or supplied or the price at the supplier of the goods has changed significantly. If the buyer does not accept the proposal of the agreement from the seller and has already paid part or all of the purchase price, this amount will be transferred back to his bank account within 14 calendar days from the date of cancellation of the order by the seller.
5. RIGHT TO WITHDRAW FROM THE PURCHASE CONTRACT
Withdrawal of the buyer from the purchase contract
The buyer is entitled to withdraw from the purchase contract without giving a reason at any time before the withdrawal period begins (i.e. at any time from the conclusion of the purchase contract to the receipt of the goods).The deadline for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline.
The buyer is entitled to withdraw from the purchase contract through a written statement addressed to the seller at the postal address: ZJEDENE s.r.o. Račianska 17 831 02 Bratislava - Nové Mesto district or the e-mail address info@zjedene.sk.
The seller is obliged to provide the buyer with confirmation of delivery of the buyer's withdrawal from the purchase contract to the buyer's e-mail address immediately after receiving the withdrawal from the contract.
The buyer is not entitled to withdraw from the purchase contract if the goods are:
goods that are subject to rapid deterioration or deterioration, i.e. food, fruit, vegetables, etc.
goods which, due to their nature, can be inseparably mixed with other goods after delivery, e.g. unpackaged vegetables, fruits, etc.;
goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after submission, e.g. open cans, preserves, bottles or goods whose packaging was damaged, etc.)
Instruction on exercising the buyer's right to withdraw from the contract
The withdrawal from the purchase contract must contain the identification of the buyer and the seller, the number and date of the order, the exact specification of the goods, the way in which the seller should return the already received financial payment and the account number. If the buyer does not fulfill this obligation, withdrawal from the purchase contract is not valid and the seller is not obliged to return the purchase price to the buyer, and the seller is entitled to compensation for the costs associated with sending the goods back to the buyer.
Withdrawal from the purchase contract must be delivered to the seller by mail to the address ZJEDENE s. r. o. Račianska 17 831 02 Bratislava - Nové Mesto district or as an e-mail attachment to the address: info@zjedene.sk
The buyer is obliged to send the (intact) goods back to the address: ZJEDENE s. r. o. Račianska 17 831 02 Bratislava - Nové Mesto district or hand it over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller proposes to pick up the goods personally or through a person authorized by him. The deadline according to the previous sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
With the withdrawal of the buyer from the purchase contract, the purchase contract is canceled from the beginning. The seller is obliged to return to the buyer the purchase price paid for the goods as well as all payments that the seller received from the buyer on the basis of or in connection with the purchase agreement, including the costs of shipping, delivery and postage and other costs and fees, in the same way that the consumer used for his payment or by transfer to the buyer's account.
In case of withdrawal from the purchase contract, the seller is not obliged to return the payments mentioned in the previous paragraph to the buyer before the goods are delivered to the seller or until the buyer proves to the seller that the goods have been sent back to the seller.
When withdrawing from the purchase contract, the consumer bears the costs of returning the goods to the seller or the person authorized by the seller to take over the goods, including the costs of returning goods that, due to their nature, cannot be returned by post. The buyer bears the costs of returning the goods only if the goods fully met the quality requirements and had no defects.
Withdrawal of the seller from the contract
The seller is entitled to withdraw from the contract due to the fact that there have been such serious changes that have made it impossible to fulfill the seller's obligations arising from the contract or due to force majeure, or if, even after making all the efforts that can be fairly required of him, he is unable to deliver goods to the buyer within the period determined by these GTC. The seller is obliged to immediately inform the buyer about this fact and to return to him the already paid price for the goods agreed in the contract within 14 days from the notification of withdrawal from the contract, in the same way as the payment of the purchase price was made.
6. PRICE TERMS
The purchase price of goods offered by the seller via the e-shop is always listed next to each selected item. The purchase price is always stated with value added tax (VAT) in the appropriate amount, unless otherwise stated. Together with the confirmation of the order, an advance invoice with the preliminary purchase price including VAT will be sent to the e-mail address specified in the electronic order. The final purchase price is indicated in the final invoice and receipt receipt presented to the buyer upon delivery of the goods.
Reduction/increase in the price of goods
The seller reserves the right to unilaterally adjust (increase/decrease) the prices of the goods listed in the e-shop, with the fact that the new prices of the goods are valid on the day of their publication. For the buyer, the price of the goods stated with the goods at the time of sending the electronic order to the seller is always decisive, which the seller subsequently confirms in the acceptance of the buyer's order, unless these General Terms and Conditions stipulate otherwise.
Any increase or decrease in the price of the goods by the seller between the time the order is sent by the buyer and the delivery of the ordered goods or during a complaint or other procedure in connection with the return or exchange of the goods does not affect the price of the already ordered goods. The buyer is aware that in the event of a reduction in the price of the goods between the time the order is sent and the completion of any complaint or other procedure in connection with the return or exchange of the goods, he is not entitled to a refund of part of the purchase price for the goods in the amount of the difference between the price of the goods at the time of dispatch order to the seller and the price of the goods at the time after sending the order to the seller. In the case of a unilateral increase in the price of the goods after the buyer has sent the order to the seller, the seller is not entitled to payment of the monetary difference between the price of the goods at the time the order was sent by the buyer to the seller and the price of the goods at the time after the order was sent by the buyer to the seller.
In the event that an obviously incorrect price appears on the e-shop page for some goods, e.g. if the goods are commonly available and generally known and their price differs from the usual price, or due to a system error, the price of the goods appears as "0 EUR" or "1 EUR" or similar negligible price in relation to specific goods, the seller is not obliged to deliver the goods at an incorrect price, but can offer the buyer to deliver the goods at the correct price. If the buyer does not agree with the proper price of the goods in this case, he can withdraw from the purchase contract in writing for this reason.
7. PAYMENT TERMS
Payments are made exclusively in EUR, while the buyer is entitled to choose one of the following payment methods:
PAYMENT ON DELIVERY OF GOODS ON COD: With this method of payment, the buyer pays the entire amount for the ordered goods upon collection by the courier in cash (all delivery locations) or by credit card.
PAYMENT VIA THE BANK'S INTERNET INTERFACE: (by online payment card). The seller will state the actual price of the goods in the final invoice.
Credits collected in the profile can only be applied to EAT.
8. DELIVERY TERMS
Orders for goods will be shipped after confirmation of the order's acceptance by the seller, to the place of delivery indicated in the order, provided that it is the place of delivery according to these GTC.
Place of delivery: The seller delivers goods orders only to the places that are listed in the list of places before shipping. The buyer can only choose the delivery location from the list of pre-defined delivery locations within the Slovak Republic. It is not possible to deliver goods to places that are not in this list. Delivery of the goods is considered to be delivered to the buyer in front of the first lockable door of the apartment building or other residential space, to which the buyer is obliged to come to receive the goods.
Delivery time: The time of delivery of the goods to the buyer depends on the moment the buyer sends the goods order and the chosen place of delivery.
The seller reserves the right to specify the days during which he will not deliver the goods. Buyers will be informed about this fact in advance and on time on the e-shop page.
Delivery of the goods: The delivery of the goods is made by handing them over to the buyer. In the event that the seller or carrier delivers the goods to the buyer to the place specified in the purchase contract, the buyer is obliged to take over the goods personally or to ensure that the goods are taken over by an authorized person designated by him.
Unavailable/sold out goods:
For goods marked "UNAVAILABLE/SOLD OUT", who
rý is not in stock at the given moment, the seller is obliged to inform the buyer by e-mail or in another form about the availability of the mentioned goods as well as about the delivery times within 3 working days from the date of the buyer's request or his request for the provision of the said information or any other request from which the buyer's interest in the said goods is obvious. Delivery times for goods marked as "UNAVAILABLE/SOLD OUT" are delivery times depending on the delivery options of the seller's supplier. The seller does not guarantee the availability of goods marked as "UNAVAILABLE/SOLD OUT".
Unreasonable refusal to accept the goods: In the event that the buyer refuses to accept the goods ordered by him from the seller or carrier twice within one calendar month without reason or in any other way fails to deliver the goods, the seller reserves the right to refuse to accept the buyer's order in the month immediately following the month, in which there was an unjustified refusal to take over the goods by the buyer, this does not affect the seller's claim to compensation for damages against the buyer.
Buyer's obligation to check the shipment:
The buyer is obliged to check the physical integrity and completeness of the shipment, i.e
the goods as well as their packaging immediately after delivery and confirm these on the waybill.
If the buyer discovers that the goods or the packaging of the goods is mechanically damaged, he is obliged to immediately notify the carrier of this fact and check the condition of the goods in his presence.
If the shipment is visibly damaged or destroyed, the buyer is obliged, without taking delivery of the shipment, to make a record of the extent and nature of the damage to the goods, the correctness of which will be confirmed by the carrier, and to immediately contact the seller.
Any later claims for quantity and physical damage to the goods, if the buyer does not fulfill his obligation under this point, cannot be accepted.
Ownership of the goods: ownership of the goods is transferred to the buyer upon acceptance of the goods, subject to the suspensive condition of payment of the purchase price in full. Until the transfer of ownership rights from the seller to the buyer, who is in possession of the products and services, the buyer has all the responsibilities of a custodian and is obliged to store the products and services safely at his own expense and mark them so that they are identifiable as the seller's goods under all circumstances.
Risk of damage to the goods: The risk of damage to the goods passes to the buyer at the time when the buyer or his representative takes over the goods or when he does not do so in time, and when the seller allows him to handle the goods and the buyer does not take over the goods.
9. WARRANTY AND LIABILITY FOR DEFECTS, COMPLAINTS
The buyer has the right to complain about goods that show defects caused by the manufacturer, supplier or seller, are covered by a warranty and were purchased from the seller. The buyer is obliged to file a claim with the seller within the warranty period, otherwise the buyer's right to return the goods expires. The buyer is obliged to inspect the goods upon receipt of the goods. If he does not do so, he can make claims from defects found during this inspection, only if he proves that the goods already had these defects at the time of receipt of the goods.
The buyer does not have the right to claim a warranty for defects that the seller was informed about at the time of the conclusion of the contract, or about which, taking into account the circumstances under which the purchase contract was concluded, he must have known.The buyer is entitled to exercise the right of responsibility for product defects through a complaint with the seller at the address ZJEDENE s.r.o., with registered office at Račianska 17, Bratislava - Nové Mesto district 831 02, or at the e-mail address: info@zjedene.sk, unless the buyer and the seller agree otherwise.
Warranty period:
If the goods have an expiration date or minimum durability date marked on the packaging, the buyer must exercise the rights from liability for defects in these items without delay, no later than by the expiry of this expiration date or minimum durability date with the seller.
In the case of things that deteriorate quickly, the rights from liability for defects must be exercised no later than the day following the receipt of the goods by the buyer, otherwise the rights will expire.
For other goods, the warranty period is 24 months, which starts from the date of receipt of the goods by the buyer.
If the goods show defects, the buyer has the right to file a claim with the seller by delivering the written claim to the seller by e-mail to the e-mail address: info@zjedene.sk. The buyer is also obliged to return the claimed goods to the seller by delivery to his address: ZJEDENE s.r.o. , with registered office at Račianska 17, Bratislava - Nové Mesto district 831 02 or arrange the method of return by phone or e-mail. The method of returning goods for things that spoil quickly is agreed by the buyer with the seller by phone at tel. number: +421910732307 or by e-mail: info@zjedene.sk
The buyer is obliged to state in the written complaint:
identification data of the seller and the buyer
date and order number
specification of goods
type and extent of product defects
the requested way of handling the claim (exchange of the item, withdrawal from the contract, discount
from the purchase price, removal of product defects)
The buyer's rights from product defects/ the method of processing a claim (§ 622 and 623 of the Civil Code):
For removable defects:
the buyer has the right to demand that the defect be rectified free of charge, properly and in time, or that the defective item be exchanged for a fault-free item. The seller is obliged to remove the defect or replace the defective item with a flawless one without unnecessary delay. The seller is always entitled, at his own discretion, to exchange a defective item for a faultless one, if this does not cause serious difficulties for the buyer.
if these are removable defects, but if the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects, the buyer has the right to exchange the item or has the right to withdraw from the contract and return the purchase price
In case of an irreparable defect that prevents the thing from being properly used as a thing without a defect:
the buyer has the right to exchange the item
the buyer has the right to withdraw from the contract and return the purchase price
Defects in food and nutritional supplements are always considered irreversible.
For other non-removable defects:
the buyer has the right to a reasonable discount from the purchase price.
The right to claim the guarantee expires:
upon expiration of the warranty period of the goods,
mechanical damage to the goods caused by the buyer, or
operating or storing the product in unsuitable conditions
by not reporting obvious defects when taking over the goods,
using the goods in conditions that do not correspond to the natural environment due to their humidity, chemical and mechanical effects,
by not presenting proof of payment, delivery note or warranty note, accessories or documentation of the goods, if they were delivered to the buyer together with the goods,
by unprofessional handling, service, or neglect of the care of the goods,
damage to the goods by accidental destruction and accidental deterioration,
damage to the goods due to unavoidable and/or unforeseeable events,
damage to the goods due to excessive loading, or use contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
interference with the goods by an unauthorized person,
unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure.
The warranty does not apply to defects caused by normal use or wear and tear of the goods, as well as defects occurring on the goods at the time of sale, which the buyer did not inform the seller or carrier of when taking over the goods.
Storage of goods:
The buyer is obliged to store the purchased goods according to the manufacturer's instructions on the packaging, or in the usual way
and appropriate for the given type of goods. The claim will not be recognized if the Buyer has demonstrably failed to follow the manufacturer's instructions, or the defect was caused by its improper handling and storage.
Complaints about goods do not have a suspensive effect on the payment of the purchase price.
Complaint procedure:
The complaint procedure for goods that can objectively be delivered to the seller begins on the day when all the following conditions are met:
filing a claim with the seller
delivery of the claimed goods to the seller
The complaint procedure for goods that cannot objectively be delivered to the seller and that are firmly embedded begins on the day when all the following conditions are met:
filing a claim with the seller
inspection of the claimed goods by a third party designated by the seller, who will issue a written confirmation of the inspection to the buyer.
On the day of receipt of the complaint, the seller will issue to the buyer a document of receipt of the complaint of the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately indicate the defects of the goods.
The seller handles the goods complaint immediately, in more complex cases within 3 working days from the beginning of the complaint procedure. This deadline does not include the time required for expert assessment of the defect. However, handling of the complaint may not take longer than 30 days from the date of initiation of the complaint procedure. If processing the complaint takes longer than 30 days, the buyer has the same rights as if it were an irreparable defect that prevents the item from being properly used as an item without a defect that cannot be removed (the buyer can exercise the right to exchange the item or the right to withdraw from contract and refund of the purchase price).
The seller will notify the result of handling the complaint in writing (by e-mail, mail). All valid warranty repairs are free of charge. In the event that the seller or a third party servicing the goods decides that the claim is not justified, the seller will send the goods at his own expense to an expert, authorized, notified or accredited person for expert assessment.
10. PROCEDURE FOR HANDLING COMPLAINTS AND INITIATIVES
The buyer is entitled to send any complaint or suggestion regarding the subject of the seller's business activity to the seller at the e-mail address: info@zjedene.sk The seller is obliged to respond to the complaint or suggestion within 7 working days at the latest from the delivery of the complaint or suggestion.
11. ALTERNATIVE DISPUTE RESOLUTION
The buyer has the right to contact the seller with a request for correction (by e-mail to info@zjedene.sk) if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. If the seller responds negatively to this request or does not respond to it within 30 days of sending it, the buyer (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 alternative resolution of consumer disputes and on amendments to certain laws (hereinafter referred to as "Act No. 391/2015 Coll.").
ARS subjects are authorities and authorized legal entities according to §3 of Act no. 391/2015 Coll., their list is kept by the Ministry of the Economy of the Slovak Republic, which is available online at the following Internet address: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne- rieseniespotrebitelskych-sporov-1/zoznam- subjects-of-alternative-solution-of-consumer-disputes-1
For consumer disputes arising between the seller and the buyer (consumer), the relevant Slovak trade inspection pursuant to § 3 par. 2 letters c) Act no. 391/2015 Coll., this does not affect the previous sentence.
The proposal can be submitted by the Consumer in the manner determined according to §12 of Act no. 391/2015 Z. z.. The consumer can also file a complaint through the alternative dispute resolution platform RSO (online dispute resolution), which is available online at the following Internet address: https://ec.europa.eu/consumers/odr/main/ index.cfm?event=main.home2.show&lng=SK
The proposal is submitted by the consumer to the relevant body of alternative dispute resolution; the possibility of turning to the court is not affected by this.
If several alternative dispute resolution entities are responsible for alternative dispute resolution, the consumer has the right to choose which of them to submit a proposal to. Provisions of the contract, which oblige the consumer to submit a proposal to a predetermined alternative dispute resolution entity, are not taken into account.
The proposal must include:
consumer's first and last name, delivery address, e-mail address and telephone contact, if any,
exact description of the seller,
a complete and comprehensible description of the decisive facts,
indication of what the consumer is seeking,
the date when the consumer contacted the seller with a request for correction and information that the attempt to resolve the dispute directly with the seller was fruitless,
a statement that the same proposal has not been sent to another entity of alternative dispute resolution, the court or arbitration court has not decided on the matter, no mediation agreement has been concluded in the matter, nor has alternative dispute resolution been concluded in the matter in accordance with § 20 par. 1 letter a) to e)
documents related to the subject of the dispute, which prove the facts stated in the proposal.
The proposal can be submitted in paper form, in electronic form or orally in the minutes. To submit a proposal, the consumer can use the form, the model of which is given in Annex no. 1 and which is also available on the website of the Ministry and each subject of alternative dispute resolution. If the proposal does not contain the above-mentioned requirements or if it is not accompanied by the documents necessary for its assessment, the subject of alternative dispute resolution immediately informs the consumer about the shortcomings of the proposal, how they should be eliminated and invites him to complete the incomplete or incomprehensible proposal in period, which must not be shorter than 15 days. At the same time, the subject of alternative dispute resolution will instruct the consumer about the consequences of not completing the proposal within the specified period.
Alternative dispute resolution can only be used by the buyer - consumer - a natural person who, when concluding and fulfilling the consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a buyer-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 in which the quantifiable value of the dispute does not exceed €20. Alternative dispute resolution by alternative dispute resolution bodies is free of charge. An authorized legal entity may stipulate in its rules of alternative dispute resolution that it is entitled to demand from the consumer a fee for initiating an alternative dispute resolution in an amount that it publishes on its website. 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.
12. COMPETITIONS
Any natural person can participate in the competition, unless a minimum age limit of 18 years or another age limit that meets all the special conditions of the competition published on the website, or in another suitable form - social networks, has been determined in the special conditions. It is possible to apply for the competitions via web pages by filling in and sending a web form, or in another announced way (in person, by phone, by e-mail, SMS, post, via social networks). By registering for the competition, participants express their consent to follow these general conditions of competitions, as well as the special conditions of a specific competition.
The prize will not be handed over to the winner unless the winner fully agrees to these conditions and fulfills the requirements arising from them. The competition takes place exclusively on the territory of the Slovak Republic.
Employees of the organizer, business partners who donate winnings to competitions, or competitions are sponsored, technically ensured or cooperated in their implementation by their employees and family members.
Conditions for obtaining and handing over the prize.The winner is the person who properly and most successfully fulfilled all the conditions of the competition, provided the data necessary for the proper and unmistakable identification of his person in the prescribed form for the purpose of realizing the rights and obligations according to these conditions, and was declared the winner according to the conditions of the competition.
The winner of the competition is obliged to accept the prize on the date and in the manner announced by the organizer of the competition, unless other conditions for accepting the prize result from the content and nature of the competition. The winner is obliged to show a valid identity card when accepting the prize. A legal representative accepts the prize for a minor winner.The prize is non-transferable and belongs exclusively to the winner.
In the event that the winner of the competition does not claim the prize in the manner announced by the organizer, the winner's right to the prize shall expire without the winner being entitled to any monetary or non-monetary compensation from the competition organizer. The participant of the competition acknowledges that winnings from bets and games are not possible according to the applicable legislation
13. TRANSITIONAL AND FINAL PROVISIONS
These general terms and conditions (hereinafter referred to as "GTC") regulate the rights and obligations of the seller and the buyer when purchasing goods and are an integral part of the purchase contract. For the avoidance of doubt, these General Terms and Conditions apply to the delivery of goods ordered via the e-shop in the territory of the Slovak Republic.
By sending an electronic order, the buyer confirms that he has familiarized himself with the General Terms and Conditions and without any reservations agrees that the General Terms and Conditions and their provisions will apply to all purchase contracts and to all legal relationships between the seller and the buyer, which arose in particular during the conclusion of the purchase contract, complaints goods and withdrawal from the purchase contract.
The seller reserves the right to change the GTC. The obligation of written notification of changes in these General Terms and Conditions is fulfilled by placing the updated General Terms and Conditions on the website of the seller's e-shop.
The legal relations between the seller and the buyer, who is a consumer, not expressly regulated in these GTC, are governed by 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, by Act no. 22/2004 on electronic commerce and Act no. 40/1964 Coll. Civil Code.
Legal relations between the seller and the buyer, who is not a consumer, not expressly regulated in these GTC are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code.
On the day of publication of the new General Terms and Conditions, the previous General Terms and Conditions become ineffective. Any changes to these GTC take effect on the day they are published on the e-shop page. The obligation of written notification of changes to the GTC is fulfilled by placing it on the e-shop page.
In the event that any provision of these GTC is or becomes invalid, ineffective and/or unenforceable, this does not affect the validity, effectiveness and/or enforceability of the other provisions of these GTC, unless the very nature of such provision precludes this in accordance with the relevant legal regulations. The parties undertake, without undue delay, after discovering that any of the provisions of the purchase contract or these GTC is invalid, ineffective and/or unenforceable, to replace the affected provision with a new valid provision, the content of which will fulfill the purpose of the original provision to the greatest extent possible.
In Bratislava on January 24, 2024
ZJEDENE s .r. o.
Ing. Štefan Zelenay, konateľ
Business conditions
GENERAL BUSINESS TERMS and CONDITIONS of ZJEDENE s.r. o.
These general terms and conditions regulate the legal relations between the company ZJEDENE s. r. o. ID number: 54 357 373 with registered office at Račianska 17, Bratislava - Nové Mesto district 831 02, registered in the commercial register of OS Bratislava I, Department: Sro,. Insert number: 159257/B as the seller and customers - final consumers as buyers arising from the purchase of goods through the online store operated by the seller on the website zjedene.sk (hereinafter referred to as "T&C").
1. THE CONTRACTING PARTIES AND THE SUPERVISORY AUTHORITY OVER THE OFFER AND SALE OF PRODUCTS AND THE PROVISION OF SERVICES
Seller: trade name: ZJEDENE s. r. o., with registered office: Račianska 17, 831 02 Bratislava - Nové Mesto district, ID number: 54 357 373
Tax identification number: 2121710888, registered in the Commercial Register of the District Court Bratislava I, section: Sro, insert no.: 159257/B, telephone number: +421 910 732 307, contact e-mail: info@zjedene.sk (hereinafter referred to as "seller" ).
Address of the seller, where the buyer can make a claim for goods or services, file a complaint or other initiative: ZJEDENE p. r. o. , with registered office: Račianska 17, 831 02 Bratislava – Nové Mesto district, e-mail: info@zjedene.sk
The seller is a person who, when concluding and fulfilling the purchase contract, acts within the scope of his business activity or profession.
Buyer - consumer: a natural person who, when concluding and fulfilling a purchase contract, does not act within the scope of his business activity, employment or profession, who has sent a binding electronic order for goods via the electronic store zjedene.sk (hereinafter also referred to as "e-shop") after self-authorization ) (hereinafter referred to as "Buyer").
The seller has the right to refuse the delivery of goods, the sale of which is prohibited to natural persons under the age of 18, to persons under the age of 18.
The supervisory authority over the offer and sale of products and the provision of services: You can submit your questions, warnings and suggestions for carrying out an inspection to the relevant inspectorate of the Slovak Trade Inspection (SOI), which is the supervisory authority over the offer and sale of products and the provision of services. You can further address your questions, warnings and suggestions for inspection to the State Veterinary and Food Administration of the Slovak Republic as a supervisory authority over the supply and sale of food and also to the Public Health Office of the Slovak Republic as a supervisory authority over the supply and sale of cosmetic products.
SOI Inspectorate for the Bratislava region
Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava Department of Supervision
tel. no. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
website: www.soi.sk
Regional Office of Public Health Bratislava
Ružinovská 8, 820 09 Bratislava phone number: +421 917 426 111
fax: 02/43338 288
e-mail: ruvzba@uvzsr.sk
website: www.ruvzba.sk
Regional veterinary and food administration Bratislava
Polianky 8, 841 01 Bratislava Tel: 02 644 61 206 - 210 Fax: 02 644 61 208
Email: Riaditel.BA@svps.sk
2. PURCHASE AGREEMENT, PURCHASE PRICE AND GOODS
A purchase contract is a contract between the seller and the buyer agreed and concluded remotely (exclusively by means of remote communication without the simultaneous physical presence of the seller and the buyer) of the seller's e-shop. The subject of the purchase contract is the seller's obligation to deliver the ordered goods to the buyer and to transfer ownership of the goods to the buyer and the buyer's obligation to pay the purchase price for the ordered goods (hereinafter referred to as the "purchase contract").
The purchase contract is considered concluded, or is created by confirmation sent to the e-mail address of the buyer (by the seller) about the receipt of a binding electronic order of goods.
Goods are understood to be all products offered on the seller's e-shop and listed in a valid and effective list together with the seller's respective prices, in particular food, nutritional supplements.
At the same time, the buyer acknowledges that the availability of the goods presented in the e-shop is linked to the seller's stock, and therefore the seller does not guarantee the availability of the goods. In the event that the goods presented in the e-shop are not available, the seller will ensure that such goods are also unavailable in the e-shop, or so that unavailable goods cannot be placed in the "shopping cart".
Purchase price
Before the buyer submits a binding electronic order, the seller is obliged immediately before sending the order to the buyer to explicitly, unambiguously and clearly state information regarding the main characteristics of the selected goods, the total price of the goods including value added tax or, if the price cannot be determined in advance, the way in which it is calculated , as well as shipping, delivery, postage and other costs and fees. If these costs and fees cannot be determined in advance, the seller is obliged to inform the buyer of the fact that such costs or fees may be included in the total price.
The seller is obliged to ensure that the buyer explicitly confirms that he is aware that part of the electronic order is the obligation to pay the purchase price. In order to send an electronic order, it is necessary for the buyer to press the button marked "order with payment obligation" or a button marked with a similar meaning expressing the fact that placing the order includes the obligation to pay the purchase price.
3. ELECTRONIC ORDER
Creating and sending an order
A binding electronic order of goods means an electronic form sent by the buyer, processed by the e-shop system, containing the information required by the electronic form and correctly, truthfully and completely filled in by the buyer. The seller reserves the right to process orders according to the time order in which they were delivered to him.
Successful creation of an electronic order does not require registration and creation of a customer account on the e-shop website.The buyer places an order by selecting the goods he wants to buy, specified in terms of quantity, type and price, by clicking on the appropriate "Add to basket" button and then on the "Checkout" button, and at the same time by properly filling out the electronic order form, agreeing to the terms and conditions and clicking on the "Order" button with the obligation to pay".
The essential elements of an electronic order are considered to be:
Identification of the buyer in the scope of first and last name, place of residence and contact (phone number and e-mail address)
Identification of goods, their quantity
Address of the place of delivery of the goods (if this information is not provided, it is considered that the goods are to be delivered to the address of the buyer's residence (provided that this address of residence or seat, or place of business is one of the places of delivery to which the seller of the goods adds);
Name and surname of the person authorized to take over the delivered goods (if this information is not provided, it is assumed that only the buyer is authorized to take over the delivered goods).
The seller is not obliged to confirm receipt of an incomplete order. The order is considered complete at the moment of delivery of data specifying and/or supplementing the electronic order.
Order confirmation
The seller is obliged to confirm the receipt of the electronic order to the buyer (at the buyer's e-mail address specified in the electronic order) without delay, no later than 24 hours after its delivery. By confirming the electronic order (which contains the specification of the seller and the buyer, the specification of the goods, the final price of the goods, the place and time of delivery of the goods) a purchase contract is concluded between the seller and the buyer.
In case of detection of irregularities related to the confirmation of the electronic order by the seller, the buyer is obliged to notify the seller of this fact immediately by phone or by e-mail sent to the e-mail address info@zjedene.sk
Incorrect data in the order
The seller is not responsible for delivery delays and damage caused by the fact that the buyer did not enter all the required data when filling out the order form, or when registering the account, or filled out the registration form incorrectly, incorrectly, or falsely. The seller is also not responsible for damage caused to the buyer as a result of the buyer forgetting his access password and/or the buyer's access password falling into the hands of unauthorized persons without the seller's involvement.
4. CANCELLATION OF ORDER
The buyer has the right to cancel/cancel an electronic order without giving a reason at any time before its confirmation by the seller by e-mail to the address: info@zjedene.sk or by phone at tel. number: +421 910 732 307.
The seller reserves the right to cancel the electronic order or its part in the following cases:
the order could not be confirmed mainly due to incorrect contact data, the unavailability of the buyer, the failure to provide the necessary cooperation of the buyer regarding the completion of the necessary order data
the goods are no longer manufactured or supplied or the price at the supplier of the goods has changed significantly. If the buyer does not accept the proposal of the agreement from the seller and has already paid part or all of the purchase price, this amount will be transferred back to his bank account within 14 calendar days from the date of cancellation of the order by the seller.
5. RIGHT TO WITHDRAW FROM THE PURCHASE CONTRACT
Withdrawal of the buyer from the purchase contract
The buyer is entitled to withdraw from the purchase contract without giving a reason at any time before the withdrawal period begins (i.e. at any time from the conclusion of the purchase contract to the receipt of the goods).The deadline for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline.
The buyer is entitled to withdraw from the purchase contract through a written statement addressed to the seller at the postal address: ZJEDENE s.r.o. Račianska 17 831 02 Bratislava - Nové Mesto district or the e-mail address info@zjedene.sk.
The seller is obliged to provide the buyer with confirmation of delivery of the buyer's withdrawal from the purchase contract to the buyer's e-mail address immediately after receiving the withdrawal from the contract.
The buyer is not entitled to withdraw from the purchase contract if the goods are:
goods that are subject to rapid deterioration or deterioration, i.e. food, fruit, vegetables, etc.
goods which, due to their nature, can be inseparably mixed with other goods after delivery, e.g. unpackaged vegetables, fruits, etc.;
goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after submission, e.g. open cans, preserves, bottles or goods whose packaging was damaged, etc.)
Instruction on exercising the buyer's right to withdraw from the contract
The withdrawal from the purchase contract must contain the identification of the buyer and the seller, the number and date of the order, the exact specification of the goods, the way in which the seller should return the already received financial payment and the account number. If the buyer does not fulfill this obligation, withdrawal from the purchase contract is not valid and the seller is not obliged to return the purchase price to the buyer, and the seller is entitled to compensation for the costs associated with sending the goods back to the buyer.
Withdrawal from the purchase contract must be delivered to the seller by mail to the address ZJEDENE s. r. o. Račianska 17 831 02 Bratislava - Nové Mesto district or as an e-mail attachment to the address: info@zjedene.sk
The buyer is obliged to send the (intact) goods back to the address: ZJEDENE s. r. o. Račianska 17 831 02 Bratislava - Nové Mesto district or hand it over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller proposes to pick up the goods personally or through a person authorized by him. The deadline according to the previous sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
With the withdrawal of the buyer from the purchase contract, the purchase contract is canceled from the beginning. The seller is obliged to return to the buyer the purchase price paid for the goods as well as all payments that the seller received from the buyer on the basis of or in connection with the purchase agreement, including the costs of shipping, delivery and postage and other costs and fees, in the same way that the consumer used for his payment or by transfer to the buyer's account.
In case of withdrawal from the purchase contract, the seller is not obliged to return the payments mentioned in the previous paragraph to the buyer before the goods are delivered to the seller or until the buyer proves to the seller that the goods have been sent back to the seller.
When withdrawing from the purchase contract, the consumer bears the costs of returning the goods to the seller or the person authorized by the seller to take over the goods, including the costs of returning goods that, due to their nature, cannot be returned by post. The buyer bears the costs of returning the goods only if the goods fully met the quality requirements and had no defects.
Withdrawal of the seller from the contract
The seller is entitled to withdraw from the contract due to the fact that there have been such serious changes that have made it impossible to fulfill the seller's obligations arising from the contract or due to force majeure, or if, even after making all the efforts that can be fairly required of him, he is unable to deliver goods to the buyer within the period determined by these GTC. The seller is obliged to immediately inform the buyer about this fact and to return to him the already paid price for the goods agreed in the contract within 14 days from the notification of withdrawal from the contract, in the same way as the payment of the purchase price was made.
6. PRICE TERMS
The purchase price of goods offered by the seller via the e-shop is always listed next to each selected item. The purchase price is always stated with value added tax (VAT) in the appropriate amount, unless otherwise stated. Together with the confirmation of the order, an advance invoice with the preliminary purchase price including VAT will be sent to the e-mail address specified in the electronic order. The final purchase price is indicated in the final invoice and receipt receipt presented to the buyer upon delivery of the goods.
Reduction/increase in the price of goods
The seller reserves the right to unilaterally adjust (increase/decrease) the prices of the goods listed in the e-shop, with the fact that the new prices of the goods are valid on the day of their publication. For the buyer, the price of the goods stated with the goods at the time of sending the electronic order to the seller is always decisive, which the seller subsequently confirms in the acceptance of the buyer's order, unless these General Terms and Conditions stipulate otherwise.
Any increase or decrease in the price of the goods by the seller between the time the order is sent by the buyer and the delivery of the ordered goods or during a complaint or other procedure in connection with the return or exchange of the goods does not affect the price of the already ordered goods. The buyer is aware that in the event of a reduction in the price of the goods between the time the order is sent and the completion of any complaint or other procedure in connection with the return or exchange of the goods, he is not entitled to a refund of part of the purchase price for the goods in the amount of the difference between the price of the goods at the time of dispatch order to the seller and the price of the goods at the time after sending the order to the seller. In the case of a unilateral increase in the price of the goods after the buyer has sent the order to the seller, the seller is not entitled to payment of the monetary difference between the price of the goods at the time the order was sent by the buyer to the seller and the price of the goods at the time after the order was sent by the buyer to the seller.
In the event that an obviously incorrect price appears on the e-shop page for some goods, e.g. if the goods are commonly available and generally known and their price differs from the usual price, or due to a system error, the price of the goods appears as "0 EUR" or "1 EUR" or similar negligible price in relation to specific goods, the seller is not obliged to deliver the goods at an incorrect price, but can offer the buyer to deliver the goods at the correct price. If the buyer does not agree with the proper price of the goods in this case, he can withdraw from the purchase contract in writing for this reason.
7. PAYMENT TERMS
Payments are made exclusively in EUR, while the buyer is entitled to choose one of the following payment methods:
PAYMENT ON DELIVERY OF GOODS ON COD: With this method of payment, the buyer pays the entire amount for the ordered goods upon collection by the courier in cash (all delivery locations) or by credit card.
PAYMENT VIA THE BANK'S INTERNET INTERFACE: (by online payment card). The seller will state the actual price of the goods in the final invoice.
Credits collected in the profile can only be applied to EAT.
8. DELIVERY TERMS
Orders for goods will be shipped after confirmation of the order's acceptance by the seller, to the place of delivery indicated in the order, provided that it is the place of delivery according to these GTC.
Place of delivery: The seller delivers goods orders only to the places that are listed in the list of places before shipping. The buyer can only choose the delivery location from the list of pre-defined delivery locations within the Slovak Republic. It is not possible to deliver goods to places that are not in this list. Delivery of the goods is considered to be delivered to the buyer in front of the first lockable door of the apartment building or other residential space, to which the buyer is obliged to come to receive the goods.
Delivery time: The time of delivery of the goods to the buyer depends on the moment the buyer sends the goods order and the chosen place of delivery.
The seller reserves the right to specify the days during which he will not deliver the goods. Buyers will be informed about this fact in advance and on time on the e-shop page.
Delivery of the goods: The delivery of the goods is made by handing them over to the buyer. In the event that the seller or carrier delivers the goods to the buyer to the place specified in the purchase contract, the buyer is obliged to take over the goods personally or to ensure that the goods are taken over by an authorized person designated by him.
Unavailable/sold out goods:
For goods marked "UNAVAILABLE/SOLD OUT", who
rý is not in stock at the given moment, the seller is obliged to inform the buyer by e-mail or in another form about the availability of the mentioned goods as well as about the delivery times within 3 working days from the date of the buyer's request or his request for the provision of the said information or any other request from which the buyer's interest in the said goods is obvious. Delivery times for goods marked as "UNAVAILABLE/SOLD OUT" are delivery times depending on the delivery options of the seller's supplier. The seller does not guarantee the availability of goods marked as "UNAVAILABLE/SOLD OUT".
Unreasonable refusal to accept the goods: In the event that the buyer refuses to accept the goods ordered by him from the seller or carrier twice within one calendar month without reason or in any other way fails to deliver the goods, the seller reserves the right to refuse to accept the buyer's order in the month immediately following the month, in which there was an unjustified refusal to take over the goods by the buyer, this does not affect the seller's claim to compensation for damages against the buyer.
Buyer's obligation to check the shipment:
The buyer is obliged to check the physical integrity and completeness of the shipment, i.e
the goods as well as their packaging immediately after delivery and confirm these on the waybill.
If the buyer discovers that the goods or the packaging of the goods is mechanically damaged, he is obliged to immediately notify the carrier of this fact and check the condition of the goods in his presence.
If the shipment is visibly damaged or destroyed, the buyer is obliged, without taking delivery of the shipment, to make a record of the extent and nature of the damage to the goods, the correctness of which will be confirmed by the carrier, and to immediately contact the seller.
Any later claims for quantity and physical damage to the goods, if the buyer does not fulfill his obligation under this point, cannot be accepted.
Ownership of the goods: ownership of the goods is transferred to the buyer upon acceptance of the goods, subject to the suspensive condition of payment of the purchase price in full. Until the transfer of ownership rights from the seller to the buyer, who is in possession of the products and services, the buyer has all the responsibilities of a custodian and is obliged to store the products and services safely at his own expense and mark them so that they are identifiable as the seller's goods under all circumstances.
Risk of damage to the goods: The risk of damage to the goods passes to the buyer at the time when the buyer or his representative takes over the goods or when he does not do so in time, and when the seller allows him to handle the goods and the buyer does not take over the goods.
9. WARRANTY AND LIABILITY FOR DEFECTS, COMPLAINTS
The buyer has the right to complain about goods that show defects caused by the manufacturer, supplier or seller, are covered by a warranty and were purchased from the seller. The buyer is obliged to file a claim with the seller within the warranty period, otherwise the buyer's right to return the goods expires. The buyer is obliged to inspect the goods upon receipt of the goods. If he does not do so, he can make claims from defects found during this inspection, only if he proves that the goods already had these defects at the time of receipt of the goods.
The buyer does not have the right to claim a warranty for defects that the seller was informed about at the time of the conclusion of the contract, or about which, taking into account the circumstances under which the purchase contract was concluded, he must have known.The buyer is entitled to exercise the right of responsibility for product defects through a complaint with the seller at the address ZJEDENE s.r.o., with registered office at Račianska 17, Bratislava - Nové Mesto district 831 02, or at the e-mail address: info@zjedene.sk, unless the buyer and the seller agree otherwise.
Warranty period:
If the goods have an expiration date or minimum durability date marked on the packaging, the buyer must exercise the rights from liability for defects in these items without delay, no later than by the expiry of this expiration date or minimum durability date with the seller.
In the case of things that deteriorate quickly, the rights from liability for defects must be exercised no later than the day following the receipt of the goods by the buyer, otherwise the rights will expire.
For other goods, the warranty period is 24 months, which starts from the date of receipt of the goods by the buyer.
If the goods show defects, the buyer has the right to file a claim with the seller by delivering the written claim to the seller by e-mail to the e-mail address: info@zjedene.sk. The buyer is also obliged to return the claimed goods to the seller by delivery to his address: ZJEDENE s.r.o. , with registered office at Račianska 17, Bratislava - Nové Mesto district 831 02 or arrange the method of return by phone or e-mail. The method of returning goods for things that spoil quickly is agreed by the buyer with the seller by phone at tel. number: +421910732307 or by e-mail: info@zjedene.sk
The buyer is obliged to state in the written complaint:
identification data of the seller and the buyer
date and order number
specification of goods
type and extent of product defects
the requested way of handling the claim (exchange of the item, withdrawal from the contract, discount
from the purchase price, removal of product defects)
The buyer's rights from product defects/ the method of processing a claim (§ 622 and 623 of the Civil Code):
For removable defects:
the buyer has the right to demand that the defect be rectified free of charge, properly and in time, or that the defective item be exchanged for a fault-free item. The seller is obliged to remove the defect or replace the defective item with a flawless one without unnecessary delay. The seller is always entitled, at his own discretion, to exchange a defective item for a faultless one, if this does not cause serious difficulties for the buyer.
if these are removable defects, but if the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects, the buyer has the right to exchange the item or has the right to withdraw from the contract and return the purchase price
In case of an irreparable defect that prevents the thing from being properly used as a thing without a defect:
the buyer has the right to exchange the item
the buyer has the right to withdraw from the contract and return the purchase price
Defects in food and nutritional supplements are always considered irreversible.
For other non-removable defects:
the buyer has the right to a reasonable discount from the purchase price.
The right to claim the guarantee expires:
upon expiration of the warranty period of the goods,
mechanical damage to the goods caused by the buyer, or
operating or storing the product in unsuitable conditions
by not reporting obvious defects when taking over the goods,
using the goods in conditions that do not correspond to the natural environment due to their humidity, chemical and mechanical effects,
by not presenting proof of payment, delivery note or warranty note, accessories or documentation of the goods, if they were delivered to the buyer together with the goods,
by unprofessional handling, service, or neglect of the care of the goods,
damage to the goods by accidental destruction and accidental deterioration,
damage to the goods due to unavoidable and/or unforeseeable events,
damage to the goods due to excessive loading, or use contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
interference with the goods by an unauthorized person,
unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure.
The warranty does not apply to defects caused by normal use or wear and tear of the goods, as well as defects occurring on the goods at the time of sale, which the buyer did not inform the seller or carrier of when taking over the goods.
Storage of goods:
The buyer is obliged to store the purchased goods according to the manufacturer's instructions on the packaging, or in the usual way
and appropriate for the given type of goods. The claim will not be recognized if the Buyer has demonstrably failed to follow the manufacturer's instructions, or the defect was caused by its improper handling and storage.
Complaints about goods do not have a suspensive effect on the payment of the purchase price.
Complaint procedure:
The complaint procedure for goods that can objectively be delivered to the seller begins on the day when all the following conditions are met:
filing a claim with the seller
delivery of the claimed goods to the seller
The complaint procedure for goods that cannot objectively be delivered to the seller and that are firmly embedded begins on the day when all the following conditions are met:
filing a claim with the seller
inspection of the claimed goods by a third party designated by the seller, who will issue a written confirmation of the inspection to the buyer.
On the day of receipt of the complaint, the seller will issue to the buyer a document of receipt of the complaint of the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately indicate the defects of the goods.
The seller handles the goods complaint immediately, in more complex cases within 3 working days from the beginning of the complaint procedure. This deadline does not include the time required for expert assessment of the defect. However, handling of the complaint may not take longer than 30 days from the date of initiation of the complaint procedure. If processing the complaint takes longer than 30 days, the buyer has the same rights as if it were an irreparable defect that prevents the item from being properly used as an item without a defect that cannot be removed (the buyer can exercise the right to exchange the item or the right to withdraw from contract and refund of the purchase price).
The seller will notify the result of handling the complaint in writing (by e-mail, mail). All valid warranty repairs are free of charge. In the event that the seller or a third party servicing the goods decides that the claim is not justified, the seller will send the goods at his own expense to an expert, authorized, notified or accredited person for expert assessment.
10. PROCEDURE FOR HANDLING COMPLAINTS AND INITIATIVES
The buyer is entitled to send any complaint or suggestion regarding the subject of the seller's business activity to the seller at the e-mail address: info@zjedene.sk The seller is obliged to respond to the complaint or suggestion within 7 working days at the latest from the delivery of the complaint or suggestion.
11. ALTERNATIVE DISPUTE RESOLUTION
The buyer has the right to contact the seller with a request for correction (by e-mail to info@zjedene.sk) if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. If the seller responds negatively to this request or does not respond to it within 30 days of sending it, the buyer (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 alternative resolution of consumer disputes and on amendments to certain laws (hereinafter referred to as "Act No. 391/2015 Coll.").
ARS subjects are authorities and authorized legal entities according to §3 of Act no. 391/2015 Coll., their list is kept by the Ministry of the Economy of the Slovak Republic, which is available online at the following Internet address: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne- rieseniespotrebitelskych-sporov-1/zoznam- subjects-of-alternative-solution-of-consumer-disputes-1
For consumer disputes arising between the seller and the buyer (consumer), the relevant Slovak trade inspection pursuant to § 3 par. 2 letters c) Act no. 391/2015 Coll., this does not affect the previous sentence.
The proposal can be submitted by the Consumer in the manner determined according to §12 of Act no. 391/2015 Z. z.. The consumer can also file a complaint through the alternative dispute resolution platform RSO (online dispute resolution), which is available online at the following Internet address: https://ec.europa.eu/consumers/odr/main/ index.cfm?event=main.home2.show&lng=SK
The proposal is submitted by the consumer to the relevant body of alternative dispute resolution; the possibility of turning to the court is not affected by this.
If several alternative dispute resolution entities are responsible for alternative dispute resolution, the consumer has the right to choose which of them to submit a proposal to. Provisions of the contract, which oblige the consumer to submit a proposal to a predetermined alternative dispute resolution entity, are not taken into account.
The proposal must include:
consumer's first and last name, delivery address, e-mail address and telephone contact, if any,
exact description of the seller,
a complete and comprehensible description of the decisive facts,
indication of what the consumer is seeking,
the date when the consumer contacted the seller with a request for correction and information that the attempt to resolve the dispute directly with the seller was fruitless,
a statement that the same proposal has not been sent to another entity of alternative dispute resolution, the court or arbitration court has not decided on the matter, no mediation agreement has been concluded in the matter, nor has alternative dispute resolution been concluded in the matter in accordance with § 20 par. 1 letter a) to e)
documents related to the subject of the dispute, which prove the facts stated in the proposal.
The proposal can be submitted in paper form, in electronic form or orally in the minutes. To submit a proposal, the consumer can use the form, the model of which is given in Annex no. 1 and which is also available on the website of the Ministry and each subject of alternative dispute resolution. If the proposal does not contain the above-mentioned requirements or if it is not accompanied by the documents necessary for its assessment, the subject of alternative dispute resolution immediately informs the consumer about the shortcomings of the proposal, how they should be eliminated and invites him to complete the incomplete or incomprehensible proposal in period, which must not be shorter than 15 days. At the same time, the subject of alternative dispute resolution will instruct the consumer about the consequences of not completing the proposal within the specified period.
Alternative dispute resolution can only be used by the buyer - consumer - a natural person who, when concluding and fulfilling the consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a buyer-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 in which the quantifiable value of the dispute does not exceed €20. Alternative dispute resolution by alternative dispute resolution bodies is free of charge. An authorized legal entity may stipulate in its rules of alternative dispute resolution that it is entitled to demand from the consumer a fee for initiating an alternative dispute resolution in an amount that it publishes on its website. 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.
12. COMPETITIONS
Any natural person can participate in the competition, unless a minimum age limit of 18 years or another age limit that meets all the special conditions of the competition published on the website, or in another suitable form - social networks, has been determined in the special conditions. It is possible to apply for the competitions via web pages by filling in and sending a web form, or in another announced way (in person, by phone, by e-mail, SMS, post, via social networks). By registering for the competition, participants express their consent to follow these general conditions of competitions, as well as the special conditions of a specific competition.
The prize will not be handed over to the winner unless the winner fully agrees to these conditions and fulfills the requirements arising from them. The competition takes place exclusively on the territory of the Slovak Republic.
Employees of the organizer, business partners who donate winnings to competitions, or competitions are sponsored, technically ensured or cooperated in their implementation by their employees and family members.
Conditions for obtaining and handing over the prize.The winner is the person who properly and most successfully fulfilled all the conditions of the competition, provided the data necessary for the proper and unmistakable identification of his person in the prescribed form for the purpose of realizing the rights and obligations according to these conditions, and was declared the winner according to the conditions of the competition.
The winner of the competition is obliged to accept the prize on the date and in the manner announced by the organizer of the competition, unless other conditions for accepting the prize result from the content and nature of the competition. The winner is obliged to show a valid identity card when accepting the prize. A legal representative accepts the prize for a minor winner.The prize is non-transferable and belongs exclusively to the winner.
In the event that the winner of the competition does not claim the prize in the manner announced by the organizer, the winner's right to the prize shall expire without the winner being entitled to any monetary or non-monetary compensation from the competition organizer. The participant of the competition acknowledges that winnings from bets and games are not possible according to the applicable legislation
13. TRANSITIONAL AND FINAL PROVISIONS
These general terms and conditions (hereinafter referred to as "GTC") regulate the rights and obligations of the seller and the buyer when purchasing goods and are an integral part of the purchase contract. For the avoidance of doubt, these General Terms and Conditions apply to the delivery of goods ordered via the e-shop in the territory of the Slovak Republic.
By sending an electronic order, the buyer confirms that he has familiarized himself with the General Terms and Conditions and without any reservations agrees that the General Terms and Conditions and their provisions will apply to all purchase contracts and to all legal relationships between the seller and the buyer, which arose in particular during the conclusion of the purchase contract, complaints goods and withdrawal from the purchase contract.
The seller reserves the right to change the GTC. The obligation of written notification of changes in these General Terms and Conditions is fulfilled by placing the updated General Terms and Conditions on the website of the seller's e-shop.
The legal relations between the seller and the buyer, who is a consumer, not expressly regulated in these GTC, are governed by 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, by Act no. 22/2004 on electronic commerce and Act no. 40/1964 Coll. Civil Code.
Legal relations between the seller and the buyer, who is not a consumer, not expressly regulated in these GTC are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code.
On the day of publication of the new General Terms and Conditions, the previous General Terms and Conditions become ineffective. Any changes to these GTC take effect on the day they are published on the e-shop page. The obligation of written notification of changes to the GTC is fulfilled by placing it on the e-shop page.
In the event that any provision of these GTC is or becomes invalid, ineffective and/or unenforceable, this does not affect the validity, effectiveness and/or enforceability of the other provisions of these GTC, unless the very nature of such provision precludes this in accordance with the relevant legal regulations. The parties undertake, without undue delay, after discovering that any of the provisions of the purchase contract or these GTC is invalid, ineffective and/or unenforceable, to replace the affected provision with a new valid provision, the content of which will fulfill the purpose of the original provision to the greatest extent possible.
In Bratislava on January 24, 2024
ZJEDENE s .r. o.
Ing. Štefan Zelenay, konateľ