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General terms and conditions
1. General provisions
These business and complaint conditions regulate the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller, which is DALION sro, with its registered office at Janka Kráľa 5, 974 01, Banská Bystrica, IČO: 47116757, entered in the Commercial Register of the Banská Bystrica District Court. : Ltd., Insert no. 24028 / S (hereinafter referred to as the "seller") and the buyer, the subject of which is the purchase and sale of goods on the seller's e-commerce website.
Contact details of the seller:
DALION s.r.o., with its registered office at Janka Kráľa 5, 974 01, Banská Bystrica, ID number: 47116757, entered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, File no. 24028 / S
TIN: 2023768769
VAT number: SK2023768769
Delivery point:
Námestie Ľ. Štúra 10, 97405, Banská Bystrica
Telephone: +421 917 828 665
Email: info@dalion.sk
Supervisory authority:
SOI Inspectorate for the Banská Bystrica Region
Dolná 46, 974 00 Banská Bystrica 1
Supervision Department
tel. no. 048/412 49 69, 048/415 18 71, 048/415 18 73
fax no. 048/412 46 93
tel. no. 02/58 27 21 59 - Internet shop, complaints related to purchases via the Internet, the rights of passengers in air, train, ship and bus transport
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

1.1. These business and complaint conditions, as amended on the day of concluding the purchase contract, are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written purchase agreement in which they agree on conditions deviating from these business and complaint conditions, the provisions of the purchase contract will take precedence over these business and complaint conditions. The conditions agreed in this way must not be in conflict with other legal regulations (shortening the period for returning the goods, the warranty period, etc.)
1.2. For the purposes of these terms and conditions, the supplementary contract means a contract under which the buyer acquires goods or is provided with a service related to the subject of the purchase contract, if the goods are delivered or a service provided by the seller or a third party under their agreement.
1.3 The purchase price for the goods displayed on any e-commerce website operated by the seller also includes value added tax in the amount specified by the applicable legislation of the Slovak Republic and does not include the price for the transport of goods or other optional services. All shares are valid until stocks are exhausted, unless otherwise stated for a specific product.
1.4. The seller reserves the right at any time to adjust the price of the goods listed on any e-commerce website operated by the seller. The change in the price of the goods does not apply to purchase contracts concluded before the change in the price, regardless of the fact that the goods have not yet been delivered.
1.5. In the event that the seller does not comply with its obligations set out in the applicable legislation of the Slovak Republic or the European Communities or in these terms and conditions, the buyer may exercise his right against the seller through the competent court.

2. Method of concluding the purchase contract
2.1. The proposal to conclude the purchase contract is sent by the buyer to the seller in the form of a completed and sent form on the seller's website, to which he sent a proposal to conclude a purchase contract, the subject of which is the transfer of ownership hereinafter referred to as the "order").
2.2 Following the sending of the order, the buyer will receive to his e-mail address an automatically executed notification of receipt of the order in the electronic system of the seller (hereinafter "confirmation of delivery of the order"). If necessary, all other information regarding his order can be sent to the buyer's e-mail address.
2.3 The delivery confirmation contains information that the order has been delivered to the seller, but it is not an acceptance of the proposal to conclude a purchase contract.
2.4 The seller will then send to the buyer's e-mail address information on whether the buyer's order has been accepted (hereinafter referred to as "order acceptance"). Acceptance of the order contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, as well as information on the price of goods and / or other services, information on the expected delivery time, name and information on where the goods are to be delivered and information on any price, conditions, method and date of transport of goods to the agreed place of delivery of goods for the buyer, details of the seller (business name, registered office, ID number, registration number in the commercial register, etc.), or other necessary information.
2.5. The purchase contract is concluded by delivering the acceptance of the order in electronic or written form to the buyer.
2.6 Prior to sending the order, the seller has informed the buyer of the pre-contractual information concerning the complaint, payment, business, transport and other conditions in a clear, unambiguous, comprehensible and irreplaceable manner by:
a) inform about the main characteristics of the goods or the nature of the service to the extent appropriate to the means of communication used and inform the seller on the relevant e-commerce catalog page,
b) informed about the trade name and registered office of the seller on the relevant subpage of the seller's e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
c) the telephone number of the seller and other data that are important for the buyer's contact with the seller, in particular his e-mail address and fax number, if he has informed them on the relevant subpage of the seller's e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
d) the address of the seller at which the buyer can file a complaint about the goods or services, file a complaint or other complaint in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
(e) the total price of the goods or services, including value added tax and all other taxes or, given the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated, as well as transport, delivery, postage and other costs. and fees, or if these costs and fees cannot be determined in advance of the fact that the buyer will be obliged to pay them, he informed the seller on the relevant e-commerce catalog page,
f) inform the buyer about the payment conditions, delivery conditions, the period within which the seller undertakes to deliver the goods or provide the service, information on the procedures for applying and handling complaints, grievances and suggestions in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the seller's e-commerce,
g) information on the right of the buyer to withdraw from the purchase contract, on the conditions, period and procedure for exercising the right to withdraw from the contract in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
h) informed about the provision of the form for withdrawal from the purchase contract in Art. 10 and in the appendix to these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce; the seller also provided the form for withdrawal from the purchase contract in the annex to these terms and conditions and complaints, which are located on the relevant subpage of the seller's e-shop
i) information that if the buyer withdraws from the purchase contract, he will bear the costs associated with the return of goods to the seller under § 10 para. 3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance or off-premises contract of the seller and amending certain laws (hereinafter "Act on consumer protection in distance selling"), and if he withdraws from the purchase contract also the costs of returning the goods, which due to its nature cannot be returned by post informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
j) on the buyer's obligation to pay the seller the price for the performance actually provided pursuant to § 10 para. 5 of the Act on Consumer Protection in Distance Selling, if the buyer withdraws from the service contract after giving the seller explicit consent pursuant to § 4 para. 6 of the Act on Consumer Protection in Distance Selling informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
k) about the circumstances in which the buyer loses the right to withdraw from the contract informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
l) on instructions on the seller's liability for defects in goods or services pursuant to para. § 622 and 623 of the Civil Code informed in Art. 8 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
(m) the existence and details of a guarantee provided by the manufacturer or seller in accordance with stricter principles than those laid down in Art. § 502 of the Civil Code, if provided by the manufacturer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or services, if such assistance is provided on the relevant e-commerce catalog page of the seller and Art. 9 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
n) the existence of the relevant codes of conduct which the seller has undertaken to comply with and the way in which the buyer can become acquainted with them or obtain their wording on the relevant catalog page of the seller's e-shop,
(o) the duration of the contract, in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period or in the case of a contract in which its validity is automatically extended, he also informed information about the conditions of termination of the contract on the relevant e-commerce catalog page of the seller and in these terms and conditions, which are located on the relevant subpage electronic commerce of the seller,
p) the minimum duration of the buyer's obligations arising from the purchase contract, if the purchase contract implies such an obligation for the buyer on the relevant catalog of the seller's e-shop and in these terms and conditions, which are located on the relevant sub-page of the seller,
q) the buyer's obligation to pay an advance or provide other financial security at the request of the seller and the conditions that apply to its provision, if the purchase contract implies such an obligation for the buyer on the relevant e-commerce catalog page of the seller and these terms and conditions, which are located on the relevant sub-page of the seller's e-commerce,
r) about the functionality, including the applicable technical protection measures for securing the electronic content, if applicable, inform on the relevant catalog page of the seller's e-shop and in these business and complaint conditions, which are located on the relevant sub-page of the seller's e-shop,
(s) the compatibility of the electronic content with hardware and software of which the Seller knows or is reasonably expected to know, if applicable, in the relevant e-commerce catalog page of the Seller and in these terms and conditions, which are located on the relevant the seller's e-commerce subpage,
t) the possibility and conditions of out-of-court dispute resolution through the alternative dispute resolution system, if the seller undertook to use this system informed on the relevant catalog page of the seller's e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
u) on the actions necessary for the conclusion of the purchase contract by describing these necessary actions in these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
v) that the purchase contract will be stored in electronic form at the seller and is available to the buyer after the buyer requests it in writing on the relevant e-commerce catalog page of the seller and in these terms and conditions, which are located on the relevant subpage electronic commerce of the seller,
w) that the language offered for the conclusion of the contract is the Slovak language informed on the relevant catalog page of the seller's e-commerce and in these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce.
2.7. If the seller has not fulfilled the information obligation to pay additional fees or other costs according to point 2.6. point. e) these business and complaint conditions or the costs of returning the goods in accordance with point 2.6. point. i) of these business and complaint conditions, the buyer is not obliged to pay these additional costs or fees.

3. Rights and obligations of the seller
3.1. The seller is obliged to:
a) deliver, on the basis of an order confirmed by acceptance, the goods to the buyer in the agreed quantity, quality and time and pack or equip them for transport in the manner necessary for their preservation and protection,
b) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
c) immediately after the conclusion of the purchase contract, but no later than together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example by e-mail. The certificate must contain all the information mentioned in point 2.6. including the form for withdrawal from the purchase contract.
d) hand over to the buyer at the latest together with the goods in written or electronic form all documents necessary for taking over and using the goods and other documents prescribed by valid Slovak legislation (instructions in Slovak language, warranty card, delivery note, tax document).
2.3 The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3 If, due to the sale of stock or unavailability of goods, the seller is unable to deliver the goods to the buyer within the period agreed in the purchase contract or determined by these terms and conditions or at the agreed purchase price, the seller is obliged to offer the buyer a substitute performance or cancel order). The buyer can withdraw from the purchase contract or cancel the order by delivering an e-mail. In the event that the buyer has already paid the purchase price or part thereof, the seller will return the already paid purchase price or part thereof within 14 days from the date of delivery of the e-mail on withdrawal from the purchase contract or. cancellation of the order to the buyer on the account designated by him, unless the parties agree otherwise. If the buyer does not accept the replacement performance offered by the seller or withdraws from the purchase contract within a reasonable time, the seller is entitled to withdraw from the purchase contract and if the buyer has already paid the purchase price or part thereof, the seller is obliged to return the already paid purchase price or part thereof. within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.

4. Rights and obligations of the buyer
4.1. The buyer was informed by the seller that part of the order is the obligation to pay the price.
2.4 The buyer is obliged to:
a) take over the ordered and delivered goods,
b) pay the seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,
c) confirm in the delivery note the receipt of the goods by his signature or by the signature of the person authorized by him.
3.4 The buyer has the right to deliver the goods in quantity, quality, date and place agreed by the parties.

5. Delivery and payment terms
1.5 The usual availability of goods with the date of their dispatch is stated for each product on the e-commerce website.
2.5 Unless the seller and the buyer have agreed otherwise in the purchase contract, the seller is obliged to deliver the item to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the item within the period under the first sentence, the buyer shall invite him to deliver the item within the additional reasonable period provided by him. If the seller does not deliver the item even within this additional reasonable period, the buyer is entitled to withdraw from the contract.
3.5 The seller is entitled to invite the buyer to take over the goods even before the expiration of the delivery period agreed in the purchase contract.
4.5 The color display of the goods on the monitor may not exactly match the actual color shades as the buyer will actually perceive them. The display of color shades depends, among other things, on the quality of the display monitor, resp. another display device used.
5.5 The buyer is obliged to take over the goods at the place which is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or otherwise in the time before delivery of the goods (hereinafter "Place"). The buyer is obliged to take over the goods in the time range that is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or otherwise in the time before delivery of the goods (hereinafter "Time Range").
5.6 If the seller delivers the goods to the buyer to the Place and within the Time Range, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person authorized in case of absence to take over the goods and sign a protocol on payment of purchase price and delivery and delivery of goods. The third party authorized to take over the goods is obliged to submit a copy of the order acceptance to the seller. The goods are considered delivered and taken over at the time of delivery of the goods to the buyer. Delivery of the goods to the Buyer means delivery of the goods to the Place, taking over by the Buyer or a third party authorized by the Buyer and signing a protocol on payment of the purchase price and delivery and delivery of the goods by the Buyer or a third party authorized by the Buyer.
5.7 If it is necessary to repeat the delivery of goods due to the absence of the buyer at the Site and in the time range or if the buyer without prior written withdrawal from the purchase contract within 7 days after the expiration of the time range in vain, the seller is entitled to compensation for damages the actual cost of an attempt at unsuccessful delivery of the goods to the Site.
5.8 The purchase contract is concluded with an untying condition, provided that if the buyer does not pay the seller the agreed purchase price in accordance with clause 4.2 of these terms and conditions within 15 days of the seller's invitation to take over the goods, the contract is canceled from the beginning, the parties return or replace all accepted performance and the seller acquires the right to freely dispose of the ordered goods.
5.9 The buyer is entitled to inspect the shipment, ie the goods and their packaging immediately after delivery in the presence of the seller's representative. In case of finding the existence of a defect of the goods and / or in case the shipment is not complete (lower number of pieces of goods, or the ordered goods are missing), the seller's representative is obliged to allow the buyer to make a record of the extent and nature of the defect, which is confirmed by the seller's representative. On the basis of such a record delivered to the seller, the buyer may subsequently refuse to take over the delivered goods with a defect or confirm the delivery of goods with a defect and subsequently in accordance with Art. 8 of these business and complaint conditions to file a claim for defects in the goods with the seller or a designated person. In the event that the buyer refuses to take over the delivered goods with a defect, all purposefully incurred costs of returning the goods to the seller shall be borne by the seller.

5.10. The buyer is entitled in case of non-delivery of goods by the seller within the period specified in point 5.2. of these terms and conditions to withdraw from the purchase contract and the seller is obliged to return to the buyer already paid part of the purchase price within 14 days of delivery of the withdrawal from the purchase contract by cashless transfer to the buyer's bank account designated by the buyer.

6. Purchase price
6.1. The purchase price for the goods agreed in the purchase contract between the seller and the buyer is stated in the acceptance of the order (hereinafter referred to as the "purchase price"). If the purchase price stated in the order delivery confirmation is higher than the price for identical goods stated in the e-commerce offer at the time of sending the order to the buyer, the seller will deliver an electronic message to the buyer informing about the offer of a new purchase price in another amount. new purchase contract, which the buyer must explicitly confirm by e-mail or in writing in order for a valid conclusion of the purchase contract.
2.6 The buyer is obliged to pay the seller the purchase price, including the cost of delivery of goods in cash, respectively. by payment card upon personal collection of the goods, cash on delivery at the place of delivery of the goods or by non-cash transfer to the seller's account specified in the order acceptance or on the seller's website at the time before taking over the goods.
3.6 In the event that the buyer pays the seller the purchase price by non-cash transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account.
4.6 The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than when taking over the goods.
5.6 In the event that the Buyer does not pay the Seller the full purchase price by the time the goods are delivered to the Site and the parties have not agreed to pay the purchase price for the goods in installments, the Seller is entitled to refuse delivery to the Buyer.
6.6 Costs associated with the installation and delivery of goods are not included in the purchase price and the seller is not obliged to provide these services to the buyer.

7. Acquisition of ownership and transfer of the risk of damage to the goods
7.1. By taking over the goods at the agreed place, the ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer set out in para. § 2 letter a) of Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as the "Act"), acquires ownership of the goods only upon full payment of the full purchase price for the goods.
2.7 The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorized by the buyer takes over the goods from the seller or his representative authorized to deliver the goods, or if he does not do so in time, the seller allows the buyer to dispose of the goods and the buyer does not take.

8. Complaints procedure (liability for defects, warranty, complaints)

8.1. In the case of a defect in the goods that can be removed, the buyer has the right to have them removed free of charge, in a timely manner and properly. The seller is obliged to eliminate the defect without undue delay.
2.8 The buyer may, instead of remedying the defect, request a replacement of the goods or, if the defect concerns only a part of the goods, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.
8.3. Instead of eliminating the defect, the seller can always replace the defective goods with perfect ones, if this does not cause serious difficulties for the buyer.
8.4. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a thing without defects, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the goods due to the recurrence of the defect after repair or for a larger number of defects.
8.5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.
8.6. The seller instructed the buyer about his rights, which arise from the stat. § 622 of the Civil Code (points 8.1. To 8.3. Of these business and complaint conditions) and the rights arising from the provisions of Art. § 623 of the Civil Code (points 8.4. To 8.5. Of these business and complaint conditions) by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.
7.8 The seller is responsible for defects in the goods in accordance with applicable regulations of the Slovak Republic and the buyer is obliged to file a complaint with the seller or a designated person. Information on designated persons and service points for warranty and post-warranty service is provided on the back of the warranty card or will be provided by the seller to the buyer upon request by telephone or e-mail.
8.8 The handling of complaints is governed by the valid complaint procedure of the seller, ie Art. 8 of these business and complaint conditions. The buyer was duly acquainted with the complaint procedure and informed about the conditions and method of claiming the goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Art. § 18 par. 1 of the Act in the time before concluding the purchase contract by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.
8.9 The complaint procedure applies to goods purchased by the buyer from the seller in the form of an e-shop on the seller's e-shop website.
8.10. During the warranty period, the buyer has the right to claim from the seller liability for defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible.
8.11. If the goods show defects, the buyer has the right to file a complaint at the seller's premises in accordance with Art. § 18 par. 2 of the Act by delivering the goods to the seller's premises and delivering to the seller a statement of the buyer's will to exercise his right under points 8.1. to 8.5. of these business and complaint conditions (hereinafter referred to as the "Notice of Complaint"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller's e-commerce. The seller recommends insuring the goods when sending them for a complaint. The seller does not accept cash on delivery. The Buyer is obliged to state all the required information truthfully in the Notice of Complaint, in particular to precisely indicate the type and extent of the defect in the goods; the buyer shall also state which of his rights arising from para. Sections 622 and 633 of the Civil Code apply. The buyer has the right to file a complaint with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is given in the warranty card or the seller will send it to the buyer at his request.

8.12. The complaint procedure concerning goods that can be delivered to the seller begins on the day when all of the following conditions are cumulatively met:
a) delivery of the Notice of Complaint to the Seller,
b) delivery of the claimed goods from the buyer to the seller or a designated person,
c) delivery of access codes, passwords, etc. to the claimed goods to the seller, if these data are necessary for the proper handling of the complaint;
8.13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or that are permanently installed, the buyer is, in addition to meeting the conditions under points 8.12 (a). a) and c) of these complaint and business conditions, he is obliged to provide all necessary co-operation for the inspection of the claimed goods by the seller or by a third party designated by the seller. The complaint procedure concerning goods which cannot be objectively delivered to the seller or which are permanently installed begins on the day when the inspection of the goods was carried out in accordance with the first sentence. However, if the Seller or a third party designated by him, despite the necessary cooperation provided by the Buyer, does not ensure the inspection within a reasonable period, but no later than 10 days from delivery of the Notice to the Seller, the complaint procedure begins on the day of delivery of the Notice to the Seller.
8.14. The seller or a designated person shall issue to the buyer a confirmation of the claim for 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 claimed defects of the goods and once again inform the consumer of his rights under point 8.1. to 8.3. these business and complaint conditions (provisions of § 622 of the Civil Code) and the rights arising from point 8.4. to 8.5. of these business and complaint conditions (provisions of § 623 of the Civil Code). If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.
8.15. The buyer is entitled to decide which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about its decision to the seller. Based on the decision of the buyer, which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling complaints pursuant to Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required no later than 30 days from the day of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately, in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the time limit for settling the complaint in vain, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
8.16. If the buyer has lodged a claim for the goods within the first 12 months from the conclusion of the purchase contract, the seller may settle the claim only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter "expert assessment of goods"). Irrespective of the result of the professional assessment, the seller may not require the buyer to pay the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods.

8.17. If the buyer has made a product complaint 12 months after the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint handling document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for expert assessment to the designated person specified in the document on the handling of the complaint, the costs of expert assessment of the goods, as well as all other related purposefully incurred costs shall be borne by the seller, regardless of the result of expert assessment. If the buyer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a complaint again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-submitted complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
8.18. The warranty does not cover defects of which the buyer was notified by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, must have known.
8.19. The seller reserves the right to replace defective goods with other perfect goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.
8.20. The seller is not responsible for defects in the goods:
a) if the buyer has not exercised his right concerning the seller's liability for a defect in the goods by the end of the warranty period of the goods,
b) if the defect of the goods is mechanical damage to the goods caused by the buyer,
c) if the defect of the goods was caused by the use of the goods in conditions that do not correspond with their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,
d) if the defect of the goods was caused by improper handling, service or neglect of care of the goods,
e) if the defect of the goods was caused by damage to the goods by excessive loading or use in violation of the conditions specified in the documentation or the general principles of normal use of the goods,
f) if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events,
g) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
h) if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other intervention of force majeure,
(i) if the defect in the goods was caused by an interference with the goods by an unauthorized person.

If the shipment is not complete, resp. in the case of an obvious defect which the buyer could find by inspecting the shipment upon delivery of the goods and which did not notify the seller's representative in accordance with point 5.9 of these complaint and business conditions, later claims of this kind will be accepted only if the buyer proves that the claimed defects time of its takeover by the buyer.
8.21. The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
a) by handing over the repaired goods,
b) exchange of goods,
c) return of the purchase price of the goods,
d) payment of a reasonable discount on the price of the goods,
e) a written invitation to take over the performance specified by the seller,
f) by reasoned rejection of the claim for the goods.
8.22. The seller is obliged to issue a written document to the buyer about the method of determining the handling of the complaint and the handling of the complaint no later than 30 days from the date of the complaint in person, through the provider of postal or courier or delivery service.
The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail and at the same time he will be together with the goods, resp. proof of complaint handling delivered via e-mail.
8.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. Shipped sports nutrition products, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the expiration date, in case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.
8.24. The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
8.25. In the case of an exchange of goods for a new one, the buyer will receive a document stating information about the exchange of goods, and any other complaints are applied on the basis of the purchase contract and this complaint document. In the case of exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods.

8.26. With regard to a remediable defect, the complaint will be settled depending on the decision of the buyer according to point 8.15. these complaint and business conditions as follows:
(a) the seller ensures that the defect is remedied; or
(b) the seller replaces the defective goods.
8.27. In the case of a remediable defect and the buyer shall not immediately determine in accordance with point 8.15. of these complaint and business conditions, how the complaint should be handled, the seller will handle the complaint by eliminating the defect.
8.28. In the case of a defect that cannot be remedied, or one more repetitive remediable defect, or a number of different remediable defects that prevent the goods from being properly used as without a defect, the seller will equip, depending on the buyer's decision under 8.15. these complaint and business conditions, the complaint is as follows:
(a) by exchanging goods for other functional goods of the same or better technical performance; or
b) in the event that the seller is unable to exchange the goods for another, he shall settle the complaint by refunding the purchase price for the goods.
8.29. Complaint handling applies only to defects listed in the Notice of Complaint and in the confirmation of the claim of the goods according to point 8.14. these complaint and business conditions.
30.8. For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect several times.
8.31. For the purposes of a complaint, the occurrence of more than three different remediable defects at the same time is considered to be a larger number of different remediable defects.
8.32. The right of the buyer to file a claim for a defect in the goods is after he has exercised his right and asked the seller to remove the defect in the goods according to point 8.1. of these complaint and business conditions consumed and regardless of the result of the complaint, any re-application of the complaint of the same unique defect (not a defect of the same kind) will be rejected.
8.33. The provisions of Art. 8 of these complaint and business conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of the Act.

9. Personal data and their protection
9.1. The contracting parties have agreed that the buyer is obliged to notify the seller in the order of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address, for the purposes of proper equipment and delivery of the order.
2.9 The contracting parties have agreed that the buyer is obliged to notify the seller in the order of his business name, registered office address, including postal code, ID number, VAT number (if assigned), telephone number for the purposes of proper equipment and delivery of the order. and e-mail address.
9.3. A buyer who has registered in the online store can check and change the personal data provided at any time, as well as cancel his registration after logging in to the e-shop website in the "My Account" section.
9.4. The seller hereby notifies the buyer that in accordance with Art. 6 (1) (a) b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (General Data Protection Regulation), (hereinafter referred to as the “Regulation”), the seller as an information system operator will process the buyer's personal data in the process of concluding the purchase contract without his consent as the data subject, as the buyer's personal data will be performed by the seller in pre-contractual relations with necessary for the performance of the purchase contract in which the buyer acts as one of the parties.

9.5. Pursuant to Art. 6 par. 1 letter f) The seller may order the delivery of the ordered goods, resp. services to the buyer, on the basis of a legitimate interest to process the buyer's personal data also for the purposes of direct marketing and send to the buyer's e-mail address information about new products, discounts and promotions on the offered goods, resp. services.
9.6. The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the valid legal regulations of the Slovak Republic.
9.7. The seller declares that in accordance with Art. 5 (1) (a) a) a písm. b) of the Regulation, the personal data of the buyer will be obtained exclusively for the purpose stated in these business and complaint conditions.
8.9 The Seller declares that for purposes other than those stated in these terms and conditions and complaints, it will always obtain the Buyer's personal data separately on an adequate legal basis and at the same time ensure that these personal data are processed and used exclusively in a manner appropriate to the purpose for which they were collected. and will not associate them with personal data obtained for another purpose or for the purpose of fulfilling the purchase contract.
9.9 Before sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him in a sufficient, comprehensible and irreplaceable way:
(a) their identification data, which are referred to in Article 1. these business and complaint conditions proving the identity of the seller,
b) contact details of the seller, resp. the responsible person of the seller,
c) the purpose of the processing of personal data, which is the conclusion of a purchase contract between the seller and the buyer and the legal basis for the processing of personal data,
d) that the required personal data for the purposes of concluding the purchase contract and proper equipment and delivery of the order, the buyer is obliged to provide,
e) if the processing is based on Art. 6 (1) (a) f) Regulations that the legitimate interest pursued by the seller is direct marketing,
f) identification data of a third party, which is a company that delivers the ordered goods to the buyer, resp. identification data of other recipients or categories of recipients of personal data, if any,
g) the retention period of personal data, resp. criteria for its determination,
9.10. The seller declares that he will process personal data in accordance with good morals and will act in a way that does not contradict the Regulation or other generally binding legal regulations, nor will he circumvent them.
9.11. In accordance with the Regulation, the Seller provides the Buyer, whose data it processes, with the following information:
a) the identity and contact details of the seller and, where applicable, the seller's representative,
b) contact details of any responsible person,
c) the purposes of the processing for which the personal data are intended as well as the legal basis of the processing,
d) if the processing is based on Art. 6 par. 1 letter f) legitimate interests pursued by the seller or a third party,
e) the circle of recipients, or categories of recipients of personal data, if any,
(f) where applicable, information that the seller intends to transfer personal data to a third country or international organization;
g) the retention period of personal data, resp. criteria for its determination,
h) information on the existence of the right to request from the seller access to his personal data and the right to correct or delete or restrict the processing or the right to object to the processing, as well as the right to data portability,
(i) the right to lodge a complaint to the supervisory authority,
j) information on whether the provision of personal data is a legal or contractual requirement, or a requirement necessary for the conclusion of the contract, whether the buyer is obliged to provide personal data, as well as the possible consequences of not providing such data,
(k) the existence of automated decision-making, including profiling;
The buyer has the right to obtain from the seller a copy of the personal data being processed and has the right to obtain all the above information. For any additional copies requested by the buyer, the seller may charge a fee corresponding to the administrative costs of making the copy.
9.12 If the buyer exercises his right under point 9.11 in writing or electronically and the content of his application shows that he exercises his right under point 9.11, the application shall be deemed to have been filed under this Regulation.
9.13. The buyer has the right to object to the seller against the processing of his personal data, which he assumes are or will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the Buyer objects to such processing, the Seller shall terminate the processing of personal data for direct marketing purposes from the date of delivery of such objection to the Seller and the personal data of the Buyer concerned may no longer and will not be processed for such purposes.

9.14. If the buyer suspects that his personal data is being processed unjustifiably, he may file a complaint about it with the Office for Personal Data Protection of the Slovak Republic. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.
9.15. The seller shall take appropriate measures to provide the buyer with all the information referred to in point 9.11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply worded. The seller will provide the information electronically or in accordance with the Regulation by other means agreed with the buyer.
9.16. Information on the measures taken at the request of the buyer shall be provided by the seller to the buyer without undue delay, in any case within one month of receipt of the request.
9.17. The Seller notifies this Buyer that due to the performance of the concluded contract, when processing the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to the following third parties, resp. range of beneficiaries:
Transport: Slovenská pošta, a.s., with its registered office at Partizánska cesta 9, 975 99 Banská Bystrica, ID number: 36631124, entered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, File No. 803 / S
Transport: GLS General Logistics Systems Slovakia s.r.o., with its registered office at Lieskovská cesta 13, 962 21, Lieskovec, ID number: 36624942, entered in the Commercial Register of the District Court of Banská Bystrica, Section Sro, File No. 9084 / S
Accounting obligation: K.P.F. s.r.o., with its registered office at Janka Kráľa 5, 974 01, Banská Bystrica, registered at the District Court of Banská Bystrica, dept. Ltd., vl.č.30715 / S


10. Withdrawal from the purchase contract
1.10 If the seller is unable to fulfill his obligations under the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the purchase contract has discontinued production or made major changes that prevented the seller from fulfilling obligations for reasons of force majeure or if, even with all efforts that can be reasonably required of him, he is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer and at the same time he is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaint and business conditions, the seller is obliged to return to the buyer the advance payment for the goods agreed in the purchase contract within 14 days of notification of withdrawal by transfer to the account designated by the buyer.

2.10 The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with Art. § 7 et seq. Law no. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the “Act on Consumer Protection in Distance Selling”) within 14 days of receipt of the goods, resp. from the date of concluding the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations pursuant to Art. § 3 of the Act on Consumer Protection in Distance Selling.
10.3. Within this period, the buyer has the right to unpack and test the goods in a manner similar to the usual purchase in a classic "stone" shop, to the extent necessary to determine the nature, properties and functionality of the goods.
4.10 The period for withdrawal from the contract begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if
a) the goods ordered by the buyer in one order are delivered separately, from the day of taking over the goods that were delivered last,
b) delivers goods consisting of several parts or pieces, from the day of taking over the last part or the last piece,
(c) under contract, supplies the goods repeatedly during a specified period, from the date of taking over the first goods delivered.
10.5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the period for withdrawal from the contract.
10.6. Withdrawal from the contract must be made by the buyer in writing in a manner that does not raise doubts that there has been a withdrawal from the contract, or in the form of a record on another durable medium or using the form that forms Annex no. 1 of these business and complaint conditions. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period under Art. § 7 par. 1 of the Act on Consumer Protection in Distance Selling.
10.7. Withdrawal from the purchase contract according to the passing point of these business and complaint conditions must contain the information required in the form of withdrawal from the purchase contract, which forms Annex no. 1 of these business and complaint conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the manner in which the seller is to return the performance already received, in particular the account number and / or postal address of the buyer.
10.8. If the buyer withdraws from the purchase contract, any additional contract related to the purchase contract from which the buyer withdrew is also canceled from the beginning. It is not possible to demand from the buyer any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in Art. § 9 par. 3, ust. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for a Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.
9.10 The buyer is obliged without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract to send the goods back to the address of the operator's registered office 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 has proposed to pick up the goods in person or through a person authorized by him. The period according to the first sentence of this point of these terms and conditions of business and complaint is considered to be observed if the goods were handed over for transport no later than on the last day of the period.

10.10. The buyer is obliged to deliver to the seller the complete goods, including complete documentation, undamaged, preferably in the original packaging and unused.
10.11. It is recommended to insure the goods. The seller does not accept cash on delivery. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the buyer to return to the buyer all payments received from him under the purchase contract or in connection with it, including shipping, delivery and postage and other costs and fees. . The seller is not obliged to return the payments to the buyer under this point of these terms and conditions before delivery of the goods or until the buyer proves the return of the goods to the seller, unless the seller suggests that he pick up the goods in person or through a person authorized by him.
10.12. The buyer bears the costs of returning the goods to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling.
10.13. The buyer is only responsible for the reduction in the value of the goods, which arose as a result of such treatment of the goods, which is beyond the treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act on Consumer Protection in Distance Selling.
10.14. The seller is obliged to return the purchase price for the goods to the buyer in the same way as the buyer used in his payment, unless the buyer agrees on another method of refund without additional payment to the buyer in this regard.
10.15. In the event that the buyer withdraws from the contract and delivers to the seller goods that are used, damaged or incomplete, the buyer undertakes to pay the seller:
(a) the value by which the value of the goods has been reduced within the meaning of paragraph § 457 of the Civil Code in the actual amount
b) costs incurred by the seller in connection with the repair of the goods and their restoration to the original condition calculated according to the price list for post-warranty service of the goods.
Pursuant to this point of the complaint and business conditions, the buyer is obliged to pay the seller compensation in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
10.16.In accordance with par. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer may not withdraw from the contract, the subject of which are:
- the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
- the sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
- the sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
- the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right of withdrawal.
- the provision of a service where it has been provided with the express consent of the consumer and the consumer has stated that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract after full provision of the service and
10.17. Provisions of Art. 10 of these business and complaint conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of the Act.

11. Final provisions
11.1. If the purchase contract is concluded in writing, any change must be in writing.
11.2. The contracting parties have agreed that communication between them will take place in the form of e-mail messages.
11.3. The relevant provisions of the Civil Code, the Act, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in distance selling.
11.4. If the consumer is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights, he has the opportunity to turn to the seller for redress. If the seller responds to the request for redress in a negative manner or does not respond to it within 30 days from the date of its dispatch, the consumer has the right to file a motion to initiate an alternative solution to his dispute under the provisions of § 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws.
Competent entity for alternative resolution of consumer disputes with the seller DALION s.r.o. is the Slovak Trade Inspection Prievozská 32, 827 99 Bratislava 27, www.soi.sk or another relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk ); the consumer has the right to choose which of these ADR entities to turn to.
11.5. The consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal.
11.6. These business and complaint conditions take effect against the buyer by concluding a purchase contract.
11.7. Before sending the order, the buyer will be asked to confirm by checking the box that he has read these business and complaint conditions, read them, understand their content and fully agrees with them.
These General Terms and Conditions are valid and effective from 16.6.2020 and cancel the previous versions of the GTC. The seller reserves the right to change the GTC without prior notice.

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