- Basic provision
- These general business conditions (hereinafter referred to as “business conditions”) are in accordance with the provisions of Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the “Civil Code”), 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 “Consumer Protection Act”), Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller’s premises and amending certain laws (hereinafter referred to as the “Distance Consumer Protection Act”)
Name: ALL4 MARKETPLACE LTD
Company ID: 13893806
with registered office: ENTERPRISE HOUSE 2 PASS STREET , OLDHAM, MANCHESTER, OL9 6HZ
(here in after referred to as the “seller”)
- These terms and conditions govern the mutual rights and obligations between the seller and the natural person who enters into the purchase contract (hereinafter “buyer”) through a web interface located on the website available at www.smoothiejet.eu (hereinafter “online store”).
- The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
- These business conditions and the purchase contract are concluded in the Slovak language.
II.Information about goods and prices
- Information about the goods, including the prices of individual goods and their main properties are given for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by post. The prices of the goods remain valid for as long as they are displayed in the online store.
- All presentations of goods placed in the online store catalog are of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
- Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on costs associated with the packaging and delivery of goods listed in the online store is valid only if the goods are delivered within the territory of the Slovak Republic.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of the purchase contract
- The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
- The buyer orders the goods in the following ways:
- through your customer account, after prior registration in the online store,
- by filling out the order form without registration.
- When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the… button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded only after the order is accepted by the seller. Notification of receipt of the order is delivered to the buyer’s email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered as the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the email address of the buyer.
- In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by the buyer’s confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.
- All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt
orders by the seller. The buyer can cancel the order by phone to the phone number or email of the seller specified in these terms and conditions.
- In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer for this completely incorrect price, even if the buyer was sent an automatic confirmation of receipt. orders according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the changed offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
- Based on the buyer’s registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
- When registering in the customer’s account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the customer’s account and when ordering the goods are considered correct by the seller.
- Access to the customer’s account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information needed to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account to third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account for longer, or if the buyer violates his obligations under the purchase agreement or these terms and conditions.
- The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
V.Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer can pay in the following ways:
- cashless payment card
- cashless transfer to the seller’s account: IBAN: SK24 0900 0000 0051 7067 4975
- cash on delivery or payment card when handing over the goods,
- Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
- In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the bank account of the seller.
- The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
- According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in the event of a technical failure then within 48 hours at the latest
- The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- by means of a consignment note to the address of the consignment note designated by the buyer,
- The choice of delivery method is made during the ordering of goods.
- The costs of delivery of goods depending on the method of sending and taking over the goods are specified in the buyer’s order and in the order confirmation by the seller. If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
- The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s email address. / The tax document is attached to the delivered goods.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental damage, damage or loss of goods passes to
the buyer at the time of taking over the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
VI. Withdrawal from the contract
- A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
- If the purchase contract is concluded at a distance (via an online store) or outside the seller’s premises, and at the same time if the seller has provided the buyer in a timely and proper manner with the right to withdraw from the purchase contract, conditions, period and procedure to withdraw from the purchase contract (in accordance with the provisions of § 3 paragraph 1 letter h) of the Act on Consumer Protection in Distance Selling) and at the same time fulfill the requirements required by law, the buyer has the right under the Act on Consumer Protection in Distance Selling reason and withdraw from the purchase contract without any penalty.
- The period for withdrawal from the contract is 14 days
- at the moment of taking over the goods which were delivered last, if the subject of the purchase contract is the ordered goods, which are delivered separately
- the moment of taking over the last part or the last piece, if the subject of the purchase contract is several types of goods or the delivery of several parts,
- at the moment of taking over the first delivered goods, if the subject of the purchase contract is goods that are delivered during a defined period.
- The Buyer acknowledges that in accordance with the provisions of § 7 par. 6 of the Act on Consumer Protection in Distance Selling may not, inter alia, withdraw from the purchase contract:
- the provision of the service, if the provision of the service 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 to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
- the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawal from the contract,
- the sale of goods made to the consumer’s special requirements, custom-made goods or goods intended specifically for one consumer,
- the sale of goods which are subject to rapid deterioration or deterioration,
- 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 goods which, by reason of their nature, may be inextricably mixed with other goods after delivery,
- sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, while their delivery can be made no earlier than 30
- days and their price depends on the movement of prices on the market, which the seller cannot influence,
- carrying out urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as their object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller’s visit to the consumer and the consumer did not pre-order these services or goods,
- the sale of sound recordings, video recordings, sound recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
- the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
- provision of accommodation services other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,
- 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 to withdraw from the contract.
- In order to comply with the deadline for withdrawal from the purchase contract, the buyer must send any unambiguous statement expressing his willingness to withdraw from the purchase contract within the period specified in para. 3 of Article VI of these Terms and Conditions. 6. To withdraw from the purchase contract, the buyer can use the standard form for withdrawal from the purchase contract provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will confirm to the buyer the receipt of the form without delay.
- The buyer who withdrew from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the purchase contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.
- If the buyer withdraws from the purchase contract, the seller will return to him immediately, but no later than 14 days from the withdrawal from the purchase contract, all funds, including delivery costs, which he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
- If the buyer has chosen a method other than the cheapest method of delivery of goods offered by the seller, the seller will return to the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
- The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the email address specified in the order and return within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
VII.Right from defective performance
- The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of arrangements, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and the advertising they carry out,
- the goods are fit for the purpose stated by the seller for their use or for which goods of the same kind are commonly used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of legal regulations.
- Obligations arising from incorrect performance of the seller shall be at least to the extent that the obligations arising from incorrect performance by the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.
- If, in accordance with other legislation, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. As a guarantee of quality, the seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual properties. If the buyer has rightly blamed the seller for the defect of the goods, there is no period for exercising the rights arising from the defective performance or a warranty period for the period during which the buyer cannot use the defective goods.
- The provisions of the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods for a defect corresponding to the degree of use, or
wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods. The right of erroneous performance does not belong to the buyer, if he knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
- In the event of a defect, the buyer may submit a complaint to the seller and request:
- exchange for new goods,
- repair of goods,
- reasonable discount from the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a substantial defect,
- if he cannot use the thing properly due to the recurrence of the defect or defects after repair,
- with a larger number of defects of the goods.
- Substantial is a breach of the purchase contract of which the breached party already knew at the time of concluding the contract or must have known that the other party would not have entered into the contract if he had foreseen such breach.
- In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
- If the case of a remediable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a large number of errors (usually at least three errors at once), the buyer has the right to claim a discount on the purchase price, exchange of goods or withdraw from the contract.
- When making a complaint, the buyer is obliged to inform the seller which right he has chosen. Changing the choice without the consent of the seller is possible only if the buyer asked if the correction of the defect, which turns out to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
- If repair or exchange of goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
- If the seller proves that the buyer knew about the error of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer’s claim.
- The buyer cannot claim discounted goods for the reason for which the goods are discounted.
- The seller is obliged to accept the complaint in any operation in which it is possible to accept the complaint, or in the registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
- The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. It is not included in this period
time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the will of the buyer will express itself (exercise of the right from incorrect performance) to the seller.
- The seller informs the buyer in writing about the result of the complaint.
- The right of incorrect performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
- In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
- The buyer has the choice of the method of complaint. 20. Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaint procedure.
- The Contracting Parties may deliver all written correspondence to each other by electronic mail.
- The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
X.Inter-court dispute resolution
- The Slovak Trade Inspection, with its registered office at PO BOX 29, Bajkalská 21 / A, 827 99 Bratislava, Internet address: https://www.soi.sk/sk, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
- European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / A 827 15, Bratislava 212 Slovak Republic, Internet address: http://www.evropskyspotrebitel.sk is a contact point pursuant to Regulation (EU) No 182/2011 of the European Parliament and of the Council. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and complements Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. To a limited extent, the Slovak Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act and the Consumer Protection Act for distance selling.
- All agreements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights under generally binding legislation.
- The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of § 3 par. 1 letter n) of the Act on Consumer Protection in Distance Selling.
- All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
- The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way as to be contrary to its purpose or purpose.
- The purchase contract, including business conditions, is archived by the seller in
- The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- Attached to the terms and conditions is a sample form for withdrawal from the contract.
These terms and conditions take effect on 17.5.2021