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Commercial conditions

Introductory provisions
1. The seller is the trading company Spa and Wellness s. r. o., Panenská 33, 811 03 Bratislava, SR, IČO: 35 857 242, registration in OR MS BA III, department: Sro, insert no. 28758/B, VAT number: 2021727631 (hereinafter referred to as "the seller"). The seller, through a third party, operates a shopping web portal at https://www.aphroditeshop.sk/ (hereinafter referred to as the "shopping portal"). Through the shopping portal, the buyer has the opportunity to browse the goods on the shopping portal page. At the same time, under the conditions determined by the general terms and conditions (hereinafter referred to as "T&C") and subject to acceptance of the order/draft purchase contract by the seller, the buyer has the opportunity to purchase the goods selected by him.
2. Seller's e-mail address info@aphroditeshop.sk. The seller's telephone number (+421) 918 602 852. The complaint and call center are available to the buyer on working days, Monday to Friday, from 07:00 to 15:00. These data may be updated on the seller's website.1.2 Adresa elektronickej pošty predávajúceho info@aphroditeshop.sk.
3. Legal relations between the seller and the buyer are governed by the GTC for the purchase of goods on the website https://www.aphroditeshop.sk/. These legal relations between the seller and the buyer arising from the purchase, delivery of goods and complaints of defects in goods are governed by the provisions of the relevant legislation of the Slovak Republic, depending on their content and the participants in the purchase. These General Terms and Conditions also regulate the obligations of the parties until the conclusion of the purchase contract based on the registration of the buyer. The mutual relations between the seller and the buyer are also governed by the complaint procedure for the online store (hereinafter referred to as the "complaint procedure").
4. The provisions of the GTC and the law governing consumer rights do not apply to a buyer who is not a consumer according to Act no. 250/2007 Coll. or who purchases goods for business purposes and not for personal consumption. This person does not have consumer rights according to applicable legal regulations. In this case, liability for product defects and mutual relations between the seller and the buyer, who is not a consumer, are governed by the provisions of Act no. 513/1991 Coll. as amended (Commercial Code).
5. Purchase contract means a contract between the seller and the buyer, the subject of which is the purchase of goods presented at https://www.aphroditeshop.sk/
Order with payment obligation
1. The purchase of goods is carried out by filling out and sending the order by the buyer in the seller's shopping portal, with the fact that the buyer's order must be approved (accepted) by the seller in accordance with the General Terms and Conditions, otherwise the contractual relationship will not be established. If the order is accepted by the seller according to the GTC, the seller will deliver the ordered goods within the delivery period according to Art. 4.1 GTC. Before sending the order to the buyer, information is notified and provided to the buyer on the shopping portal and in the General Terms and Conditions according to special regulations, in particular according to § 3 of Act no. 102/2014 Coll. The buyer expresses his agreement with these conditions by clicking the appropriate box before sending the order on the portal. By sending the order, the buyer confirms that he has been informed that with the submission of the order and as part of the order there is an obligation to pay the price of the ordered goods.
2. For the possibility of active shopping on the shopping portal, or for participation in the seller's advertising and competition activities, it is necessary for the buyer to register at https://www.aphroditeshop.sk/ in the registration section of the portal. Buyer registration can be done before selecting the goods or during the selection process. The buyer filling out the registration form is obliged to fill in the data according to the required fields of the registration form. By filling out the registration form, the buyer simultaneously gives his consent to the processing of his personal and other data in accordance with Art. 7. GTC and with conditions according to GTC. The buyer is obliged to update these data without delay on the portal when sending the order if they change, as their correctness, truthfulness and up-to-dateness affect the delivery of the goods to the buyer. Mandatory fields of the registration form are marked with symbols. The buyer is obliged to provide correct, complete and true data. The registration process is completed by assigning an access name and password. The buyer is obliged to keep the access name and password generated in the registration process in a safe place and protect it in such a way that it cannot be misused.
3. The buyer selects the goods by clicking on the "Add to basket" button and adds the goods to his order. If the buyer has completed the selection process, he clicks on the "Order with payment obligation" button. The process of creating a buyer's order consists of the following steps: 1. selection of goods 2. selection of payment method, shipping and shipping price, 3. approval of business conditions, 4. sending the order by clicking the order button.
4. In each of these steps, the buyer follows the navigation instructions. The buyer is obliged to provide complete, true and correct data necessary for the correct delivery of the goods. The buyer is obliged to check the correctness of the selected data and data in the process of ordering the goods before they are definitively sent to the seller.
5. The buyer's order is considered sent if it is delivered to the seller and if it contains all the required data - the name of the ordered goods, its quantity, price, delivery, billing address, e-mail and telephone contact of the buyer.
6. Before sending the order to the seller, the buyer is always required to click away and confirm that he has clearly and comprehensibly familiarized himself with the main characteristics of the goods, the seller's business name and registered office, contacts, total price goods, including taxes, transport costs, delivery, postage and other costs, and agrees to the valid GTC of the seller and the processing of the buyer's personal data, otherwise the order is not properly executed. A regular order is assigned a registration number. When communicating with the seller and when paying, the buyer also states the order number.
7. The buyer sends the seller an order through the shopping portal. This order is the buyer's proposal to conclude a purchase contract under the terms and conditions of these GTC. The order is intended for the seller to be accepted by the seller within 15 days from its delivery to the seller. By sending an order to the seller through the shopping portal, the buyer expresses his will to be bound by his order during the specified period, to buy and take over the goods selected by him at the purchase price, in accordance with the terms and conditions of the General Terms and Conditions, subject to its acceptance by the seller. After delivery of the order, the seller will immediately confirm the buyer's order electronically, i.e. informs the buyer about the receipt and inclusion of the buyer's order in the seller's system.
8. Based on the agreement of the parties and in accordance with the GTC, the purchase contract between the parties is concluded if the seller confirms the buyer's order and at the same time if it is confirmed by a special e-mail or message addressed to the buyer within the specified period of 15 days from accepts the delivery of the order (i.e. expresses agreement with the order) in accordance with these GTC. The seller accepts the buyer's order by sending an e-mail or message to the buyer. In the seller's acceptance e-mail, the fact of acceptance of the buyer's order will be indicated, as well as the fact of the shipment of the goods (for the GTC, hereinafter appropriately "order acceptance"). By accepting the order, a purchase contract is concluded between the parties. Based on the agreement of the parties and these GTC, the seller is obliged to fulfill the accepted order within the deadline according to Art. 4.1 GTC. In this order acceptance e-mail, the buyer is simultaneously sent information required by law for the consumer, i.e. a link in the e-mail to instruct the consumer on exercising the right to withdraw from the contract and the withdrawal form. By activating the link in the e-mail, this information and documents will be displayed to the buyer, and the buyer has the right to save them for his needs.
9. The purchase contract between the seller and the buyer is concluded upon acceptance of the buyer's order by the seller or acceptance of a change to the order proposed by the seller and made by the buyer. From the purchase contract, the seller is obliged to hand over the object of purchase to the buyer and fulfill the obligations according to the General Terms and Conditions. From the concluded contract, the buyer has the obligation to take over the object of purchase, pay the agreed purchase price to the seller for it and fulfill the obligations according to the General Terms and Conditions. The seller fulfills the accepted order within the deadline according to Art. 4.1 VOP.
10. The buyer is entitled to unilaterally withdraw from the contract in the period from the conclusion of the contract to the delivery of the goods. The buyer's withdrawal options after receiving the goods are listed in the General Terms and Conditions and in the relevant legislation. The GTC is also accompanied by an Instruction on the exercise of the consumer's right to withdraw from the contract, as well as a sample form for the consumer to withdraw from the contract. The buyer can download these documents from the seller's website. Upon conclusion of the contract, the seller hereby provides the buyer with an instruction on the exercise of the consumer's right to withdraw from the contract and a sample form for consumer withdrawal from the contract upon delivery of goods.
11. Neither the buyer nor the seller is entitled to assign a claim from mutual relations to a third party.
Purchase price and payment terms
1. The buyer is obliged to pay the seller for the goods the purchase price and the cost of transportation according to the order accepted by the seller. When creating an order, these items are also listed in total (the sum of the price of goods and shipping). The price of goods on the portal is listed with VAT, unless it is stated that it is a price without VAT.
2. The purchase price of the goods does not include bank fees for payment of the purchase price, costs of transporting goods, costs of cash on delivery, costs of delivery of purchased goods, costs of using electronic means of communication. The buyer is obliged to pay these fees and costs, unless otherwise stated below. When paying from abroad, the buyer, as the payer, is obliged to bear the fees of his bank and other fees.
3. The price may change due to an obvious typographical or other error regarding the price of the goods found in the seller's system or published on the shopping portal for the goods. Both the buyer and the seller are entitled to cancel the order, or withdraw from the purchase contract (until the moment of taking over the goods) if the buyer is notified of a change in the purchase price of an item due to an obvious typographical or other error regarding the price of the goods.
4. The method of payment of the purchase price and the costs of transporting the goods
  1. in cash when taking over the goods (cash on delivery) – the purchase price and the costs of cash on delivery and the transport of the goods are indicated in the shopping cart in the process of ordering the goods,
  2. by cashless payment to the seller's account at the moment of creating the order or after acceptance orders – the purchase price and shipping costs of the goods are indicated in the shopping cart when ordering the goods.
5. When paying without cash, the buyer is obliged to indicate the buyer's order number as a variable symbol. A variable symbol entered incorrectly by the buyer during payment results in an incorrect settlement of the purchase price and the buyer bears all the risks associated with it and the buyer is in default in fulfilling the obligation to pay.
6. Bank fees for payment of the purchase price and transport costs to the buyer are governed by the contract between the buyer and by the buyer's bank. The buyer is warned that the information on the costs of transporting the goods is clearly stated in the process of ordering the goods and depends on the choice of carrier/delivery service/delivery method. The costs for the use of electronic means of communication are governed by the contract between the buyer and his internet connection provider, or his provider of electronic communication services.
7. The seller issues and delivers the invoice to the buyer in accordance with the applicable laws of the Slovak Republic. By sending the order, the buyer agrees that the invoice will be sent together with the goods or made available to the buyer electronically. The invoice is sent together with the goods and the invoice is also a delivery note.
8. When the buyer withdraws from the concluded contract, the procedure is in accordance with legal regulations and GTC. The purchase price will be refunded to the account from which the payment was received, or in another way based on the agreement of the parties. Before returning the paid price, in case of doubt, the seller is entitled to demand from the buyer proof of the fact that he is the owner of the account and/or the right to receive money. funds. If the seller is obliged to return the purchase price to the buyer and the goods have already been delivered to the buyer, the seller will return the purchase price to the buyer after returning the goods to the seller.
Delivery of goods, terms and costs of delivery of goods
1. The seller will deliver the goods to the buyer within 14 days from the date when the contract was concluded between the seller and the buyer in accordance with these GTC. The seller will deliver the goods to the buyer at the address indicated by him when issuing the order (exclusively in the territory of the countries in the European Union) and exclusively to the person listed as the buyer. The delivery or release of goods to a person other than the buyer is not possible without the prior written consent of the seller and the documents required by the seller. For this reason, it is essential that the buyer correctly enter his identification data when ordering the goods and the data for the delivery of the goods. The supplier of the goods is entitled to find out and verify with the receiving person by appropriate means whether this person is the buyer and whether he is authorized to take over the goods. If the circumstances require it, the seller and the buyer can agree on an extension of the delivery period.
  Delivery of goods outside the EU or to another person without authorization to receive the goods is excluded.
  Order in Slovakia - shipping price ...
  Order to the Czech Republic - shipping price ...
2. Delivery of the goods to the buyer is possible only if the purchase price and the cost of transportation for the delivered goods have been paid. Otherwise, the seller, or the courier is authorized not to deliver the goods and the seller is not in arrears with the delivery of the goods. The buyer is obliged to properly take over the goods from the carrier/delivery person within the scope of the order accepted by the seller. The buyer acquires ownership of the goods only after payment of the purchase price of the goods, the price of transportation and subsequent receipt of the goods.
3. The buyer clicks on the method of delivery of the goods on the shopping portal, in the process of ordering the goods from the options offered by the seller.
4. The seller and the courier are authorized to notify the buyer of the ongoing delivery of the goods by e-mail, text message or other suitable form (e.g. by telephone). The buyer agrees to the seller providing this buyer's data to the courier. The buyer is obliged to be reachable at the address indicated by him at the time of the notified delivery of the goods.
5. When taking over the goods, the buyer is obliged to prove his identity to the courier by means of a valid identity document without being asked. These documents must show the identity of the buyer and the authorization to take over the goods. Otherwise, the goods may not be handed over by the seller/carrier/courier.
6. If the buyer unjustifiably refuses to accept the goods or repeatedly does not accept them without authorization, the seller is entitled to claim compensation for the costs incurred in this connection.
7. When accepting the goods, the buyer is obliged to check the integrity of the packaging and the number of packages. In the event of any obvious defects found in connection with the transport and the goods, the buyer is obliged to immediately notify the courier and the seller according to point.
8. The buyer is obliged to indicate on the transport document all obvious damage to the shipment and damage to the packaging. By signing the acceptance protocol, the buyer confirms that the shipment was received intact. If the buyer does not object to the non-delivery of the goods within 12 hours of the delivery of the goods, based on the confirmed delivery notes, it is assumed that the goods have been properly delivered to the buyer.
9. The seller will immediately inform the buyer about the impossibility of delivering the goods, as well as in cases of force majeure or reasons for which the seller or the carrier/deliverer is not responsible. In this case, the seller will offer or provide the consumer with alternative performance and proceed in accordance with the GTC and applicable legal regulations.
10. The shipment is considered delivered even if the addressee refuses to accept it, or even if the addressee does not accept it due to his own fault or omission. In such a case, it is considered to have been delivered upon expiry of the storage period at the post office for the duration determined by the seller's consignor and upon return of the parcel to the consignor. Notifications delivered by courier will be considered delivered at the moment of receipt by the contracting party. In case of unsuccessful delivery by the courier, the third day after the first delivery attempt will be considered as the moment of delivery, while the delivery attempt will be proven by the courier's statement. It is the sole authority of the seller to decide in which form and in which cases he will communicate with the buyer (sms, e-mail or other suitable method).
11. Personal collection of the goods after a telephone agreement is possible if the ordered goods are located there. The buyer is obliged to immediately complain about obvious defects in the goods.
Complaint conditions and return policy
1. The provisions of this point do not apply to a buyer who is not a consumer and/or a person who purchases goods for the purpose of business and not for the purpose of personal consumption of natural persons; liability for product defects in this case is governed by the provisions of §422 et seq. Commercial Code. The seller handles consumer complaints in accordance with Act no. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and applicable legal regulations.
2. The seller issues a confirmation to the consumer when making a claim. Assessment of the claim without presenting the goods or without presenting a copy of the proof of purchase is not possible.
Return of goods, resignation from the contract
1. Instruction on the consumer's right to withdraw from the contract / exercise of the right to withdraw from the contract:
  
  The purchasing consumer has the right to withdraw from the contract without giving a reason within 14 days. The period for withdrawing from the contract expires after 14 days from the day when the consumer buyer or a third party designated by him, with the exception of the carrier/courier, takes over the goods. If the goods are delivered separately, the withdrawal period expires after 14 days from the day when the consumer buyer or a person designated by him, with the exception of the carrier/courier, takes over the goods that were delivered last. When exercising the right to withdraw from the contract, the consumer buyer must inform the seller of his decision to withdraw from this contract by a clear statement at the address Spa and Wellness s.r.o., Panenská 33, 811 03 Bratislava, Slovak Republic. For this purpose, the consumer buyer can use the sample form for withdrawing from the contract, which is available on the seller's shopping portal. The withdrawal period is preserved if the buyer-consumer sends a notification of the exercise of the right to withdraw from the contract before the withdrawal period expires, at the latest on the last day of the period. The consumer buyer can withdraw from the contract even before the withdrawal period begins. More detailed conditions are regulated in Act No. 102/2014 Coll. After withdrawing from the contract, the seller will return to the buyer consumer the payments that the seller is obliged to return according to the legal regulations without undue delay, no later than 14 days from the date of delivery of the buyer consumer's notice of withdrawal from the contract. The seller is not obliged to return the payments to the consumer according to the previous sentence before the goods are delivered to him or until the consumer proves that the goods have been sent back to the seller. The payment will be made in the same way as was used for the original payment by the purchasing consumer. Payment for the purchased goods will be paid to the purchasing consumer only after delivery of the returned goods back to the address of Spa and Wellness s.r.o., Osloboditelų 131/4, 013 13 Rajecké Teplice. The consumer buyer is responsible for any decrease in the value of the goods according to §10 par. 4 of Act No. 102/2014 Coll. as a result of handling it in a way other than what is necessary. The consumer buyer cannot withdraw from the contract in cases according to § 7 par. 6 of Act no. 102/2014 Coll.
2. The consumer buyer is obliged to send the goods back or hand them over to the seller no later than 14 days from the date of withdrawal from the contract. The goods must be returned to the buyer undamaged, unopened from the protective packaging, without tampering with the protective packaging and in the original packaging. If the goods were returned to the seller undamaged, unopened from the protective packaging, without tampering with the protective packaging and in the original packaging, the seller will return the paid purchase price of the goods to the buyer in accordance with the GTC and legal regulations. Based on this agreement, the purchase price will be returned by bank transfer to the buyer's original account, unless the parties agree otherwise.
3. In the event of the return of damaged goods, the seller is entitled to claim damages against the buyer, or other legal claims. He is entitled to offset these claims against the claim for the return of the purchase price.
4. In the event of a breach of the conditions for withdrawal from the contract or proper return of the goods, the seller is entitled to claim compensation from the buyer for the damage caused to him in accordance with the relevant legal regulations.
Privacy

The company Spa and Wellness with r. o., Panenská 33, 811 03 Bratislava, IČO: 35857242, registration of the OR MS BA III, ODD: Sro, File no. 28758/B, the Seller processes personal data, which on the portal https://www.aphroditeshop.sk/ The buyer will indicate or provide in communication. The Seller is the operator of the personal data information system pursuant to Act no. 18/2018 Coll. on the protection of personal data. The buyer provides the seller with personal data to the extent: name, surname, address, e-mail address, telephone number, or date and year of birth. The purpose of personal data processing is:

- identification of the buyer as a contractual partner for the performance of the contract executed through the shopping portal, correct delivery of documents and goods, implementation of pre-contractual relations, negotiation of changes or termination of the contract,
- fulfillment of obligations established by law and generally binding legal regulations of the Slovak Republic

The legal basis for processing personal data is Act No. 18/2018 Coll. on the protection of personal data, other generally binding legal regulation and/or consent of the buyer according to Act no. 18/2018 Coll. This data and consent is provided by the buyer voluntarily. Without providing this data, it is not possible to make a purchase, to deliver the goods, and it is not possible to issue or deliver a purchase receipt. The buyer gives his consent and the seller informs the buyer that the provided personal data can be: - provided to third parties to the extent necessary for the purpose of preparing, fulfilling and checking the contract, fulfilling rights and obligations, - made available to recipients who participate in the preparation and implementation of the purchase order, on the preparation and implementation of information reports on the basis of consent provided by the buyer.

The buyer also gives his consent to the processing of the provided data, which are not personal data.

Instruction:
As a data subject, the buyer has rights in particular according to § 13 et seq. Act no. 18/2018 Coll. on the protection of personal data. On the basis of a written request delivered to the seller's address, the buyer has the right, in particular, to demand confirmation of whether or not the buyer's personal data is being processed and to object to the processing of the buyer's personal data, which he assumes are or will be processed for direct marketing purposes without the buyer's consent. and demand their liquidation. If the seller has an obligation to provide and/or deliver mandatory information to the buyer and this obligation is not fulfilled in the form of publication in the General Terms and Conditions, by registering, you express your consent for this information to be provided to the buyer in the form of an e-mail or SMS message to the provided contact information, or in another suitable way.
Final provisions
1. If any of the provisions of the GTC and/or contract is invalid or ineffective, such invalidity or ineffectiveness does not result in the invalidity or ineffectiveness of other provisions of the contract / GTC. In such a case, the parties undertake to immediately replace such invalid or ineffective provision with a new one so that the purpose pursued by the respective invalid or ineffective provision at the time of its adoption is preserved, or conclusion of this contract.
2. The decisive substantive and procedural law is the law of the Slovak Republic. All disputes that arise from the GTC, the contract or in connection with them, including disputes from the supply of goods, will be decided exclusively by the courts of the Slovak Republic according to the law of the Slovak Republic.
3. Out-of-court dispute resolution - the body for alternative dispute resolution is the Slovak Trade Inspection - Act no. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.
  Slovenská obchodná inšpekcia
  ústredný inšpektorát
  Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov
  Bajkalská 21/A
  827 99 Bratislava 27
  Elektronická podateľňa: https://www.slovensko.sk
  +421 (0)2/58 27 21 23, +421 (0)2/58 27 21 41, fax: +421 (0) 53 41 49 96
  
  You can find the list of alternative dispute resolution entities on the website of the Ministry of Economy of the Slovak Republic - www.mhsr.sk
4. GTC are valid and binding from the date of their publication on the seller's website. The seller reserves the right, at its own discretion, to cancel, change, modify or replace the General Terms and Conditions with new ones, with the provision that the General Terms and Conditions valid at the time of the conclusion of the purchase contract apply to the concluded contracts. By completing the registration, as well as sending the order and clicking consent to the GTC at https://www.aphroditeshop.sk/ at the end of the ordering process, the buyer confirms that he has been provided with information about the buyer's right to withdraw from the contract according to § 3 par. 1 letter h) Act no. 102/2014 Coll., that he has familiarized himself with and agrees with the General Terms and Conditions, considering them as part of the contractual relationship.
  The General Terms and Conditions in this version are published and valid from 15.07.2022 and will be applied to orders delivered through the shopping portal after this date.

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