General terms and conditions of the online store (e-shop)

Article I. Definition of terms  

The operator of the website (e-shop) is EDES, s.r.o., ID number: 55532489, with registered office at Ivanska cesta 36, 821 04 Bratislava, Slovak republic.  Municipal Court Bratislava III, Department: Sro, File number: 46652/S
The seller is EDES, s.r.o., ID number: 55532489, with registered office at Ivanska cesta 36, 821 04 Bratislava, Slovak republic. Municipal Court Bratislava III, Department: Sro, Insert number: 46652/S
The supplier of the goods and services offered in the e-shop www.dessue.com is EDES, s.r.o., IČO: 55532489, with its registered office at Ivanska cesta 36, 821 04 Bratislava, Slovak republic. Municipal Court Bratislava III, Department: Sro, Insert number: 46652/S
A buyer is any e-shop visitor who has created a binding order through the e-shop. For the purposes of the Act, especially Act No. 102/2014 Coll. consumer means a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession.
An e-shop is a computer system located on the Internet with public access, which enables remote ordering of goods and services via an electronic device.
Goods or services are all products published on the e-shop pages that can be ordered (they have a stated price and this price is not zero).
The buyer fully accepts electronic communication, especially through the e-shop, e-mail communication as well as telephone communication, as long as it is indisputable that the seller is communicating with the buyer or a person authorized by him.
To the relationship between the seller and the buyer, which arose otherwise than through electronic devices at a distance and is not a relationship between the provider of information society services and the recipient of information society services, these general terms and conditions apply only to the extent necessary, which corresponds to legal regulations and the logical arrangement of the matter , unless otherwise agreed between them.

Article II. The price

All listed prices for goods and services are final.
The seller is bound by the price indicated on the e-shop page at the time of making the purchase.

Article III. An order

An order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including completely filling out the order form and sending it to the seller. For correct and orderly processing of the order, it is necessary to fill in the required data in the order and choose the shipping and payment options for the ordered goods or services.
By sending the order, the buyer agrees to the price of the ordered goods and services. Once sent, the order becomes binding for the buyer, i.e. it is a proposal for concluding a purchase contract with the seller.
After sending the order in the e-shop, an information e-mail is automatically generated and sent to the buyer that the buyer's order has been delivered to the seller by the e-shop for processing. This e-mail is not a confirmation of goods in the sense of par. 4 of this article.
Confirmation of the order by the seller creates a purchase contract, which can be changed or supplemented only on the basis of a mutual agreement between the buyer and the seller, unless the law or other legal regulation stipulates otherwise. Confirmation of the order by the seller is an electronic message from the seller sent to the buyer's e-mail address or a short text message sent to the buyer's mobile phone number, which the buyer indicated in his order, with information to what extent the acceptance of the buyer's order is undisputed. An electronic message from the seller that does not confirm, rejects or rejects the buyer's order, or otherwise clearly does not accept is the rejection of the buyer's order.
If the seller is not able to fulfill the order or part of it within the deadline for processing the order while making the best effort, for reasons such as that the goods are not produced, are not available at the manufacturer or at the supplier's external warehouse, the manufacturer has made such serious changes that it is impossible to implement the order or for reasons of force majeure, the seller can cancel the order, about which he will send an e-mail to the buyer. The seller also has the right to cancel the order if the buyer has provided false or misleading information in the order that cannot be verified, for example an incorrect e-mail, telephone contact or incorrect or non-existent address. If the buyer has paid an advance, the seller is obliged to return it to him within 14 days.

Article IV. Terms of payment

1. It is possible to pay for goods and services in the e-shop in the following ways:

a. cash on delivery payment (you pay directly to the courier when you pick up the goods)

b. payment through a payment gateway via a payment card or via PayPal

c. payment upon personal collection at the store

2. Surcharges for individual payment options are listed in Art. VI of these general terms and conditions.

3. The seller may provide the buyer with discount options:

a. a discount from the price for registering in the e-shop,

b. repeat purchase discount,

c. discount based on a one-time discount coupon,

4. The discounts provided cannot be cumulated.

Article V. Delivery conditions

The seller is obliged to send the goods to the buyer within 24 hours (on working days) from the creation of the order, but no later than 14 days, unless otherwise agreed, or if a longer delivery period has not been specified for the goods.
If the goods are in stock, they are shipped according to capacity in the shortest possible time.
If the order contains several goods and services and some of them are not in stock, we inform the buyer about this with the possibility of partial deliveries.
Along with the goods, the customer is sent an invoice (tax document), instructions as well as other documents related to the goods or service from the manufacturer.
The place to which the goods are delivered is considered the place of performance.
The seller carries out transport to the buyer through:

a. of the courier company GLS-europe and  International Post Office

Article VI. Shipping fees, packaging and payment options

1. When paying in advance to a bank account on the basis of an advance invoice or through payment gateways, we charge for transport:

a. when transported by a courier company with delivery within 2 working days after dispatch from our warehouse - from €1.50

2. When paying on cash on delivery (you pay upon collection to the courier):

a. when transported by a courier company with delivery within 2 working days after dispatch from our warehouse - from €2.50

3. The above fees apply to transport to the territory of the Slovak Republic.

4. The seller can also agree with the buyer on a procedure other than the standard (mentioned above) when sending goods or services, as well as prices for these services.

5. The seller can send the goods that are immediately available to the buyer and deliver the remaining part of the order additionally within the legal period, but provided that the buyer will not be charged any additional postage, except for what was included in the order.

Article VII. Transfer of ownership

1. The right of ownership passes from the seller to the buyer at the moment of taking over the item from the seller or carrier.

Article VIII. Cancellation of the purchase contract

1. The buyer has the right to cancel the ordered goods or services within 24 hours from the conclusion of the purchase contract without a cancellation fee for goods that are made to order, according to the specific requirements of the consumer or specifically for one consumer.

Article IX. The right of the consumer to return the goods without giving a reason and the instruction of the consumer

On the basis of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and addition of certain laws (hereinafter referred to as "the Law") according to the provisions of § 7 et seq. the right to withdraw from the purchase contract within 14 calendar days days from the day of receipt of the goods, if the seller has fulfilled the information obligations according to this law, for other cases, paragraph 2 or 3 of the Act. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before the delivery of the goods.
If the consumer wishes to use this right, the consumer is obliged to personally deliver a written withdrawal from the purchase contract no later than on the last day of the specified period to the contact address of the seller during his operating hours, or to submit this withdrawal by postal transport no later than on the last day of the period to the address specified in contacts, or such exercise of the right can also be exercised in the form of a record on another durable medium. After notification of withdrawal from the contract, the consumer is obliged to personally send or deliver the object of the contract from which he is withdrawing together with all documentation - e.g. the original invoice, instructions and other documentation for the goods, which were delivered to him together with the goods, but no later than 14 days from the day of withdrawal (§10 paragraph 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. To withdraw from the contract, you can use the following form: Withdrawal from the purchase contract, in which you need to fill in the minimum data marked with "*" - an asterisk. (http://www.nakupujbezpecne.sk/…20zmluvy.pdf).
Do not send the goods to us on cash on delivery, the shipment will not be accepted.
The operator of the e-shop will return the payment made for the goods / service, including the costs of transport within the meaning of paragraph §9 par. 3) Act no. 102/2014 Coll. as well as the costs demonstrably spent on ordering the goods within 14 days from the date of delivery of the withdrawal from the contract, but he does not have to return the money before the goods are delivered to him or the consumer does not prove that the goods have been sent, this does not apply if the seller suggested that he collect the goods himself.
The cost of returning the goods is borne by the consumer.
The right to withdraw from the contract does not apply to goods and services defined in §7 par. 6 letters. a) to l) of Act no. 102/2014. z.z.

The consumer cannot withdraw from the contract to which he is subject

a) the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service took place,

b) the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,

c) sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,

d) sale of goods that are subject to rapid deterioration or deterioration,

e) sale of 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 delivery,

f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

g) sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence,

h) performing urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,

i) sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the consumer has unpacked this packaging,

j) sale of periodicals, with the exception of sales based on a subscription agreement and sale of books not supplied in protective packaging,

k) provision of accommodation services for a purpose other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,

i) sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the consumer has unpacked this packaging,

j) sale of periodicals, with the exception of sales based on a subscription agreement and sale of books not supplied in protective packaging,

k) provision of accommodation services for a purpose other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,

l) provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

The consumer bears any reduction in the value of the goods, which was caused by its use beyond the scope necessary to determine the functionality and properties of the goods.
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Article X. Rights and obligations of the contracting parties

The seller and the buyer are considered to be the parties to the contract.
The buyer is obliged to:

a. take over the ordered goods,

b. pay the agreed remuneration to the seller for the goods taken over,

c. check the integrity of the package or and the goods themselves when they are received.

3. The seller is obliged to: a. deliver the goods to the customer in the required quality, quantity and at the agreed price,

b. together with the goods or additionally send the customer all documents related to the goods, such as the invoice for the goods, complaint form, user manual in a codified form of the Slovak language.

Article XI. Privacy

Personal data are processed in accordance with Act No. 18/2018 Coll. on the protection of personal data, as amended.
The operator does not provide the buyer's personal data to a third party, except for the selected transport company that ensures the delivery of goods or services, or to state authorities in the event of an inspection, or to an intermediary on the basis of a mutual agreement concluded in accordance with Act no. 18/2018 Coll.
The operator is obliged to secure personal data before making them available to unauthorized persons, by adopting appropriate technical and organizational measures. Also, all employees of the operator are obliged to observe confidentiality in relation to personal data.
The person concerned has the rights defined in the sense of para. § 19 et seq. Act no. 18/2018 Coll. on the protection of personal data as amended, specifically:
the right to information, which is fulfilled by this content and terms and conditions,
the right to request access to personal data concerning the person concerned - § 21 of the Act consists in your right to request in what way and for what purposes your data is processed, while you can address this request to the contact e-mail.,
the right to correct personal data – § 22 of the Act allows you to correct personal data if they are out of date,
the right to delete personal data - § 23 of the Act, you can use it if you are not interested in the operator continuing to process personal data,
the right to restrict the processing of personal data - § 24 of the Act, if you believe that personal data has been processed in violation of the law,
the right to object to the processing of personal data - § 27 of the Act,
the right to portability of personal data,
the right to submit an initiative to the supervisory authority in relation to the processed personal data.

5. The operator obtains the following personal data from the buyer: title, first name, last name, address, delivery address, billing address, telephone number, e-mail address, which are processed for the purpose of correct processing of your order. This personal data is kept for 10 years for archival purposes. As part of the processing of the order, personal data is processed for the purpose of issuing invoices, issuing warehouse (delivery) notes, ensuring transport as well as accounting.

6. These sites record your IP address, information about how much time you spend browsing those sites, and information about which sites you come to us from. Cookies are text files that are stored on your computer and are also used to measure site traffic and customize the display of pages, and thanks to these files we can offer you better content. Therefore, we perceive these files as our legitimate interest. Some cookies are files of third parties, e.g. Youtube, Google and the like.

7. You can delete cookies at any time or set their collection directly in the Internet browser settings. If you want to refuse the collection of cookies, set it in your internet browser.

8. If the buyer agreed to the processing of personal data in the e-shop for the purposes of e-mail marketing, he agreed to the sending of e-mail messages to the contact e-mail address.

9. Personal data for e-mail marketing purposes in the scope of first and last name, e-mail address are provided for a period of five years. These personal data are not provided to third parties.

10. The buyer can revoke his consent at any time by sending a Revocation with the processing of personal data, while we delete them immediately. Logging out is also possible by unchecking the box in the user's user account (if the buyer has requested the creation of a user account). We will no longer use the personal data provided by you for email marketing purposes.

11. The operator entrusted an intermediary who is the operator of the internet portal heureka.sk with the service Verified by customers, the company Heureka Shopping, s.r.o. with registered office at Karolínsa 650/1, 186 00 Prague, ID: 02387727, to process personal data on behalf of the e-shop operator in the scope of first name, last name, e-mail and information about the ordered goods for the purpose of evaluating the quality of the purchase. For the purposes of this evaluation, the intermediary will send a one-time e-mail to the buyer with the possibility of evaluation, while the consumer can decide not to grant consent under this point.
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Article XII. Final provisions

The seller reserves the right to amend these general terms and conditions and complaint conditions even without prior notice to the buyer. In the event of a change to the general business conditions or complaint conditions, the entire purchase process is governed by those general business conditions that were valid at the time the order was sent by the buyer and are accessible on the seller's website.
Complaint conditions are also an integral part of these general terms and conditions.
By sending the order, the buyer has read the general business conditions as well as the complaint conditions.
These conditions were developed as part of the nakupujbezpecne.sk e-shop certification project
These general business conditions and complaint conditions are available at the company's headquarters for inspection by buyers, as well as published on the e-shop website.
If the consumer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to contact the seller with a request for redress. If the seller responds negatively to the request for correction or does not respond to it within 30 days from the day it was sent, the consumer has the meaning of § 12 of Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, the right to submit a proposal to start an alternative resolution of your dispute. The competent entity for the alternative resolution of consumer disputes with the operator of the e-shop is the Slovak Trade Inspection (www.soi.sk) or another relevant authorized legal entity registered in the list of entities for alternative resolution of disputes maintained by the Ministry of Economy of the Slovak Republic (http://www.economy.sk). gov.sk/...skych-sporov), while the consumer has the right to choose which of the listed entities for alternative resolution of consumer disputes to turn to. At the same time, the consumer can use the online dispute resolution platform, which is available at http://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative resolution of their dispute. The consumer can find information about fees for the proposal on the website of a specific alternative dispute resolution entity.
Relationships not otherwise regulated in these general terms and conditions as well as in their integral parts (appendices) are governed by the relevant provisions, primarily Act No. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 18/2018 Coll., Act no. 22/2004 Coll. as well as Act no. 513/1991 Coll.
In case of concluding another contract with the buyer with different conditions, the conditions stated in the contract take precedence over the general business conditions.
The supervisory authority is the Inspectorate of the Slovak Trade Inspectorate with headquarters in Bratislava for the Bratislava Region. Prievozská 32, P.O.BOX 5, 820 07 Bratislava 27. 9. The company is registered in the OR of the District Court Bratislava I. department. Ltd., in insert no. 125001/B.
These general terms and conditions, including their integral parts, become valid and effective.
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Complaint conditions of the online store (e-shop) are an integral part of the general terms and conditions

Complaints can only be made on goods that were purchased from the seller and that are owned by the consumer.
If the buyer is a consumer (a natural person who does not act within the scope of his business activity, employment or profession), all offered goods are guaranteed for a period of 24 months, unless otherwise stated with the goods and the procedure is in accordance with the Consumer Protection Act and of the Civil Code and these complaint conditions. If the buyer ordered a used item and the buyer was informed about it, the warranty period is 12 months. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year, and these complaints are not covered by these complaint conditions.
The warranty period begins on the day of receipt of the goods from the transport company or directly from the seller if the goods are collected by the buyer personally, on the day of receipt.
The buyer is obliged to file a claim with the seller immediately after discovering the defect.
Liability for defects does not apply to defects caused by the following use:

a. the defect was caused by mechanical damage to the product caused by the buyer,

b. by mishandling the product, in a way other than what was stated in the instructions for use,

c. using the goods in conditions that do not correspond to the humidity, chemical and mechanical effects of the natural environment of the goods according to the instructions, d. neglecting the care and maintenance of the goods,

e. damage to goods due to excessive loading,

f. by using the goods contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations or other violation of the warranty conditions.

6. Defects caused by a natural disaster are also excluded from liability for defects.

7. Liability for defects also does not apply to normal wear and tear of the goods (or its parts) caused by the use of the goods. It is not possible to consider as a defect, as already follows from the nature of the thing, its minimum durability period or the period of consumption, which can be limited to a shorter time. The minimum durability period, shelf life, consumption period or similar period is indicated on the goods if the goods are subject to such marking.

8. Claimed goods must be sent to our address listed below, but not cash on delivery or personally delivered to the contact address. The goods need to be packed appropriately so that there is no damage to the goods during transport, and we recommend sending the goods by registered mail or as an insured shipment. A copy of the proof of purchase (invoice) and a description of the defect must be attached to the product, or we recommend attaching a completed Complaint Form together with the proof of purchase. (http://www.nakupujbezpecne.sk/…klamacia.pdf). It is advisable to send the complaint in writing (by post) or in person.

9. The seller confirms the receipt of the complaint and issues a confirmation of the application of the goods complaint to the buyer in an appropriate form. The day of its delivery to the seller is considered the day of application of the claim. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of handling the claim. Confirmation of handling the claim will be sent in writing.

10. The seller is obliged to determine the method of handling the claim immediately, in complex cases within 3 days from the date of application of the claim. In justified cases, especially if a complex technical evaluation of the goods is required, no later than 30 days from the date of application of the claim. After determining the method of handling the complaint, the seller will handle the complaint immediately, in justified cases, the complaint can be handled later. However, processing of the claim must not take longer than 30 days from the day the claim is applied. After the expiry of the 30-day period for processing the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or have the right to exchange the goods for a new one.

11. Buyer's rights when applying for a claim: a. if it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly, while this defect must be removed without unnecessary delay, b. the buyer can demand the replacement of the item instead of removing the defect, or the defect concerns only a part of the item, the replacement of the part if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect, c. instead of removing the defect, the seller can replace the defective item with a flawless item, if this does not cause serious difficulties for the buyer, d. if it is a defect that cannot be removed and which prevents the proper use of the item, the buyer has the right to exchange the item or withdraw from the contract. The buyer has the same right in the event that the defects can be removed, but the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects, e. if there are other non-removable defects, the buyer has the right to a reasonable discount from the price of the item.

12. The complaint is considered settled if the complaint procedure ends with the delivery of the claimed goods, its exchange or return of the purchase price of the goods, a written invitation to take over the performance or its justified rejection. The consumer is informed about the result of the complaint procedure within the legal deadline.

13. No damage to goods, or the integrity of the packaging (according to the instructions when receiving the goods) must be checked when receiving the goods, as the goods may be damaged during transport. We recommend buyers to unpack the goods and inspect them in the presence of the carrier. With your signature, you declare to the courier that the packaging is undamaged.

14. These complaint conditions are an integral part of the general terms and conditions, and the seller reserves the right to change them at any time even without prior notice to the seller.

In Bratislava 03.11.2023
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