General Terms and Conditions
Part I. Terms and conditions for persons who are consumers
- General provisions
- These general terms and conditions (hereinafter also referred to as "terms and conditions") regulate the rights and obligations of the contracting parties arising from the consumer contract concluded between the trader, which is the company Orechini, s.r.o., 52 884 775, registered in the Commercial Register maintained by the Municipal Court of Bratislava III, Section Sro, File No.: 162910/B, Tax ID No.: 2121343433 (hereinafter referred to as the "trader"), and the buyer, who is a consumer, and the subject of which is the purchase and sale of goods on the trader's e-commerce website.
- Trader's contact details:
e-mail: info@orechini.sk
Phone: +421 905 970 503
correspondence address:
Orechini s.r.o.
Stará Klenová 28, 831 01 Bratislava - New Town district
account number for non-cash payments: SK03 1100 0000 0029 4409 2749
Supervisory authority:
SLOVAK TRADE INSPECTION
SOI Inspectorate for the Bratislava Region
Bajkalská 21/A, P.O.BOX No. 5, 820 07 Bratislava
Supervision Department
ba@soi.sk
tel. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70 - For the purposes of this section of the Terms and Conditions, the consumer means the buyer. For the purposes of this part of the terms and conditions, the trader means the seller.
- For the purposes of these terms and conditions, a consumer is a natural person who is not acting in the course of his or her business or profession in connection with a consumer contract, an obligation arising from it or a commercial practice.
- When placing an order, the consumer shall provide his name, surname, postal and billing address, telephone number, e-mail contact.
- The General Terms and Conditions are an integral part of the consumer contract. If the trader and the consumer conclude a written consumer contract in which they agree on terms and conditions different from the General Terms and Conditions, the provisions of the consumer contract shall prevail over the General Terms and Conditions.
- Method of concluding a consumer contract
- A consumer contract is concluded by binding acceptance of the consumer's proposal to conclude a consumer contract by the merchant in the form of a form filled in and submitted by the consumer on the merchant's website - www.orechini.sk (hereinafter referred to as the "Order"). All prices for goods and services and all charges in the online shop are quoted in EUR including VAT. A condition for concluding a consumer contract is the truthful and complete completion of all data and details required for the execution of the order.
- The binding acceptance of the consumer's order is the e-mail confirmation by the trader of the acceptance of the order after prior receipt of the order and after verification of the availability of the goods, the applicable prices and the delivery date of the goods requested by the consumer, referred to as "order confirmation". In the event that a higher price is found, the trader is obliged to request the consumer's consent to change the price according to the current price list before confirming the order. Only when the consumer agrees to the price change and the merchant subsequently confirms (accepts) the order, the contractual relationship is deemed to be concluded. All prices for goods and services and all charges in the online shop are inclusive of VAT.
- The binding acceptance of the order contains in particular data on the name and specification of the goods, the sale of which is the subject of the consumer contract, further data on the price of the goods and/or other services, data on the delivery period of the goods, the name and data on the place where the goods are to be delivered and data on the price, conditions, method and date of transport of the goods to the agreed place of delivery of the goods to the consumer, data on the trader (business name, registered office, VAT number, number of registration in the commercial register, etc.), or other data, if applicable.
- In the event of discovering an error in the order placed, the consumer may contact the trader by phone or e-mail (contact details are given in the introduction to these terms and conditions).
- The Consumer may deliver to the Merchant, by e-mail or by telephone, within 24 hours of the receipt of the order, a notice to the Merchant that he cancels the order if the contract has not yet been validly concluded within the meaning of Article 2. This provision is without prejudice to the consumer's right to withdraw from a contract (if already concluded), the subject of which is the delivery of goods, even before the withdrawal period has started. The consumer is obliged to indicate in the notice of cancellation the name, e-mail and description of the goods ordered. If the consumer has paid the purchase price or part of it to the trader in the time up to the cancellation of the order, the trader shall refund the purchase price or part of it already paid within 14 days of the cancellation of the order in the same way as the consumer used for his payment.
- According to Act No. 222/2004 Coll. on value added tax, the data in the tax document (invoice) already issued cannot be changed. The data in the tax document (invoice) can be changed only in the case when the consumer has not yet received the goods and has not paid for them.
- In the case of ongoing promotions, the sale of goods on the merchant's website is governed, in addition to these General Terms and Conditions, by the binding terms and conditions of the respective promotion. In the event that the consumer orders goods contrary to the terms and conditions of the relevant promotion, the merchant is entitled to cancel the consumer's order. The consumer will be informed of the cancellation of the order by e-mail and, in the event of payment of the purchase price or part thereof, the funds will be refunded within 14 days to the account designated by the consumer, unless otherwise agreed with the trader.
- Trader's rights and obligations
- The trader is obliged to:
- to deliver the goods to the consumer in the agreed quantity, quality and date on the basis of an order confirmed by the trader and to pack or equip them for carriage in a manner necessary for their preservation and protection,
- to ensure that the goods delivered comply with the applicable legislation of the Slovak Republic,
- hand over to the consumer, together with the goods, in written or electronic form at the latest, all documents necessary for the acceptance and use of the goods and other documents prescribed by the applicable legislation (instructions in Slovak language, tax document),
- sell and provide the product at the agreed price and fees, charge the correct prices and fees when selling and providing the product and give the consumer a receipt for payment of the price,
- include in any commercial communication, including advertising and marketing of the product, which requires the consumer to contact the trader by telephone at a premium rate number or by SMS at a premium rate in order to obtain the product, a true and complete statement of the unit price of the call, the unit price of the SMS or the maximum possible price of the call or SMS that the consumer is required to pay for the call or SMS; where there is a dispute as to the price and the consideration to be paid by the consumer for the call or SMS, the trader shall bear the burden of proving the entitlement to and the amount of the consideration,
- mark the establishment in a suitable and permanently visible place with its business name and registered office or place of business and opening hours for consumers,
- sell used or defective goods separately from other goods or separately marked; this does not apply if the trader offers only used or defective goods,
- show the goods or inspect the goods in front of the consumer before the conclusion of the contract, if the nature of the goods allows it and the consumer so requests,
- allow the consumer to check the weight or quantity of the goods sold for quantity,
- provide the consumer with all information and documents in the Slovak language or, with the consumer's consent, in another language which is comprehensible to the consumer and in the form provided for by law, determined by the contract or, at the consumer's request and at no additional cost to the consumer, in a form accessible to the consumer in accordance with an international treaty by which the Slovak Republic is bound; the possibility of simultaneous use of other languages, signs, graphic symbols and pictograms is not affected,
- when selling or providing a product, to observe the principle of equal treatment in relation to the consumer, to provide the service to the consumer in a safe manner and with professional care,
- provide the consumer with a written confirmation of the service defect and the period within which the defect will be rectified, which shall not be longer than 30 days from the date of the service defect, immediately after the defect has been pointed out by the consumer,
- notify the consumer in writing of the reasons for refusing liability for defects in the service if the trader refuses liability for defects in the service,
- when withdrawing from the contract, round up the payment for the product paid in cash,
- provide assistance to the Ministry of Economy of the Slovak Republic in the out-of-court settlement of a cross-border dispute between a consumer and a trader through the network of European Consumer Centres.
- The trader has the right to be duly and timely paid the purchase price by the consumer for the delivered goods.
- Before binding acceptance of the order, the trader has the right to cancel the order if, due to out of stock or unavailability of the goods, he is unable to deliver the goods to the consumer within the time limit specified in these terms and conditions or at the price stated in the online store, unless he agrees with the consumer on alternative performance. The consumer will be informed of the cancellation of the order by e-mail, SMS or letter.
- The trader reserves the right to verify the identity of the consumer or the person authorized to collect the goods upon personal collection of the goods, in cases where the delivery of goods by the consumer is paid in advance by card, by bank transfer or by invoice with payment due.
- Consumer rights and obligations
- The consumer is obliged to:
- to collect the purchased or ordered goods,
- pay the agreed purchase price to the trader within the agreed due date, including the cost of delivery of the goods,
- not to damage the goodwill of the trader,
- confirm the acceptance of the goods in the delivery note with his signature or the signature of a person authorised by him.
- The consumer has the right to delivery of the goods in the quantity, quality, date and place agreed by the parties in the binding acceptance of the order.
- The consumer has the right to:
- to protect health, safety and economic interests,
- to information to the extent and under the conditions provided for in this Act and in legally binding acts of the European Union,
- to exercise product liability rights,
- lodge a complaint with a supervisory authority in the field of consumer protection pursuant to Section 26 of the Act, if it considers that the rights or legally protected interests of the consumer have been violated,
- to appropriate financial compensation from the person who violated the consumer's rights or consumer protection obligations, if the consumer successfully claims the violation of the consumer's right or consumer protection obligation in court; in determining the amount of appropriate financial compensation, the court shall take into account in particular the nature, gravity, manner, extent, consequences, duration and circumstances of the violation of the consumer's right or consumer protection obligation.
- Delivery and payment terms
- The trader provides transport only within the territory of the Slovak Republic. If the consumer wishes to send the goods abroad, it is not possible to provide the transport in this way. In any case, the contractual relationship where the consumer is a foreigner will be governed by Slovak law and in the event of a dispute, the court in Slovakia will have local and subject matter jurisdiction.
- The trader allows the following methods of delivery of goods to the consumer:
- Personal collection (personal collection),
- Delivery agent (courier).
- The trader undertakes to deliver the ordered goods to the buyer within a reasonable period of time (hereinafter also referred to as the "delivery period"). Deliveries of goods whose order has been confirmed by the Merchant will be made according to the operational possibilities of the Merchant, usually between 4 hours and 5 working days from the binding confirmation of the order. In exceptional cases, the Merchant may unilaterally extend the Delivery Time, even repeatedly. The trader reserves the right to extend the delivery period in cases of force majeure or in cases where it is not possible for objective reasons to make delivery within the usual delivery period. In the event of a change in the delivery period, the trader shall inform the consumer of this fact by electronic message (e-mail) or SMS message. The consumer is additionally informed of the dispatch of the goods or of their readiness for personal collection by electronic message (e-mail) and/or SMS message.
- The Merchant lists the options for delivery of the Goods and/or Services and the fees for these individual options for delivery of the Goods and/or Services (applicable for the entire territory of the Slovak Republic).
- If the trader has not fulfilled his obligation to deliver the item within the agreed period, the consumer shall invite him to deliver the item within an additional reasonable period granted by him. If the trader fails to deliver even within that additional reasonable period, the consumer shall be entitled to withdraw from the contract. The consumer may also withdraw from the contract without giving an additional reasonable period of time if:
- The trader refused to deliver the item,
- Timely delivery was extremely important given all the circumstances surrounding the conclusion of the contract,
- the consumer has informed the trader before concluding the contract that timely delivery is of the utmost importance.
- The trader reserves the right to refuse an order and/or withdraw from the contract for the purchase of goods:
- of a substandard or speculative nature,
- due to the out-of-stock of the goods, their unavailability or if the manufacturer has interrupted production or made such significant changes that it is impossible to fulfil the obligations of the trader arising from the consumer's order or for reasons of force majeure,
- if, even after making all efforts that can be fairly required of the trader, he is unable to deliver the goods to the consumer within the time limit specified in these GTC or at the price ordered.
- If the chosen method of delivery is by a delivery agent, the trader shall deliver the ordered goods to the consumer at the address that the consumer has indicated as the delivery address in the order. The delivery of the goods does not include installation or other acts (e.g. unloading of the goods, etc.). The consumer is obliged to collect the goods at the place of delivery in person or to arrange for the goods to be collected by a person whom he authorises to collect the goods in his absence. The person authorised to take delivery of the goods must present the original written authorisation to the trader or delivery agent. Where the goods to be delivered are goods the sale of which is subject by special regulations to the consumer reaching a minimum age, the trader or delivery agent shall have the right to verify that the consumer has reached the age entitling him or her to take delivery of the goods.
- A COD order not received at the time of delivery or redelivery by the delivery service agent will be cancelled.
- If the consumer chooses the method of delivery by personal collection, the goods are ready for collection by the trader after sending a notice of the possibility of collection at the address of the trader or at the trader's warehouse. The address of the premises and the opening hours of the place of personal collection are available when the order is created and/or when the order is confirmed by the trader. If the consumer does not take delivery of the goods within 7 days after the expiry of the notice of availability, the trader shall be entitled to withdraw from the contract of purchase of the goods.
- The trader shall give the buyer a tax document (invoice) upon personal receipt or in the shipment with the goods. The trader may also send the tax document (invoice) to the consumer in electronic form (hereinafter referred to as "electronic invoice") to the consumer's e-mail address. For this purpose, an electronic invoice means an electronic document in PDF format which is, but not necessarily, signed with the trader's electronic signature in accordance with a special regulation, the electronic invoice being a full replacement for the paper invoice - tax document.
- The trader is entitled to invite the consumer to take delivery of the goods before the expiry of the period agreed in the consumer contract.
- The consumer is entitled to inspect the consignment, i.e. the goods as well as their packaging, immediately upon delivery. If the consumer finds that the goods or the packaging of the goods are mechanically damaged, he is entitled to notify the carrier and check the condition of the goods in his presence. In the event that the consumer discovers that the goods are damaged on receipt of the goods, the consumer shall have the right to refuse to accept the goods immediately on receipt of the goods. The carrier shall be obliged to draw up a damage report in the presence and at the request of the consumer. On the basis of the record thus drawn up and delivered to the trader, the trader may, after concluding the damage claim with the carrier, remedy the defect in the goods, grant a discount on the goods and, in the event of irremediable defects in the goods, deliver new goods to the consumer. Later claims of this type will have to be proved. Incomplete or damaged shipments must be reported immediately by email to: info@orechini.sk a draw up a damage report with the carrier and send it without undue delay by e-mail or post to the trader's address. Otherwise, a claim for this type of goods can only be accepted if the consumer proves that the claimed defects were already present at the time of receipt of the goods.
- The consumer is entitled to withdraw from the consumer contract in the event of non-delivery of the goods by the trader within the period specified in these Terms and Conditions and the trader is obliged to refund the consumer the already paid part of the purchase price without undue delay, but no later than within 14 days of receipt of the withdrawal from the consumer contract in the same way as the consumer used in his payment, unless the consumer agrees with the consumer on another method of refund without charging the consumer additional fees.
- The trader has the right to compensation for damages (according to § 420 et seq. of the Civil Code), in the amount of the actual costs in the case of unsuccessful delivery of the order in the event that the consumer ordered the goods, which did not or did not withdraw from the contract and at the same time from the carrier did not take over the goods or after the call of the trader, in the case of personal collection, did not take over the goods at the designated place within the specified period for collection. By doing so, the consumer has breached his obligation set out in point 4.1(a) of these terms and conditions, according to which the consumer is obliged to take delivery of the ordered goods.
- The trader is also entitled not to claim the right to compensation or to claim only part of the right to compensation.
- If the goods are subject to a promotional price, it is valid from the date of publication of the promotion in the description of the goods or until the stock of these goods is sold out. Any additional discounts that are provided over and above the discounts indicated for individual goods in the e-shop, individual discounts for the buyer or discounts provided on the basis of contractual cooperation of the seller with third parties are not mutually combinable.
- The transport fee will be added to the price, unless the consumer has chosen the method of transport by a delivery agent (hereinafter also referred to as "carrier" or "courier") and unless the value of the ordered goods does not exceed the value set by the merchant, in which case the cost of transport is charged to the merchant. The fact that the merchant is liable for the freight charge shall be stated in the order. The value of the order is indicated throughout the purchase process. The shipping price is set according to the current price list of the delivery agent.
- Any difference between the sum of the unit prices with tax and the total price is due to rounding.
- The consumer can pay the price according to the order:
- by credit card (CardPay),
- payment gateway of internet banking (Tatra banka Tatrapay)
- by bank transfer or deposit to the Seller's account on the basis of an advance invoice issued by the trader,
- cash on delivery (payment to the delivery agent when collecting the goods),
- gift vouchers.
- Payment by bank transfer must be made within 3 days from the date of order confirmation, otherwise the order is cancelled. Goods or services offered as part of a promotion or as part of another benefit may not be available at the time of payment when choosing the bank transfer payment method and the Company does not guarantee their availability with this payment method.
- The Merchant reserves the right to temporarily or permanently restrict payment methods for technical reasons, due to obstacles on the part of the Merchant or the intermediary of these services or due to force majeure.
- The trader does not charge a fee for the payment of the price, except for the payment to which an additional service (e.g. cash on delivery) is linked.
- Payment shall be understood as the moment of crediting the price to the Seller's bank account or the moment of confirmation by the payment intermediary of its execution.
- Purchase price
- The consumer is obliged to pay the merchant the purchase price of the goods agreed in the consumer contract and/or according to the merchant's price list valid at the time of conclusion of the consumer contract, including the cost of delivery of the goods (hereinafter referred to as the "purchase price"). All prices quoted on the Merchant's website are final. The price of the goods does not include the cost of shipping and handling. The consumer shall pay the price for the goods as stated on the trader's website at the time of ordering. Individual discounts for consumers are subject to separate agreement. The prices of individual products are inclusive of value added tax (VAT) and all other taxes. In the event of a change in the VAT rate, the VAT rate in force at the time the tax invoice is issued will be charged. The consumer shall pay the price for the goods as stated on the merchant's website at the time the order is placed.
- The final price is indicated in the order form just before the order is sent, it is inclusive of VAT, or all other taxes and fees (packaging, postage...) that the consumer must pay to obtain the product or service. This price cannot be unilaterally changed by the trader.
- The consumer is obliged to pay the trader the purchase price for the agreed goods within the time limit according to the consumer contract, but at the latest upon receipt of the goods.
- If the consumer pays the trader the purchase price for the goods agreed in the consumer contract, the consumer is entitled to withdraw from the consumer contract and to claim a refund of the purchase price only in accordance with applicable Slovak law.
- The costs of removal of the goods are not included in the purchase price of the goods and the trader is not obliged to provide these services to the consumer.
- All promotions are valid while stocks last, unless otherwise stated for a specific product.
- In the event that the purchase price for the returned or claimed goods and the goods for which the contract has been withdrawn is paid by the consumer in the form of gift certificates, or a combination thereof with a cash payment, the trader shall refund the purchase price to the consumer in the same form as it was paid by the consumer (i.e. in the same way as the consumer used for his payment, unless another method of refund is agreed with the consumer without charging the consumer any additional fees).
- None of the merchant's goods are intended for industrial or professional use. Merchant's goods are not for resale.
- Acquisition of ownership and transfer of risk of damage to goods
- Upon receipt of the goods at the agreed place, the ownership of the goods passes to the consumer. A consumer who does not meet the definition of a consumer set out in these terms and conditions shall only acquire title to the goods upon payment in full of the purchase price for the goods. The goods shall be deemed to have been delivered upon receipt of the goods upon personal collection or upon receipt of the goods from the transport company.
- The risk of accidental destruction, accidental deterioration, loss or other damage to the goods passes to the consumer at the time of delivery of the goods from the trader or, if he fails to do so in time, at the time when the trader allows him to dispose of the goods and the consumer does not take possession of the goods.
- Compliance with the sales contract
- The item sold must be of the agreed quality, quantity, measure or weight, workmanship and be free from defects, in particular it must comply with the binding technical standards. If special rules must be observed in the use of the goods, the trader is obliged to inform the consumer of these rules, unless they are generally known.
- The display of colour shades depends, among other things, on the quality of the monitor or other display device used.
- Complaints procedure (liability for defects, warranty, complaints)
- The trader shall be liable for defects in the goods contrary to the contract, which the goods have upon receipt by the consumer, and for defects and shortcomings of the goods that appear after receipt of the goods within the warranty period, which in the case of foodstuffs is the period of minimum durability or the expiry date. Goods labelled as foodstuffs shall retain the required quality and wholesomeness until the specified date, which is the use-by date or the date of minimum durability marked on the product packaging. In the case of perishable foodstuffs, the claim must be lodged no later than the day following purchase, otherwise the consumer's right shall be extinguished. The details of the complaint shall be governed by the Complaints Procedure.
- The following Complaints Procedure, published on the Seller's website www.orechini.sk, applies to the handling of complaints. By ticking the box before sending the order to the trader, the consumer confirms that he/she has read the Complaints Procedure and agrees with it in its entirety, and also confirms that he/she has been duly informed about the conditions and method of claiming the goods, including the details of where the claim can be made.
- The Complaints Procedure applies to goods purchased by the consumer from the trader in the form of e-commerce on the trader's e-commerce website.
- The Complaints Procedure in this form is valid for all commercial cases, unless other warranty conditions are contractually agreed.
- During the warranty period, the consumer has the right to claim liability from the trader for defects in goods that are defective, for which the manufacturer, supplier or trader is liable, are covered by a warranty and have been purchased from the trader, provided that the consumer proves that the goods have been purchased from the trader and are within the warranty period (e.g. by proof of payment, a warranty certificate, etc.).
- The consumer is entitled to inspect the goods upon receipt of the goods. If he fails to do so, the trader shall be liable for defects in the goods found during such inspection if it is proven that the goods were already defective at the time of receipt of the goods.
- During the warranty period, the consumer has the right to have the defect removed free of charge after presenting the goods, including accessories, documentation, instructions to an authorised representative of the trader and proving that the goods were purchased from the trader and are within the warranty period (e.g. proof of payment, warranty certificate, etc.).
- The consumer may exercise the rights of liability for defects or claim a claim for goods only if he/she has pointed out the defect to the trader within two months from the discovery of the defect, but no later than the expiry of the warranty period.
- If the goods are defective, the consumer has the right to make a claim at the address of the trader specified in these terms and conditions by delivering the goods including accessories to Orechini, s.r.o., Stará Klenová 28, 831 01 Bratislava - Nové Mesto and filling in the claim form and delivering it to the trader. The merchant shall determine the form of the form and place a model of the form on the merchant's website. The consumer is obliged to indicate in the form the exact type and extent of the defects in the goods, as well as the time of discovery of the defect.
- The trader recommends the consumer to insure the shipment of goods. Goods sent on delivery are not accepted by the trader.
- The complaint procedure for goods that can be objectively delivered to the trader begins on the day when all of the following conditions are met:
- delivery of the completed consumer complaint form to the trader,
- delivery of the claimed goods, including accessories, from the consumer to the trader.
The commencement of the claim procedure is also the date of the claim. The claimed goods must be delivered to the registered office of the trader, unless the trader or a designated person specifies otherwise (e.g. deliver the goods directly to the designated person). In case of any doubts, please contact Orechini, s.r.o. at +421 905 970 503 or email: info@orechini.sk.
The complaint form can be downloaded here (click here to see the complaint form).
The above recommendation for making a claim does not preclude the consumer from making a claim in any other way.
- The trader is obliged to accept the complaint at any of his establishments where it is possible to accept the complaint, i.e. at his registered office or at a designated person.
- The trader is obliged to ensure the presence of a person authorised to handle complaints at the place designated for receiving complaints under these terms and conditions.
- If the trader is liable for the defect of the sold item, the consumer has the right to have the defect removed by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the consumer contract, pursuant to Section 621(1) of the Civil Code.
- The trader or a designated person shall provide the consumer with a written confirmation of the claim or of the defect immediately after the defect has been pointed out by the consumer, in a suitable form chosen by the trader, e.g. in the form of an e-mail or in writing.
- The guarantee does not cover defects of which the consumer was notified by the trader at the time of conclusion of the contract or of which, taking into account the circumstances under which the consumer contract was concluded, he should have been aware.
- The warranty period is two years (unless a consumer warranty is provided for specific cases) and starts from the date of receipt of the goods by the consumer. If the goods, their packaging or instructions state a time limit for the use of the goods in accordance with other legislation, the warranty period shall expire on the expiry of that time limit. Defective goods and claims arising from defective goods must be made before the end of the guarantee period. The expiry of the warranty period shall extinguish the right to make a claim. In the case of goods sold at a lower price due to a defect, the warranty period is 24 months, but the trader is not liable for the defect for which the lower price was negotiated (§ 619 (1) of the Civil Code). In the case of second-hand goods, the trader is not liable for defects caused by use or wear and tear. In this case, the warranty period is 12 months (Sections 619(1) and 620(2) of the Civil Code).
- In the acknowledgement of receipt of the complaint, the trader shall specify a reasonable period of time within which the defect shall be rectified. The time limit for elimination of the defect shall be no more than 30 days from the date of the defect, unless a longer period is justified by an objective reason beyond the control of the trader.
- If the trader refuses liability for defects, he shall notify the consumer in writing of the reasons for the refusal. If the consumer proves the trader's liability for the defect by an expert opinion or a professional opinion issued by an accredited person, an authorised person or a notified person, the consumer may raise the defect repeatedly and the trader may not refuse liability for the defect.
- The consumer has the right to choose to have the defect rectified by replacing the item or repairing the item. The consumer may not choose a method of remedying the defect which is not possible or which would cause disproportionate costs to the trader in comparison with the other method of remedying the defect, taking into account all the circumstances, in particular the value which the item would have had without the defect, the seriousness of the defect and whether the other method of remedying the defect would have caused the consumer significant inconvenience.
- The trader may refuse to rectify the defect if repair or replacement is not possible or if it would require disproportionate costs taking into account all the circumstances.
- The trader shall repair or replace the item within a reasonable period of time after the consumer has raised the defect, free of charge, at his own expense and without causing serious inconvenience to the consumer, taking into account the nature of the item and the purpose for which the consumer requested the item. For the purpose of repair or replacement, the consumer shall hand over or make available the item to the trader. The trader shall bear the cost of taking the item.
- In the event of an exchange of goods for new goods, the consumer will receive a document indicating the exchanged goods, and any further claims will be made on the basis of the original delivery note and this claim document. In the case of replacement of the goods with new goods, the warranty period will start again from the receipt of the new goods, but only for the new goods.
- The right to free warranty repairs is extinguished:
- failure to provide a warranty certificate, accessories or documentation for the goods,
- failure to notify obvious defects upon receipt of the goods,
- the expiry of the warranty period of the goods,
- mechanical damage to the goods caused by the consumer,
- using the goods in conditions that do not correspond to the natural environment in terms of humidity, chemical and mechanical influences,
- improper handling, operation or neglect of the goods,
- damage to the goods by excessive loading or use contrary to the conditions specified in the documentation,
- general principles, technical standards or safety regulations applicable in the Slovak Republic,
- damage to the goods caused by unavoidable and/or unforeseeable events,
- damage to the goods by accidental spoilage and accidental deterioration,
- unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other acts of God,
- tampering with the goods by an unauthorised person.
- The warranty does not cover normal wear and tear of the item (or parts thereof) caused by use. Therefore, a shorter lifetime of the product cannot be considered a defect.
- The trader shall deliver the repaired item or a replacement item to the consumer at his own expense in the same or similar manner in which the consumer delivered the defective item to him, unless the parties agree otherwise. If the consumer does not take delivery of the item within six months of the date on which he should have taken delivery of it, the trader may sell the item. If the item is of greater value, the trader shall give the consumer advance notice of the intended sale and a reasonable additional period of time to take possession of the item. The trader shall, immediately after the sale, pay to the consumer the proceeds of the sale of the item after deducting the costs reasonably incurred by the trader in storing and selling the item, if the consumer exercises the right to a share of the proceeds within a reasonable period of time specified by the trader in the notice of the intended sale of the item. The trader may destroy the item at his own expense if he has failed to sell it or if the anticipated proceeds of sale will not be sufficient to cover either the costs which the trader has reasonably incurred in keeping the item and the costs which the trader would necessarily have incurred in selling it.
- In the event of an exchange of goods for new goods, the consumer will receive a document indicating the exchanged goods, and any further claims will be made on the basis of the original delivery note and this claim document. In the case of replacement of the goods with new goods, the warranty period will start again from the receipt of the new goods, but only for the new goods.
- When the defect is removed by replacing the item, the trader is not entitled to compensation for damage caused by normal wear and tear of the item and to remuneration for normal use of the item prior to its replacement.
- If the trader terminates the complaint procedure as a justified rejection of the complaint, but the defect of the product objectively exists and has not been removed, the consumer may exercise his right to remove the defect of the goods through the court.
- The consumer has the right to a reasonable discount on the purchase price or may withdraw from the consumer contract without giving an additional reasonable period of time if:
- The merchant did not repair or replace the item,
- the trader did not repair or replace the item in accordance with Article 623(4) and (6) of the Civil Code,
- the trader has refused to remedy the defect on the grounds that neither repair nor replacement is possible or would involve disproportionate costs having regard to all the circumstances, in particular the value that the item would have had without the defect, the seriousness of the defect and whether the second remedy would have caused the consumer significant inconvenience,
- the item has the same defect despite the repair or replacement of the item,
- the defect is of such a serious nature as to justify an immediate reduction in the purchase price or withdrawal from the consumer contract; or
- the trader has declared or it is apparent from the circumstances that he will not remedy the defect within a reasonable time or without causing serious inconvenience to the consumer.
- In assessing the consumer's right to a discount on the purchase price or to withdraw from the consumer contract, all circumstances shall be taken into account, in particular the type and value of the item, the nature and seriousness of the defect and the possibility of objectively requiring the consumer to have confidence in the trader's ability to remedy the defect.
- The discount on the purchase price must be proportionate to the difference between the value of the thing sold and the value it would have had if it had been free from defects.
- The consumer may not withdraw from the consumer contract if the consumer has contributed to the creation of the defect or if the defect is negligible. The burden of proving that the consumer has contributed to the defect and that the defect is negligible shall be on the trader.
- If the contract concerns the purchase of several items, the consumer may only withdraw from the contract in relation to the defective item. In relation to the other items, he may only withdraw from the contract if he cannot reasonably be expected to have an interest in keeping the other items without the defective item.
- The consumer, after withdrawing from the contract or part of it, returns the item to the trader at the trader's expense.
- After withdrawal from the contract, the trader shall return the purchase price to the consumer no later than 14 days from the date of return of the item to the trader or upon proof that the consumer has sent the item to the trader, whichever is earlier.
- The trader shall refund the purchase price to the consumer or pay him a discount on the purchase price in the same way as the consumer used when paying the purchase price, unless the consumer expressly agrees to a different method of payment. All costs associated with the payment shall be borne by the trader.
- The trader is not entitled to compensation for damage caused by normal wear and tear of the item and to remuneration for normal use of the item before withdrawal from the consumer contract.
- Withdrawal from a consumer contract, impossibility to withdraw from a consumer contract
- The trader shall be entitled to withdraw from the consumer contract due to the sale of stocks, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the consumer contract has discontinued production or made such significant changes that have made it impossible to fulfil the trader's obligations under the consumer contract or for reasons of force majeure, or if, even with all the efforts that may be fairly required of him, he is unable to deliver the goods to the consumer within the time limit specified in these terms and conditions of business. The trader shall immediately inform the consumer of this fact and refund the advance payment already paid for the goods agreed in the consumer contract without undue delay, but at the latest within 14 days of the notification of withdrawal, in the same way as the consumer used for his payment. This is without prejudice to the consumer's right to agree with the trader on another method of payment, provided that no additional charges are made to the consumer in connection therewith. The trader is also entitled to withdraw from the consumer contract if the consumer has not taken delivery of the goods within 15 working days of the date on which the consumer was obliged to take delivery of the goods.
- The consumer may withdraw from a distance contract or a contract concluded away from the trader's business premises within:
- 14 days from the date of receipt of the goods by the consumer or from the date of conclusion of the contract, the subject of which is the provision of a service,
- 30 days from the date of conclusion of the contract on or in connection with an unsolicited visit or at or in connection with a sales event.
- The goods shall be deemed to have been accepted by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, accepts all parts of the ordered goods, or if:
- the goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods that were delivered last,
- delivers goods consisting of several parts or pieces, at the moment of acceptance of the last part or piece,
- the goods are delivered repeatedly over a certain period of time, at the time of receipt of the first goods.
- By sending the order to the trader, the consumer confirms that the trader has timely and properly fulfilled his information obligations under Section 3(1) of the Consumer Protection in the Sale of Goods Act.
- When exercising the right of withdrawal, the consumer shall inform the trader of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the addresses of the trader indicated above. For this purpose, the consumer may use sample form to withdraw from the contract, which was sent to him together with the order confirmation and which is also an attachment to these Terms and Conditions. The Consumer may complete and send a sample withdrawal form or any other unambiguous statement of withdrawal. The model form is available here.
- Withdrawal from the consumer contract by means of the withdrawal form according to the previous point of these General Terms and Conditions must contain the data required therein, in particular the exact specification of the goods, the date of ordering, the name and surname of the consumer(s), the address of the consumer(s), the signature of the consumer(s).
- If the consumer withdraws from the contract, any ancillary contract related to the contract from which the consumer has withdrawn shall be cancelled from the outset; this shall not apply if the parties have expressly agreed on the continuation of the ancillary contract.
- The consumer may also withdraw from the contract, the subject of which is the delivery of goods, before the withdrawal period has started. The withdrawal period shall be preserved if the consumer sends a notice of withdrawal to the trader no later than the last day of the period.
- The consumer may only withdraw from the contract in relation to a specific product or products if the trader has supplied or provided more than one product under the consumer contract.
- Within 14 days from the date of withdrawal from the consumer contract, the consumer is obliged to send the goods back or hand them over to the trader at the address Orechini, s.r.o., Stará Klenová 28, 831 01 Bratislava - Nové Mesto. The time limit under the first sentence shall be deemed to have been observed if the consumer sends the goods to the trader no later than on the last day of the time limit. The trader does not accept deliveries on delivery.
- When withdrawing from a consumer contract, the consumer only bears the cost of returning the goods to the trader.
- The consumer shall be liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond that necessary to establish the characteristics and functionality of the goods.
- Upon withdrawal from the contract, the trader shall reimburse the consumer for all payments that the consumer has demonstrably made in connection with the contract, in particular the purchase price, including transport, delivery, postage and other costs and charges. The trader shall reimburse the consumer for all payments under the preceding sentence to the extent corresponding to the withdrawal from the contract, unless the consumer has withdrawn from the contract in its entirety. However, the trader shall not be obliged to reimburse the consumer for additional costs if the consumer has chosen a delivery method other than the cheapest normal delivery method offered by the trader. Additional costs means the difference between the cost of delivery chosen by the consumer and the cost of the cheapest normal method of delivery offered by the trader. Payments will be refunded to the consumer within 14 days from the date of receipt of the notice of withdrawal. The refund will be made by the same method used by the consumer for his payment. This is without prejudice to the consumer's right to agree with the trader another method of payment, provided that no additional charges are made to the consumer in connection therewith. Instead of a refund, the consumer may choose other goods as agreed with the trader.
- The trader is not obliged to refund all payments to the consumer under these General Terms and Conditions before the goods are received from the consumer or until the consumer proves that the goods have been sent back to the trader. The payment for the purchased goods will be refunded by the trader to the consumer only upon delivery of the returned goods back to the trader's stated address or upon presentation of the proof of sending the goods back, whichever is earlier.The time limit is deemed to be maintained if the goods are sent back before the expiry of the 14-day period.
- The trader is obliged to arrange collection of the goods at his own expense within the time limit according to these General Terms and Conditions, if the goods have been delivered to the consumer's home at the time of conclusion of the contract and, taking into account the nature of the goods, it is not possible to send the goods back to the trader by post.
- In the event that the consumer withdraws from the contract within the meaning of these General Terms and Conditions and delivers to the trader goods that are used and are damaged or incomplete or the value of the goods in question is reduced as a result of such treatment of the goods that is beyond the treatment necessary to establish the characteristics and functionality of the goods, the trader is entitled to compensation against the consumer in the amount of the value of the repair of the goods and the restoration of the goods to their original condition, or the trader has the right to demand from the consumer to reimburse the reduction in the value of the goods.
- The consumer is obliged to send back or hand over the purchased goods, together with the accessories, to the trader no later than 14 days from the date of withdrawal from the contract.
- When withdrawing from the contract, the consumer shall bear the direct costs of returning the goods to the trader or to the person authorised by the trader to receive the goods, as well as the costs of returning the goods which, due to their nature, cannot be returned by post. The direct costs of returning the goods cannot reasonably be calculated in advance. According to the information available, an estimate of these costs, depending on the size and weight of the goods, the distance from which the return is made and the prices at which the carrier chosen by the consumer provides its services, ranges from EUR 2 to EUR 150.
- In the event that the consumer fails to comply with any of the obligations set out in Articles 9 and 10 of these General Terms and Conditions, the withdrawal from the consumer contract shall not be valid and effective and the trader shall not be obliged to refund all demonstrable payments under these General Terms and Conditions to the consumer, and shall also be entitled to reimbursement of the costs associated with the return of the goods back to the consumer.
- The product withdrawal payment consideration paid in cash shall be rounded to the nearest 5 euro cents; the total unrounded consideration balance that is less than half of 5 euro cents shall be rounded down and the total unrounded consideration balance that is equal to or greater than half of 5 euro cents shall be rounded up. Where the reimbursement under the first sentence is the sum of the prices for more than one product, only the resulting reimbursement shall be rounded. A reimbursement of 1 euro cent or 2 euro cents shall be rounded up to 5 euro cents.
- The consumer may not withdraw from a contract, the subject of which is:
- the provision of the service if (1) the service has been fully provided and (2) the provision of the service has commenced before the expiry of the withdrawal period with the consumer's express consent and the consumer has declared that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract once the service has been fully provided, if the consumer is obliged to pay the price under the contract,
- the supply or provision of a product whose price depends on price movements in the financial market which are beyond the trader's control and which may occur during the withdrawal period,
- delivery of goods made to the consumer's specifications or custom-made goods,
- the sale of goods which are subject to rapid deterioration or perishability,
- the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
- the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
- the sale of alcoholic beverages, the price of which has been agreed at the time the contract is concluded, the delivery of which can take place at the earliest after 30 days and the price of which depends on price movements in the market which are beyond the trader's control,
- the performance of urgent repairs or maintenance during a visit to the consumer's premises which the consumer has expressly requested from the trader; this shall not apply to a contract the subject-matter of which is the provision of a service other than repair or maintenance and to a contract the subject-matter of which is the supply of goods other than a spare part necessary for the performance of the repair or maintenance, where the contracts were concluded during a visit to the consumer's premises by the trader and the consumer has not ordered those goods or services in advance,
- delivery of sound recordings, video recordings, audiovisual recordings or software in protective packaging that has been damaged after delivery,
- the supply of periodicals, except for the supply of periodicals under a subscription contract,
- goods bought at a public auction,
- the provision of accommodation services for purposes other than housing, the transport of goods, the hiring of cars, the provision of catering services or the provision of services related to leisure activities, where the contract requires the trader to provide these services at a precisely agreed time or within a precisely agreed period,
- the supply of digital content supplied by the trader otherwise than on a tangible medium, where (1) the supply of the digital content has begun and (2) the consumer has given his express consent to the commencement of the supply of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by giving his consent he loses the right to withdraw from the contract by the commencement of the supply of the digital content, and the trader has provided the consumer with a confirmation pursuant to § 17(12)(b) or paragraph 13(b) of the Consumer Protection Act if the consumer is obliged to pay the price under the contract.
- When issuing a credit note, the consumer may be required to show a valid ID to protect the consumer's property rights and to prove himself. By presenting the ID card for inspection, the consumer agrees to the processing of personal data within the meaning of Art. 18/2018 Coll. on the protection of personal data, as amended by later legislation, as stated on the ID card, for the period of viewing it.
- The trader reserves the right to cancel the order or part of it in the event that for technical reasons the goods cannot be delivered within the required period, the goods are no longer delivered or are no longer manufactured, or the price has changed significantly by the supplier (manufacturer) of the goods. If this situation arises, the trader will immediately contact the consumer to agree on the next course of action. If the consumer has paid an advance payment, this will be transferred back to his account or address without delay. In case of cancellation of the order, please contact the trader.
- In the event that the consumer does not exercise the option to withdraw from the contract in accordance with these General Terms and Conditions and does not take delivery of the goods delivered on delivery at the relevant delivery post or from the courier, i.e. the goods are returned to the trader, the contract shall be cancelled from the outset, and the consumer shall be obliged to pay the trader the following compensation for damages incurred and all related costs (e.g. costs for sending the goods and their return, postage, packaging, etc.).
- Personal data and their protection
- The trader has taken appropriate technical, organisational and personnel measures corresponding to the manner in which the personal data are processed, taking into account in particular the technical means to be used, the confidentiality and importance of the personal data processed, as well as the extent of the potential risks that are liable to undermine the security or functionality of its information systems within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 June 2016. April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and Act No. 18/2018 Coll. on the protection of personal data. The consumer agrees to the processing of his/her personal data in accordance with the following rules (click here to view the Privacy Policy).
- Alternative Dispute Resolution
- If the consumer was not satisfied with the handling of the complaint by the trader or if the consumer contacted the trader with a request for redress and was not satisfied with the manner in which the trader handled his complaint or if the consumer believes that the trader has violated his rights, the consumer has the right to contact the trader with a request for redress. If the trader refuses such a request or fails to respond within 30 days from the date of dispatch of the request, the consumer has the right to bring an application for alternative dispute resolution before an alternative dispute resolution body. The competent body for alternative dispute resolution of consumer disputes with a trader is:
- Slovak Trade Inspection (SOI) Inspectorate SOI for the Bratislava Region, Bajkalská 21/A, P.O.BOX No. 5, 820 07 Bratislava, tel. 02/58 27 21 72
- or another competent authorised legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1).
- The consumer has the right to choose which of the above-mentioned alternative dispute resolution entities to turn to.
- Alternative dispute resolution only applies to a dispute between a consumer and a trader arising out of or relating to a consumer contract. Alternative dispute resolution applies only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed €20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of €5 including VAT.
- Reviews of goods
- The merchant reserves the right not to publish product reviews that contain inappropriate expressions, are false, are not related to the product, link to external sites or in any other way damage the merchant's name.
- The trader ensures that the reviews of the products it sells on its website come from consumers who have actually bought or used the product. Product reviews can only be provided by consumers who have actually purchased the product or service from the seller.
- Gift vouchers (certificates)
- Gift vouchers (certificates) issued by the merchant can be redeemed for the purchase of goods on the merchant's e-commerce website. Unless otherwise stated, the gift voucher can only be used for the purchase of goods, it does not apply to services, postage costs and other charges.
- The value of the gift voucher is indicated on each voucher as an amount including VAT, while the voucher functions as a discount on the total amount of the ordered goods including VAT. The gift voucher can only be used in full value, within one purchase, it cannot be redeemed in parts. Any underpayment for the purchase of goods must be paid in cash, the overpayment is non-refundable.
- The gift voucher cannot be exchanged for cash. If the consumer has the right to withdraw from the purchase contract for the purchase of goods for which the consumer has paid with a gift voucher, the consumer is entitled to a refund of the purchase price in the form of a gift voucher (by sending the gift voucher to the address provided by the consumer).
- Consumer action and VIP programme
- When a consumer participates in a consumer promotion, whether by purchasing a product with which they receive a gift or another product at a discounted price, they agree to the terms and conditions of that promotion, which are always prominently displayed on the merchant's website. The Consumer further expressly agrees that if he/she lacks full legal capacity, he/she shall not be entitled to receive the gift or other product provided at a discounted price (in which case no contract of sale for the other product shall be concluded) if the gift or other product provided at a discounted price is an alcoholic beverage, tobacco product or other similar product, or a product or other product which is not suitable for persons under 18 years of age.
- If the consumer participates in a consumer promotion, campaign or other similar action (hereinafter referred to as "action"), the principle of which is to obtain a gift with the purchase, which serves as a reward for participation in the action or as a prize in the action, this gift (or prize) is not the subject of the purchase contract and the consumer does not have any rights of liability for defects and defects relating to the subject of the acquired gift. On this basis, the trader does not provide a guarantee for the gift.
- The trader is entitled to organise consumer promotions in which the consumer is included in the promotion on the basis of a previous transaction. If the consumer purchases goods of a certain, predetermined value, he/she will receive a discount voucher from the trader for a further purchase of a value determined by the trader, by means of an e-mail message (commercial notification). The exact rules with specific information are published in advance by the trader on the trader's website.
- The merchant has established a VIP program, which any consumer can join if he or she meets the internal requirements for inclusion in the VIP program (makes a purchase of goods of a certain, predetermined value). The trader will inform the consumer of this fact by e-mail (commercial notification).
- Final provisions
- These General Terms and Conditions come into force and effect on 01.07.2024.
- The trader reserves the right to change these general terms and conditions. The obligation of written notification of the change in these general terms and conditions is fulfilled by placing it on the merchant's e-commerce website. However, a validly concluded contract is governed by the general terms and conditions at the time it was concluded.
- If the consumer contract is in writing, any modification must be in writing.
- The Parties agree that communication between them shall be mainly in the form of e-mail messages or letters.
- Relationships not regulated by these General Terms and Conditions are subject to the relevant provisions of Act No. 40/1964 Coll. of the Civil Code, Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and Act No. 18/2018 Coll. on the Protection of Personal Data.
- These General Terms and Conditions shall become effective against the Consumer upon the Consumer's submission of an electronic order.
- By ticking the box before submitting the order, the consumer confirms that he/she has read these General Terms and Conditions and agrees to them in their entirety.
Part II. Terms and conditions for persons who are not consumers
- General provisions
- These general terms and conditions (hereinafter also referred to as "terms and conditions") regulate the rights and obligations of the contracting parties arising from the consumer contract concluded between the trader, which is the company Orechini, s.r.o., 52 884 775, registered in the Commercial Register kept by the Municipal Court of Bratislava III, Section: Sro, Insert No.: 162910/B, Tax ID No.: 2121343433 (hereinafter referred to as the "trader"), and the buyer - a person who is not a consumer, the subject of which is the purchase and sale of goods on the seller's e-shop website.
- Trader's contact details:
e-mail: info@orechini.sk
Phone: +421 905 970 503
correspondence address:
Orechini, s.r.o.
Stará Klenová 28, 831 01 Bratislava - New Town district
account number for non-cash payments
- For the purposes of this part of the Terms and Conditions, the Buyer is understood to be an entrepreneur or persons who are not consumers (hereinafter referred to as "entrepreneur").
- For the purposes of these Terms and Conditions, an entrepreneur shall be understood as a person registered in the Commercial Register; a person who operates a business on the basis of a trade licence; a person who operates a business on the basis of a licence other than a trade licence pursuant to special regulations; a natural person who carries out agricultural production and is registered in the register pursuant to a special regulation.
- When placing an order, the buyer as an entrepreneur shall indicate his/her business name, registered office (place of business), VAT number, VAT number, telephone number, e-mail contact of the person acting on behalf of the entrepreneur.
- The Buyer - entrepreneur acknowledges that the terms of the warranty as well as the warranty claim procedure regulated in these Terms and Conditions Part II may be different than in the Terms and Conditions Part I. for consumers.
- The Parties agree that by sending an order to the Seller, the Buyer confirms that he agrees that these General Terms and Conditions and their terms and conditions shall apply to all purchase contracts concluded on any e-commerce website operated by the Seller, on the basis of which the Seller delivers the goods presented on the website to the Buyer (hereinafter referred to as the "Purchase Contract") and to all relations between the Seller and the Buyer, arising in particular at the conclusion of the Purchase Contract and the claim for goods.
- The General Terms and Conditions are an integral part of the purchase contract. In the event that the Seller and the Buyer enter into a written contract of sale in which they agree on terms and conditions different from the General Terms and Conditions, the provisions of the contract of sale shall prevail over the General Terms and Conditions.
- Legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these General Terms and Conditions or the Framework Contract between the Seller and the Buyer are subject to the relevant provisions of the Commercial Code.
- The list of goods on any e-commerce website operated by the Seller is a catalogue of the goods normally supplied and the Seller does not guarantee the immediate availability of all goods listed. The availability of the Goods will be confirmed to the Buyer upon enquiry by the Buyer.
- Method of concluding the contract of sale
- The Purchase Contract is concluded by the Seller's binding acceptance of the Buyer's proposal to conclude the Purchase Contract in the form of an e-mail message sent by the Buyer to the Seller and/or in the form of a form completed and submitted by the Buyer on the Seller's website and/or in the form of a telephone order from the Buyer to the Seller (hereinafter referred to as the "Purchase Order").
- Binding acceptance of the Buyer's order by the Seller is an e-mail confirmation by the Seller to the Buyer of the acceptance of the order after prior acceptance of the order by the Buyer and after verification of the availability of the goods, the applicable prices and the date of delivery of the goods requested by the Buyer, referred to as "order confirmation". In the event that a higher price is found, the Seller shall be obliged to request the Customer's consent to change the price in accordance with the current price list before confirming the order. Only upon the customer's consent to the price change and the subsequent confirmation (acceptance) of the order by the Seller, the contractual relationship shall be deemed to be concluded. All prices for goods and services and all charges in the online shop are inclusive of VAT. If necessary, any further information regarding the order will be sent to the Buyer's e-mail address.
- The binding acceptance of the order contains in particular data on the name and specification of the goods, the sale of which is the subject of the purchase contract, further data on the price of the goods and/or other services, data on the delivery period of the goods, the name and data on the place where the goods are to be delivered and data on the price, conditions, method and date of transport of the goods to the agreed place of delivery of the goods to the buyer, data on the seller (business name, registered office, registration number in the commercial register, etc.), or other data.
- The Buyer may deliver to the Seller, by e-mail or by telephone, within 24 hours of receipt of the order, a notice that it is cancelling the order. The Buyer is obliged to specify in the notice of cancellation the name, e-mail and description of the ordered goods. In the event of cancellation of an order, the Seller shall not charge the Buyer any fees related to the cancellation of the order. In the event that the Buyer has paid the Seller the purchase price or part thereof in the time up to the cancellation of the order, the Seller shall refund the purchase price or part thereof already paid within 14 days from the cancellation of the order by transfer to the Buyer's bank account, unless the Parties agree on another method of refunding the purchase price.
- According to the amendment to Act No. 222/2004 Coll., on value added tax, it is not possible to change the data in the already issued tax document (invoice). The data in the tax document (invoice) can be changed only in the case when the customer has not yet received the goods and has not paid.
- In the case of ongoing promotions, the sale of goods on the Seller's website is governed, in addition to these General Terms and Conditions, by the binding terms and conditions of the relevant promotion. In the event that the Buyer orders goods contrary to the terms and conditions of the relevant promotion, the Seller shall be entitled to cancel the Buyer's order. The Customer will be informed of the cancellation of the order by e-mail and, in the event of payment of the purchase price or part thereof, the funds will be refunded within 14 days to the account designated by the Customer, unless otherwise agreed with the Seller.
- Seller's rights and obligations
- The Seller is obliged to:
- to deliver to the Buyer, on the basis of an order confirmed by the Seller, the Goods in the agreed quantity, quality and
- by the deadline and pack it or equip it for transport in a manner necessary to preserve and protect it,
- to ensure that the goods delivered comply with the applicable legislation of the Slovak Republic,
- hand over to the buyer together with the goods in written or electronic form all documents necessary for the acceptance and use of the goods and other documents prescribed by applicable law (manuals in Slovak language, tax document).
- The Seller shall be entitled to the due and timely payment of the purchase price by the Buyer for the goods delivered.
- The Seller shall have the right to cancel the order if, due to stock out or unavailability of goods, it is unable to deliver the goods to the Buyer within the time limit specified in these Terms and Conditions or at the price stated in the online shop, unless an alternative performance is agreed with the Customer. The customer will be informed of the cancellation of the order by telephone or e-mail and, in the case of payment of the purchase price or part thereof, the funds will be refunded within 14 days to the account designated by the customer, unless otherwise agreed with the seller.
- Orechini, s.r.o. reserves the right to verify the identity of the buyer or the person authorized to collect the goods upon personal collection of the goods in cases where the delivery of the goods is prepaid by the buyer by card, bank transfer or invoice with payment due.
- Rights and obligations of the buyer
- The buyer is obliged to:
- to collect the purchased or ordered goods,
- pay the agreed purchase price to the Seller within the agreed due date, including the cost of delivery of the goods,
- not to damage the Seller's goodwill,
- confirm the acceptance of the goods in the delivery note with his signature or the signature of a person authorised by him.
- The Buyer has the right to delivery of the goods in the quantity, quality, date and place agreed by the parties in the binding acceptance of the order.
- Delivery and payment terms
- Seller delivers goods only within the Slovak Republic. The Buyer from another Member State of the European Union may, by agreement with the Seller, collect the ordered goods at the Seller's address indicated above, or, by agreement with the Seller, the goods may be delivered to a place designated by the Buyer within the Slovak Republic.
- Goods are sold according to the Seller's displayed samples, catalogues, type sheets and swatch books located on the Seller's e-commerce website. Goods supplied shall have a minimum shelf life of more than 2 months before the use-by date. In the event of a shorter shelf life, the Seller shall contact the Buyer by telephone or email prior to delivery and shall deliver the goods only after the Buyer's consent.
- The Seller is obliged to fulfil the Buyer's order and deliver the goods to the Buyer within 30 days of the Seller's acceptance of the Buyer's order; the Buyer accepts this delivery period without reservation. Delivery of the Goods shall be made by the Seller through the use of third party courier services on working days from 8:00 a.m. to 5:00 p.m.
- The Seller shall specify the options for delivery of the Goods and the charges for those individual options for delivery of the Goods.
- The Buyer is obliged to take delivery of the goods at the place specified in the Buyer's acceptance of the order by the Seller. If the Buyer fails to take delivery of the Goods within five working days after the expiry of the period specified in the Purchase Contract, without prior written withdrawal, the Seller shall be entitled to claim compensation for damages in the amount of the actual costs of attempting to unsuccessfully deliver the order. After the expiry of five working days from the date on which the Buyer was obliged to accept the goods, the Seller is entitled to withdraw from the contract of sale and sell the goods to a third party.
- The Seller is entitled to invite the Buyer to take delivery of the goods before the expiry of the period agreed in the Purchase Contract.
- The weight, dimensions and other particulars of the goods contained in catalogues, brochures and other documents of the seller, as given by the manufacturer, may differ from the reality by ± 3% from the stated value.
- The place of delivery of the goods shall be the place specified in the acceptance of the order by the Seller, unless the parties agree otherwise in the purchase contract.
- If the Seller delivers the goods to the Buyer at the place specified in the Purchase Contract by the Buyer, the Buyer is obliged to take delivery of the goods in person or to arrange for the goods to be taken over by a person authorised by the Buyer in his/her absence to take delivery of the goods specified in the Purchase Contract and to sign the delivery and handover report. The third party authorised to take delivery of the goods referred to in the contract of sale shall be obliged to provide the Seller with the original or a copy of the contract of sale and proof of payment for the goods and a written authorisation. If the delivery of the goods has to be repeated due to the absence of the Buyer at the place specified in the Purchase Contract, all costs incurred in this respect shall be borne by the Buyer, in particular the re-delivery of the goods to the place specified in the Purchase Contract.
- The Buyer is entitled to inspect the consignment, i.e. the goods as well as their packaging immediately after delivery in the presence of the Seller's representative. In the event of discovering the existence of a defect in the goods and/or if the shipment is incomplete (lower number of pieces of goods, or missing ordered goods), the Seller's representative is obliged to allow the Buyer, at the Buyer's request, to draw up a record of the Record of Damage indicating the extent and nature of the defect in the goods, the accuracy of which shall be confirmed to the Buyer by the Seller's representative. On the basis of the record thus made and delivered to the Seller, the Buyer may subsequently refuse to accept the defective goods delivered or confirm delivery of the defective goods and subsequently, in accordance with Article 8 of these Terms and Conditions of Sale and Complaints, claim defects in the goods from the Seller or a designated person. If the Buyer refuses to take delivery of the defective goods, all costs reasonably incurred in returning the goods to the Seller shall be borne by the Seller.
- When the parcel is delivered by the transport company, in the case of discovery of broken or damaged packaging, damage with loss of content, we recommend not to accept the parcel, or to deal directly with the employee of the transport company, or with the employee at the counter of the post office on the spot by writing about the damage. In case of taking over and discovering broken or damaged packaging, damage with loss of contents, we ask to report this event no later than 24 hours from the receipt of the shipment to the email address of the seller. The damaged product, the packaging of the consignment and the proof of receipt of the consignment, the acquisition document - invoice - are required to write a record of the damage.
- Claims for mechanical damage to the product that was not apparent upon receipt of the shipment must be made immediately upon receipt of the shipment, but no later than 24 hours after delivery of the goods. It is the customer's responsibility to prove that the mechanical damage could not have been discovered even after a thorough inspection of the product and its packaging according to point 5.7. Later claims for mechanical damage to the product can no longer be accepted. Before first use, the purchaser is obliged to read the warranty conditions.
- The customer is obliged to check the completeness of the packaging upon receipt of the product (personal and non-personal). Upon delivery by courier, the buyer must make a damage report on the spot about the incompleteness of the package. Upon personal collection, the buyer is obliged to check the contents of the package immediately, additional claims will not be accepted.
- The Buyer shall be entitled to withdraw from the Purchase Contract in the event of non-delivery of the goods by the Seller within the period specified in 5.3. of the Terms and Conditions and the Seller shall be obliged to refund to the Buyer the already paid part of the Purchase Price without undue delay, however, no later than within 14 days from the receipt of the withdrawal from the Purchase Contract in the same manner as the Buyer used for its payment, unless the Seller agrees with the Buyer on a different method of refund without charging the Buyer any additional fees.
- The buyer will receive an invoice for each shipment by email.
- Payment methods:
- by credit card (CardPay),
- payment gateway of internet banking (Tatra banka Tatrapay)
- by bank transfer or deposit to the Seller's account on the basis of an advance invoice issued by the trader,
- cash on delivery (payment to the delivery agent when collecting the goods),
- gift vouchers.
- Purchase price
- The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the Purchase Contract and/or according to the Seller's price list valid at the time of conclusion of the Purchase Contract, including the cost of delivery of the goods (hereinafter referred to as the "Purchase Price"). All prices quoted on the Seller's website are final. The price of the Goods does not include the cost of shipping and handling. Any shipping and handling costs will be charged at the end of the order. The Buyer shall pay the price for the Goods as shown on the Seller's website at the time of ordering. Individual discounts to buyers are subject to separate agreement.
- If the Buyer pays the Seller the purchase price by wire transfer, the date of payment shall be deemed to be the date on which the full purchase price is credited to the Seller's account.
- The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest upon receipt of the goods.
- If the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and to claim a refund of the purchase price only in accordance with applicable Slovak law.
- The costs associated with the removal of the goods are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
- All promotions are valid while stocks last, unless otherwise stated for a specific product.
- In the event that the purchase price for the returned or claimed goods and the goods for which the contract has been withdrawn will be paid by the buyer in the form of gift certificates, or their combination with a cash payment, the seller will return the purchase price to the buyer in the same form as it was paid by the buyer. However, the value of the gift certificates returned to the Buyer shall not exceed the value of the gift certificates paid by the Buyer when purchasing the goods. If the return of the gift certificates would not be possible for objective reasons, in particular because the Seller does not have the gift certificates in the required amount, the Seller shall provide the Buyer with a cash refund.
- None of the Seller's goods are intended for industrial or professional use. Seller's goods are not for resale. If the Buyer orders or purchases a quantity which does not correspond to the normal running of a household or the normal running of a business or the Seller considers that such goods will be used for resale, the Seller shall be entitled to cancel the order and, if the order has been confirmed, the Seller shall be entitled to withdraw from the contract of sale, without any further claim by the Buyer.
- Acquisition of ownership and transfer of risk of damage to goods
- The goods remain the property of the seller until the purchase price is paid in full by the buyer. The goods shall be deemed to have been delivered upon receipt of the goods upon personal collection or upon collection by the transport company.
- The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller or, if he fails to do so in time, at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods.
- Complaints procedure (liability for defects, warranties, claims)
- The seller is responsible for defects in the goods. The Buyer, who is a businessman, is obliged to make a claim without delay.
- The Complaints Procedure is subject to the applicable Complaints Procedure, insofar as it applies to entrepreneurs. Should the provisions of the Complaints Procedure published on the website of the seller www.orechini.skwere in conflict with the provisions of these Complaints Regulations under these Business Terms and Conditions, the provisions of these Business Terms and Conditions shall apply to the claim of the entrepreneur. By ticking the box before sending the order to the Seller, the Buyer confirms that he has read the Complaints Procedure and agrees with it in its entirety and also confirms that he has been duly informed about the conditions and method of claiming the goods, including the details of where the claim can be made.
- The Complaints Procedure applies to goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller's e-commerce website.
- The Complaints Procedure in this form is valid for all commercial cases, unless other warranty conditions are contractually agreed.
- During the warranty period, the buyer has the right to claim liability from the seller for defects in the goods which are defective and for which the manufacturer, supplier or seller is responsible.
- The buyer is obliged to inspect the goods upon receipt of the goods. If he fails to do so, he may only claim for defects found during this inspection if he proves that the goods were already defective at the time of receipt of the goods.
- During the warranty period, the customer has the right to have the defect rectified free of charge upon presentation of the goods, including accessories, documentation to an authorised representative of the seller and proof of payment.
- If the goods are defective, the customer has the right to make a claim at the Seller's address specified in these terms and conditions by delivering the goods including accessories to Orechini, s.r.o., Stará Klenová 28, 831 01 Bratislava - Nové Mesto and filling in the claim form and delivering it to the Seller. The Seller shall determine the form of the form and place a model of the form on the Seller's website. The customer is obliged to indicate in the form the exact type and extent of defects in the goods, as well as the time of discovery of the defect. The complaint procedure for goods that can be objectively delivered to the Seller begins on the day when all of the following conditions are met:
- delivery of the completed claim form from the Buyer to the Seller,
- delivery of the claimed goods from the buyer to the seller.
- The Seller recommends the Buyer to insure the shipment of goods. Goods sent on delivery are not accepted by the Seller. The beginning of the claim procedure is also the date of the claim. Complained goods must be delivered to the Seller's registered office, unless the Seller or a designated person specifies otherwise (e.g. deliver the goods directly to the designated person). In case of any doubts, please contact Orechini, s.r.o. at + 421 905 970 503 or email info@orechini.sk.
- The Buyer is obliged to claim defects in the goods from the Seller without undue delay, otherwise the Buyer's right against the Seller to have the defect rectified free of charge shall be extinguished.
- The 30-day period under the Consumer Protection Act does not apply to the settlement of a complaint from a buyer who is an entrepreneur. The time limit for processing complaints for entrepreneurs is not regulated by law, however, our company undertakes to process complaints of entrepreneurs within 60 days in accordance with these Terms and Conditions.
- The buyer has no right to claim warranty for defects of which the seller was notified at the time of conclusion of the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, he should have known.
- The Seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the Buyer.
- The buyer's right to claim the warranty from the seller shall be extinguished:
- failure to provide proof of payment, accessories or documentation of the goods,
- failure to notify obvious defects upon receipt of the goods,
- the expiry of the warranty period of the goods,
- mechanical damage to the goods caused by the buyer,
- using the goods in conditions that do not correspond to the natural environment in terms of humidity, chemical and mechanical influences,
- improper handling, operation or neglect of the goods,
- Damage to the goods by excessive loading or use contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations applicable in the Slovak Republic,
- damage to the goods caused by unavoidable and/or unforeseeable events,
- damage to the goods by accidental spoilage and accidental deterioration,
- unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other acts of God,
- by tampering with the goods of an unauthorised person.
- The warranty does not cover normal wear and tear of the item (or its parts) caused by use. A shorter lifetime of the product cannot therefore be considered a defect and cannot be claimed.
- In the event that the goods are not in conformity with the contract of sale upon receipt by the buyer (i.e. a breach of the contract of sale), the buyer shall have the right to have the seller restore the goods to a condition corresponding to the contract of sale, free of charge and without undue delay, either by replacing the goods or by repairing them, according to the buyer's requirements. If such a procedure is not possible, the buyer may demand a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer was aware of the breach of the contract of sale prior to taking delivery of the goods or if the buyer himself caused the breach of the contract of sale. A conflict with the contract of sale which becomes apparent within six months from the date of receipt of the goods shall be deemed to have already existed at the time of receipt, unless this is contradicted by the nature of the goods or the contrary can be proved. In the event of a conflict between the goods and the contract, the entrepreneur is entitled to seek redress by:
- by restoring the consumer goods to a contractual state of repair free of charge,
- a reasonable reduction in the purchase price,
- replacement delivery of the goods,
- withdrawal from the contract.
- The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
- by handing over the repaired goods,
- exchange of goods,
- exchange of goods,
- by refunding the purchase price of the goods,
- by paying a reasonable discount on the price of the goods,
- by a written invitation to take over the performance specified by the seller,
- by reasoned rejection of the claim.
- The warranty period is 12 months (unless a different warranty period is specified for specific cases) and starts from the date of receipt of the goods by the buyer. The warranty period is governed by the manufacturer's warranty terms and conditions in accordance with the relevant terms and conditions under the Commercial Code (§429 et seq.). For selected products, the manufacturer's warranty for buyers is limited.
- Warranty period published in the product catalogue on the website www.orechini.sk is published in accordance with the Civil Code and does not relate to entrepreneurs and is therefore not applicable to these General Terms and Conditions.
- In case of replacement of the goods with new ones, the buyer will receive a document on which the replaced goods will be indicated, and any further claims will be made on the basis of the originally issued invoice and this claim document. In the event of replacement of the goods with new goods, the warranty period will start again from the receipt of the new goods, but only for the new goods.
- First, the customer may request from the seller a free replacement delivery of the consumer goods. The buyer has the right to have the goods replaced only if this is not disproportionate due to the nature of the defect. The Seller shall decide whether the defect is proportionate by means of a written assessment of the defect. On the basis of this decision, further action shall be taken in accordance with the law.
- If it is a fault that can be rectified, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the seller may agree with the buyer a reasonable discount on the price of the goods. In the case of a discount, the defect cannot be claimed later.
- If there is a defect which cannot be remedied and which prevents the item from being properly used as an item without defect, the seller is entitled to replace the defective goods with goods of the same or similar utility or to issue a credit note.
- If the delivery of defective goods is a material breach of contract, the buyer may:
- require the rectification of defects by the delivery of replacement goods for the defective goods, the delivery of the missing goods and require
- removal of legal defects,
- require the removal of defects by repairing the goods, if the defects are repairable,
- demand a reasonable discount on the purchase price or withdraw from the contract.
- The choice between the claims referred to in 8.24 shall be available to the Buyer only if he notifies the Seller in a timely defect notification or without undue delay after such notification. The Buyer may not change the asserted claim without the Seller's consent. However, if it turns out that the defects in the goods are irreparable or that their repair would entail disproportionate costs, the buyer may demand the delivery of replacement goods if he requests the seller to do so without undue delay after the seller has notified him of this fact. If the seller fails to remedy the defects in the goods within a reasonable additional period of time or if he notifies before the expiry of that period that he will not remedy the defects, the buyer may withdraw from the contract or demand a reasonable reduction in the purchase price.
- If the Purchaser fails to notify the election of his claim within the time limit set out in clause 8.25, he shall be entitled to claim for defects in the Goods as in the case of an insubstantial breach of contract.
- If the delivery of defective goods violates the contract in a non-substantial manner, the buyer may demand either the delivery of the missing goods and the elimination of other defects in the goods, or a discount on the purchase price.
- As long as the buyer does not claim a discount on the purchase price or withdraw from the contract, the seller is obliged to deliver the missing goods and to remedy legal defects in the goods. Other defects shall be remedied at the seller's option by repairing the goods or by supplying replacement goods; however, the method of remedying the defects chosen must not cause the buyer to incur disproportionate costs.
- If the Buyer requires the removal of defects in the goods, the Buyer may not, before the expiry of an additional reasonable period of time which the Buyer is obliged to grant to the Seller for this purpose, assert any other claims arising from defects in the goods, except for claims for damages and contractual penalties, unless the Seller notifies the Buyer that it will not fulfil its obligations within this period of time. This period must be determined in accordance with clause 8.11 of these Business Terms and Conditions.
- As long as the Buyer does not set a time limit according to clause 8.25 or does not claim a discount on the purchase price, the Seller may notify the Buyer that he will remedy the defects within a certain period of time. If the Buyer fails to notify the Seller of its disagreement without undue delay after having received such notice, such notice shall have the effect of setting a time limit pursuant to clause 8.25.
- If the Seller fails to remedy the defects in the goods within the time limit under clause 8.25 or 8.26, the Buyer may claim a discount on the purchase price or withdraw from the Contract if the Buyer notifies the Seller of its intention to withdraw from the Contract when setting the time limit under clause 8.25 or within a reasonable time before withdrawing from the Contract. The Buyer may not change the chosen entitlement without the Seller's consent.
- For the purposes of these Terms and Conditions, a breach of contract is material if the party breaching the contract knew at the time of entering into the contract or at that time it was reasonably foreseeable, taking into account the purpose of the contract which resulted from its contents or the circumstances under which the contract was entered into, that the other party would not have an interest in the performance of its obligations in the event of such a breach of contract. When in doubt, the breach of contract shall be presumed not to be material.
- The handling of the claim only applies to the defects listed on the claim form.
- The Buyer's right to claim a defect in the Goods is exhausted after the Buyer has exercised his right and requested the Seller to rectify the defect in the Goods in accordance with these Complaints and Terms and Conditions and, regardless of the outcome of the claim, the Buyer is not entitled to claim again for the same unique defect (not a defect of the same kind).
- In the event that the Seller terminates the complaint procedure as a justified rejection of the complaint, but the product defect objectively exists and has not been eliminated, the Buyer may exercise his right to eliminate the defect of the goods through the court.
- The buyer is obliged to collect the goods within 60 days of the end of the claim. If he fails to do so, he shall be liable to pay a storage fee of €1 for each day of delay in collecting the goods. If the buyer fails to collect the goods within six months of the date on which he was obliged to collect them, the seller has the right to sell the goods to a third party or dispose of them in an appropriate manner. If the goods are sold, the seller shall pay the buyer the proceeds of the sale less the storage fee and the costs of sale.
- Withdrawal from the contract of sale
- The Seller shall be entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has discontinued production or made such significant changes that have made it impossible to fulfil the Seller's obligations under the Purchase Contract or due to force majeure, or if, even after making all efforts that may be fairly required of it, it is unable to deliver the goods to the Customer within the time limit specified in these Terms and Conditions or at the price stated in the Online Shop. The Seller is obliged to immediately inform the Buyer of this fact and refund the deposit already paid for the goods agreed in the purchase contract within 14 days of the notice of withdrawal by transfer to the account specified by the Buyer, unless the parties agree otherwise. The Seller is also entitled to withdraw from the purchase contract if the Buyer has not taken delivery of the goods within five working days from the date on which the Buyer was obliged to take delivery of the goods. Furthermore, the Seller is entitled to withdraw from the contract concluded with the Customer in the event of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for this type/type of goods). An obvious error in the price of the goods is, for example, a mistake in the first three digits instead of four; a price that is one digit lower (e.g. one digit "drops out" when indicating the price); an obviously low price of the goods (e.g. the price of the goods is too low); a price that is too low (e.g. the price of the goods is too low). 50% lower than the usual price for this type and type of goods, without indicating that the goods are on sale or other discount); and other obvious typing errors, obvious errors in the description of the goods, picture, etc., or, in the case of manifestly erroneous information given by a customer service operator. In the event that this situation arises, the Seller will immediately contact the Buyer to agree on the next course of action. In the event that the Buyer has already paid part or all of the purchase price, this amount will be refunded to the Buyer within 14 days of the notice of cancellation, using the same method used by the Buyer for its payment. This is without prejudice to the Buyer's right to agree with the Seller another method of payment, provided that no further charges are made to the Buyer in connection therewith. The aforementioned provisions shall also apply by analogy to the cancellation (cancellation) of an order and shall also apply by analogy to the declaration of the amount of the discount for various discount or marketing promotions.
- The buyer who is a business has the option to withdraw from the purchase contract within 14 days without giving a reason if the goods are unpacked and undamaged. The declared "unpacked and undamaged" condition will be assessed by the seller and a decision on withdrawal will be made on this basis.
- The buyer, who is a business, may be offered an alternative withdrawal from the contract of sale depending on the condition of the returned goods, the loss of warranty and the actual price of the returned goods. The condition of the goods will be assessed by the seller. In the event of failure to agree terms acceptable to both parties, the goods will be returned at the seller's expense. The Seller shall be entitled to charge the Buyer for any additional costs incurred. The Seller reserves the right not to allow withdrawal, due to the nature of the product and its condition at the time of return.
- The Buyer shall exercise his right of withdrawal in writing with the Seller.
- The Buyer is obliged to deliver the goods to the Seller together with the accessories, including documentation, proof of payment, etc., in the original packaging and by sending them to the address Orechini, s.r.o. - Stará Klenová 28, 831 01 Bratislava - Nové Mesto district. We recommend to insure the goods.
- If the buyer withdraws from the contract, any supplementary contract related to the contract from which the buyer withdrew is also cancelled from the outset.
- The buyer may withdraw from the contract, the subject of which is the delivery of the goods, even before the withdrawal period has started. The withdrawal period is preserved if the buyer sends a notice of exercise of the right of withdrawal before the withdrawal period has expired.
- Upon withdrawal from the contract, the Seller shall return to the Buyer the purchase price or part thereof, which the Buyer has demonstrably paid in connection with the conclusion of the contract or shall proceed in accordance with point 6.7. of these General Terms and Conditions by sending a gift certificate to the Buyer's address. The purchase price will be refunded to the Buyer upon delivery of the goods from the Buyer. The refund of the purchase price or part thereof shall be made by the Seller by payment to the Buyer's bank account or by postal order to the Buyer's registered office.
- The Seller shall not be obliged to refund the Purchase Price or any part thereof to the Buyer pursuant to Clause 9.8 of these General Terms and Conditions before the Goods are delivered to the Seller by the Buyer. The payment for the purchased goods will therefore be paid by the Seller to the Buyer only after the returned goods have been delivered back to the address specified in clause 9.5 of these General Terms and Conditions.
- In case of withdrawal from the contract, the buyer is obliged to deliver or hand over the goods together with the accessories, including documentation, proof of payment, etc., to the seller in the original packaging within 14 days from the date of conclusion of the purchase contract at the latest. Thus, for a valid withdrawal, the goods must be delivered to the seller within the 14-day period from the conclusion of the contract of sale, not just sent for transport, otherwise the withdrawal is considered invalid.
- In the event that the Buyer fails to comply with any of the obligations set out in clauses 9.4 and 9.5 of these General Terms and Conditions, the withdrawal from the Purchase Contract shall not be valid and effective and the Seller shall not be obliged to refund all demonstrable payments under clause 9.8 of these General Terms and Conditions to the Buyer and shall also be entitled to reimbursement of the costs associated with the shipment of the goods back to the Buyer.
- The buyer may not withdraw from the contract subject to which is:
- sale of goods made to the buyer's specific requirements, custom-made goods or
- goods intended specifically for one buyer,
- the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery.
- When issuing a credit note, an extract from the Commercial Register may be required from the buyer in order to protect the buyer's ownership rights.
- Reviews on products
- The Seller reserves the right not to publish product reviews that contain inappropriate language, are untrue, unrelated to the product, link to external sites or in any other way damage the name of our company.
- Gift vouchers (certificates)
- Gift vouchers (certificates) issued by the Seller can be redeemed for the purchase of goods on the Seller's e-commerce website. Unless otherwise stated, the gift voucher can only be used for the purchase of goods, it does not apply to services, postage costs and other charges.
- The value of the gift voucher is indicated on each voucher as an amount including VAT, while the voucher functions as a discount on the total amount of the ordered goods including VAT. The gift voucher can only be used in full value, within one purchase, it cannot be redeemed in parts. Any underpayment for the purchase of goods must be paid in cash, the overpayment is non-refundable.
- The gift voucher cannot be exchanged for cash. If the buyer has the right to withdraw from the purchase contract for the purchase of goods for which the buyer has paid with a gift voucher, the buyer is entitled to a refund of the purchase price in the form of a gift voucher (by sending the gift voucher to the address specified by the buyer).
- Final provisions
- The Seller reserves the right to change these General Terms and Conditions. The obligation of written notification of the change in these general terms and conditions is fulfilled by placing it on the Seller's e-commerce website.
- If the contract of sale is in writing, any modification must be in writing.
- In case of doubt, the Parties agree that the period of use shall be deemed to be the period from the delivery of the Goods to the Buyer (including the date of delivery) pursuant to clause 5.6 of these General Terms and Conditions until the date of return of the Goods to the Seller, or handing over of the Goods to the courier for the purpose of their transportation to the Seller.
- The Parties agree that communication between them shall be mainly in the form of e-mail messages or letters.
- The relevant provisions of the Commercial Code shall apply to the relations not regulated by these General Terms and Conditions.
- These General Terms and Conditions shall come into force against the Buyer upon the Buyer's sending of the electronic order.
- By ticking the box before submitting the order, the Buyer confirms that he/she has read these General Terms and Conditions and agrees to them in their entirety.
In Bratislava, on 01.07.2024