General terms and conditions of the online shop (e-shop)
Article I. Definitions

The operator of the website (e-shop) is M23, s.r.o., ID No.: 55 667 376 , with registered office at Ivanská cesta 36, 821 04 Bratislava, Municipal Court Bratislava III , Section: Sro, File No.: 173560/B
The Seller is M23, s.r.o., ID No.: 55 667 376 , with registered office at Ivanská cesta 36, 821 04 Bratislava, Municipal Court Bratislava III , Section: Sro, File No.: 173560/B
The supplier of goods and services offered in the e-shop www.dessue.com is M23, s.r.o., ID No.: 55 667 376 , with registered office at Ivanská cesta 36, 821 04 Bratislava, Municipal Court Bratislava III , Section: Sro, File No.: 173560/B
The buyer is any visitor to the e-shop who has created a binding order through the e-shop. For the purposes of the Act, in particular Act No. 102/2014 Coll., a consumer is a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession.
An e-shop is a computer system located on the internet network with public access, which enables the ordering of goods and services remotely by means of an electronic device.
Goods or services are all products published on the e-shop website that can be ordered (they have a price and this price is not zero).
The Buyer fully acknowledges electronic communication, in particular via e-shop, e-mail communication as well as telephone communication, as long as it is undisputed that the Seller is communicating with the Buyer or a person authorised by the Buyer.
These General Terms and Conditions shall apply to the relationship between the Seller and the Buyer, which has been established otherwise than by means of remote electronic devices and is not a relationship between the provider of information society services and the recipient of information society services, only to the extent necessary to comply with the legal provisions and the logical order of things, unless otherwise agreed between them.
Article II. Price

All prices quoted for goods and services are final.
The Seller is bound by the price indicated on the e-shop website at the time of purchase.
Article III. Order

An order is created by confirming the ordering process in the e-shop by selecting the goods or services by the Buyer, including the complete completion of the order form and its sending to the Seller. For the correct and proper execution of the order, it is necessary to fill in the required data in the order form and to choose the options of transport and payment for the ordered goods or services.
By sending the order, the Buyer agrees to the price of the ordered goods and services. By sending the order, it becomes binding for the Buyer, i.e. it is a proposal to conclude a purchase contract with the Seller.
After submitting the order in the e-shop, an information e-mail is automatically generated and sent to the Buyer informing that the Seller has received the Buyer's order for processing by the e-shop. This e-mail is not a confirmation of the goods within the meaning of paragraph 4 of this article.
Confirmation of the order by the Seller creates a contract of sale, which may only be amended or supplemented by mutual agreement between the Buyer and the Seller unless otherwise provided by law or other legal regulation. Confirmation of the order by the Seller is an electronic message sent by the Seller to the Buyer's e-mail address or a short text message sent to the Buyer's mobile phone number provided by the Buyer in its order with information to what extent the Buyer's acceptance of the order is uncontested. An electronic message from the Seller that does not confirm, reject or refuse or otherwise clearly does not accept the Buyer's order is a rejection of the Buyer's order.
If the Seller is not able to fulfil the order or part of it within the time limit for processing the order with the best efforts due to reasons such as the goods are not produced, are not available from the manufacturer or the external warehouse of the supplier, the manufacturer has made such serious changes that the order cannot be fulfilled or for reasons of force majeure, the Seller may cancel the order, of which the Seller 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, such as an incorrect e-mail, telephone contact or an incorrect or non-existent address. If the Buyer has paid an advance payment, the Seller is obliged to return it to the Buyer within 14 days.
 

Article IV. Payment terms

1. The following payment methods are available for goods and services in the e-shop:

a. payment on delivery (you pay directly to the courier when collecting the goods)

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

c. payment upon personal collection at the shop

2. The surcharges for each payment option are set out in Article VI of these General Terms and Conditions.

3. The Seller may provide the Buyer with discount options:

a. A discount on the price of registration to the e-shop,

b. a discount for repeat purchases,

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

4. The discounts granted cannot be cumulated.

Article V. Terms of Delivery

The Seller is obliged to send the goods to the Buyer within 24 hours (in working days) from the creation of the order, but no later than 14 days, unless otherwise agreed, or unless a longer delivery period has been specified for the goods.
If the goods are in stock, they are dispatched as soon as possible according to capacity.
If there are several goods and services in the order and some of them are out of stock, we inform the buyer about this with the possibility of partial deliveries.
Together with the goods, the customer is sent an invoice (tax document), instructions as well as other documents for the goods or services from the manufacturer.
The place of performance shall be deemed to be the place to which the goods are delivered.
The Seller carries out the delivery to the Buyer by:
a. courier company Packeta Slovakia, s.r.o. , Bratislava

Article VI. Charges for carriage, packing 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 the following for transport:

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

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

a. for delivery by courier with delivery within 2 working days after dispatch from our warehouse - from 2,50 €

3. The above charges apply for shipping to the territory of the Slovak Republic.

4. The Seller may also agree with the Buyer on a procedure other than the standard (above) procedure for sending goods or services as well as the prices for these services.

5. The Seller may send the goods which are immediately available to the Buyer and deliver the remaining part of the order additionally within the statutory period, provided that the Buyer will not be charged any additional postage, except for that which was included in the order.

Article VII. Transfer of Title

1. Title shall pass from the Seller to the Buyer upon receipt of the item from the Seller or the 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 origin of the purchase contract without cancellation fee for goods that are custom-made, according to the specific requirements of the consumer or specifically for one consumer.

Article IX. Consumer's right to return the goods without giving a reason and consumer's instructions

Pursuant to Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts (hereinafter referred to as "the Act"), the consumer has the right to withdraw from the purchase contract within 14 calendar days from the date of receipt of the goods, if the seller has fulfilled the information obligations under this Act, for other cases, paragraph 2 or 3 of the Act shall apply. If the subject matter of the sales contract is the delivery of goods, the consumer shall also have the right to withdraw from the contract before the delivery of the goods.
If the consumer wishes to make use of this right, he shall be obliged to deliver the written withdrawal from the contract of sale in person on the last day of the specified period at the latest to the contact address of the seller during the seller's business hours or to submit the withdrawal by post on the last day of the period at the latest to the address indicated in the contacts, or such exercise of the right may also be made in the form of a notation on another durable medium. After notification of withdrawal, the consumer is obliged to send or deliver in person the subject of the contract from which he withdraws together with all documentation - e.g. the original invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than 14 days from the date of withdrawal (§10 (1) of the Act). Buyers are advised to make a copy of the invoice for their own use and to send the goods by registered mail and as insured delivery. You can use the following form to withdraw from the contract: Withdrawal from the Purchase Contract, in which it is necessary to fill in at least the data marked with "*" - an asterisk. (http://www.nakupujbezpecne.sk/...20zmluvy.pdf).
Do not send us goods on delivery, the parcel will not be accepted.
The operator of the e-shop will return the paid performance for the goods / service, including shipping costs in accordance with § 9 (3) of Act No. 102/2014 Coll. as well as the costs demonstrably incurred for ordering the goods within 14 days from the date of receipt of the withdrawal from the contract, but does not have to return the money before the goods are delivered or the consumer does not prove the shipment of the goods, this does not apply if the seller has proposed that he picks up the goods himself.
The cost of returning the goods shall be borne by the consumer.
The right of withdrawal does not apply to goods and services as defined in §7(6)(a) to (l) of Act No. 102/2014. Z.z.
The consumer may not withdraw from a contract the subject of which is

a) the provision of a service, if the provision of the service has commenced with the express consent of the consumer and the consumer has declared that he has been duly informed that by expressing such consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,

(b) the sale of goods or the provision of services the price of which depends on price movements on the financial market which are beyond the control of the seller and which may occur during the withdrawal period,

(c) the sale of goods made to the consumer's specific requirements, custom-made goods or goods specifically intended for a single consumer,

(d) the sale of goods which are subject to rapid deterioration or perishability,

(e) the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,

(f) the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,

(g) the sale of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, the delivery of which can take place at the earliest after 30 days and the price of which depends on market price movements beyond the control of the seller,

(h) the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this shall not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order those services or goods in advance,

(i) the sale of sound recordings, visual recordings, phonograms or computer software sold in protective packaging where the consumer has unwrapped that packaging,

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

(k) the provision of accommodation services for purposes other than housing, the transport of goods, the hire of cars, the provision of catering services or the provision of services relating to leisure activities and under which the seller undertakes to provide those services at an agreed time or within an agreed period,

(l) the provision of electronic content other than on a tangible medium, where the provision of that content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.

The consumer shall bear any diminution in the value of the goods caused by their use beyond what is necessary to establish the functionality and characteristics of the goods.
 

Article X. Rights and obligations of the parties

The Seller and the Buyer shall be deemed to be the parties to the Contract.
The Buyer shall:
a. Take delivery of the ordered goods,

b. pay the agreed consideration to the Seller for the goods received,

c. to check the integrity of the packaging or the goods themselves when collecting them.

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 to the customer all documents related to the goods, such as the invoice for the goods, the claim letter, the instruction manual in a codified form of the Slovak language.

Article XI. Protection of personal data

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 personal data of the buyer to a third party, except for the selected transport company that ensures the delivery of goods or services, or to state authorities in case of inspection, or to an intermediary on the basis of a mutual contract concluded pursuant to Act No. 18/2018 Coll.
The controller is obliged to secure personal data against their disclosure to unauthorised persons by taking appropriate technical and organisational measures. Also, all employees of the controller are obliged to observe confidentiality in relation to personal data.
The data subject shall have the rights defined under Art. 19 et seq. 18/2018 Coll. on the protection of personal data as amended, namely:
the right to information, which is fulfilled by this content and the terms and conditions,
the right to request access to personal data relating to the data subject - § 21 of the Act consists in your right to request how and for what purposes your data are processed, and you can address this request to the contact e-mail.,
the right to rectification of personal data - Section 22 of the Act allows you to rectify personal data if it is out of date,
the right to erasure of personal data - Section 23 of the Act you can use if you do not want the data controller to continue to process your personal data,
the right to restrict the processing of personal data - § 24 of the Act you exercise if you believe that personal data have been processed in breach of the law,
the right to object to the processing of personal data - Section 27 of the Act,
the right to portability of personal data,
the right to lodge a complaint with a supervisory authority in relation to the personal data processed.
5. The controller obtains the following personal data from the buyer: title, first name, surname, 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 archiving purposes. In the context of order processing, personal data is processed for the purpose of issuing invoices, issuing warehouse (delivery) notes, arranging transport as well as accounting in the accounting system.

6. These pages record your IP address, information about how much time you spend browsing those pages and information about what pages 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 the site, and we are able to offer you better quality content because of these files. We therefore view these files as our legitimate interest. Some cookies are third-party files, e.g. Youtube, Google, etc.

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

8. If the buyer has consented to the processing of personal data in the e-shop for the purpose of e-mail marketing, he/she has consented 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. This personal data is not provided to third parties.

10. The purchaser may withdraw his consent at any time by sending a Withdrawal of personal data processing, which we delete immediately. Opting out is also possible by unchecking a box in the user account of the user (if the buyer has requested the creation of a user account). For our part, we will no longer use the personal data provided by you for email marketing purposes.

11. The operator has authorised the intermediary, which is the operator of the heureka.sk internet portal with the Verified by Customers service, Heureka Shopping, s.r.o., with registered office at Karolínsa 650/1, 186 00 Prague, ID No.: 02387727, to process personal data in the scope of first name, surname, e-mail and information about the ordered goods on behalf of the e-shop operator for the purpose of evaluating the quality of the purchase on a one-off basis. For the purpose of this evaluation, the intermediary will send a one-time e-mail to the buyer with the possibility of evaluation, whereby the consumer may choose not to give consent according to this point.

Article XII. Final provisions

The Seller reserves the right to amend these General Terms and Conditions and the Complaints Policy without prior notice to the Buyer. In the event of a change to the General Terms and Conditions or the Complaint Conditions, the entire purchase process shall be governed by the General Terms and Conditions that were in force at the time the Buyer placed the order and which are accessible on the Seller's website.
The Complaints Policy is an integral part of these General Terms and Conditions.
By submitting the order, the Buyer has read the General Terms and Conditions as well as the Complaints Policy.
These terms and conditions have been drawn up as part of the project of certification of the e-shop nakupujbezpecne.sk
These General Terms and Conditions and the Complaints Policy are available at the company's registered office for the purchaser's inspection, as well as published on the e-shop's website.
If the consumer is not satisfied with the manner in which the Seller has handled his/her complaint or if he/she believes that the Seller has violated his/her rights, he/she has the possibility to contact the Seller for a request for redress. If the Seller responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the consumer has the right to request redress within the meaning of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, the right to submit a proposal for the initiation of an alternative solution of their dispute. The competent entity for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (http://www.economy.gov.sk/...skych-sporov), while the consumer has the right to choose which of the above-mentioned alternative dispute resolution entities to turn to. At the same time, the consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution. Information on the fees for the proposal can be found on the website of the specific ADR entity.
Relationships not otherwise regulated in these general terms and conditions as in their integral parts (annexes) are governed by the relevant provisions of 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. 513/1991 Coll.
In the event of concluding another contract with the buyer with different terms and conditions, the terms and conditions stated in the contract take precedence over the general terms and conditions.
The supervisory authority is the Inspectorate of the Slovak Trade Inspection based in Bratislava for the Bratislava region. Prievozská 32, P.O.BOX 5, 820 07 Bratislava 27. The company is registered in the Commercial Register of the District Court Bratislava I. sec. 125001/B. 
These General Terms and Conditions, including their integral parts, shall enter into force and effect.
 

Complaints conditions of the online shop (e-shop) integral part of the general terms and conditions

Only goods that have been purchased from the Seller and that are the property of the Consumer may be claimed.
If the buyer is a consumer (a natural person who does not act within the scope of his/her business activity, employment or profession), all goods offered are guaranteed for 24 months, unless otherwise specified in the goods and are subject to the Consumer Protection Act and the Civil Code and these Complaints Conditions. If the buyer has ordered a used item and has been informed of this, the warranty period is 12 months. If the buyer is not a consumer, the provisions of the Commercial Code shall apply and the warranty period shall be 1 year and these warranty conditions shall not apply to such claims.
The warranty period shall commence on the date of receipt of the goods from the shipping company or directly from the seller if the goods are collected by the buyer in person, on the date of receipt.
The Buyer is obliged to lodge a claim with the Seller without delay, as soon as the defect has been discovered.
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. improper handling of the product in a manner other than that specified in the instructions for use,

c. use of the goods in conditions which do not correspond in their humidity, chemical and mechanical influences to the natural environment of the goods according to the instructions, d. neglect of care and maintenance of the goods,

e. damage to the goods by excessive loading,

f. use of the goods in contravention of the conditions set out in the documentation, general principles, technical standards or safety regulations, or other breach of the warranty conditions.

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

7. Liability for defects also excludes normal wear and tear of the goods (or parts thereof) caused by the use of the goods. A defect may not be considered to be a defect, as is already apparent from the nature of the goods, from the period of their minimum durability or from the period of consumption, which may be limited to a shorter period of time. The period of minimum durability, shelf life, expiry date or similar period shall be indicated on the goods if the goods are subject to such indication.

8. Complained goods must be sent to our address below but not COD or delivered in person to the contact address. The goods must be suitably packaged to prevent damage to the goods during transit and we recommend that the goods are sent by recorded delivery or as insured delivery. The goods must be accompanied by a copy of the proof of purchase (invoice) and a description of the defect or we recommend enclosing 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 will acknowledge receipt of the claim and issue the Buyer with a confirmation of the claim for the goods in a suitable form. The date of the claim shall be deemed to be the date on which it is received by the Seller. 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 processing of the claim. The acknowledgement of the complaint shall be sent in writing.

10. The Seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of the complaint. In justified cases, in particular if complex technical evaluation of the goods is required, no later than 30 days from the date of the complaint. After determining how the complaint is to be handled, the Seller shall handle the complaint immediately; in justified cases, the complaint may be handled later. However, the processing of the complaint may not take longer than 30 days from the date of the complaint. 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 has the right to exchange the goods for new ones.

11. The Buyer has the right to have the defect removed free of charge, in a timely and proper manner, and the defect must be removed without undue delay. b. The Buyer may request the replacement of the item instead of the removal of the defect, or if the defect relates only to a part of the item, the replacement of the part if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the seriousness of the defect. c. The Buyer may request the replacement of the item, if the Seller does not incur disproportionate costs in relation to the price of the goods or the seriousness of the defect. c. the seller may, instead of removing the defect, replace the defective item with a faultless item if this does not cause the buyer serious inconvenience, d. if the defect cannot be removed and prevents the proper use of the item, the buyer has the right to have the item replaced or to withdraw from the contract. The buyer has the same right if the defect is a remediable defect, but if the buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects, e. if the defect is another irremediable defect, the buyer has the right to a reasonable discount on the price of the item.

12. a complaint shall be deemed to have been settled if the complaint procedure is terminated by the handing over of the goods complained of, their replacement or refund of the purchase price of the goods, by a written invitation to accept performance or by a reasoned rejection thereof. The consumer shall be informed of the outcome of the complaint procedure within the statutory time limit.

13. The undamaged nature of the goods or the intactness of the packaging (according to the instructions) must be checked when taking delivery of the goods, as the goods may be damaged in transit. Buyers are advised to unpack the goods and inspect them in the presence of the carrier. By your signature to the courier you declare that the packaging is undamaged.

14. These Complaints Conditions are an integral part of the General Terms and Conditions, and the Seller reserves the right to change them at any time without prior notice to the Seller.

In Bratislava 29.08.2024