The purpose of these conditions is to determine the rights and obligations of the seller, (supplier) on the one hand and the buyer (buyer, consumer) on the other. All contractual relations between the seller and the buyer are concluded in accordance with the laws of the Slovak Republic. If the contracting party is a consumer, legal relations not regulated by these Terms are governed by Law No. 40/1964 Sat Civil Code, as amended, Law No. 250/2007 Sat Consumer Protection Act, as amended, Law No. 108/2000 Sat consumer protection at home and by mail, as amended. If the contracting party is an entrepreneur, legal relations are not governed by these Terms and Conditions, Law No. 513/1991 Coll. Commercial Code, as amended.
About the present conditions
“Online store” means a computer program – an Internet application available on the Internet through the Internet address https://healthity.store, the main functionality of which is the display, selection and ordering of goods by the user.
“Consumer agreement” means the Sale and Purchase Agreement if the contracting parties are a supplier on the one hand and a consumer on the other.
“Seller”, (supplier), means a person who, when concluding and executing a consumer contract, acts within the framework of his commercial or other commercial activity. This is an entrepreneur who offers or sells products, as well as services to a consumer and an entrepreneur who directly or through other entrepreneurs delivers a product to a buyer.
“Consumer”, (buyer), means a person who purchases goods or uses services for his personal use or for members of his household and who, when concluding and executing a consumer contract, does not act in the framework of his commercial or other commercial activities.
A non-consumer buyer is a person who, when concluding and executing a contract of sale, acts in the course of his commercial or other entrepreneurial activity.
The conclusion of the contract of sale – the buyer’s order is a proposal to conclude a contract of sale. The contract of sale itself is concluded at the time the buyer is given the obligatory consent of the seller to the draft contract of sale, i.e. Mandatory confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the seller and the buyer, which are determined by the contract of sale and these terms. The conditions are an integral part of the contract of sale.
“Shopping basket” means the part of the online store that is automatically generated by the activation of the corresponding functions by the user in the context of his actions in the user interface of the online store, in particular by adding or removing goods, respectively. Services / or by changing the quantity of the selected product.
“Civil Code” means Law No. 40/1964 Coll., Civil Code, as amended;
“Access data” means a unique username and password associated with it, entered by the user in the database of the online store during registration;
“Registration” means the electronic registration of a user in the database of an online store by filling out at least the required registration data in the user interface of the online store and access data, and then storing them in the database of the online store;
“User” means any legal or natural person using the online store;
“User account” means a part of the online store that is created by each registration for each user (that is, unique to each user) and becomes available after entering the access data;
“Product” means an item offered by an operator for sale to a user through an online store, and also if it is offered for a product that contains a license to use this item.
The operator offers through the online store the conclusion of the contract of sale. An offer to conclude a contract of sale by an operator consists of displaying a button with the inscription “Buy” in the user interface of the online store.
For the unconditional acceptance of the operator’s offer to conclude a purchase and sale agreement in accordance with clause 2.1 of these Terms, Users are considered to click on the button with the inscription “Buy”.
The unconditional acceptance of the offer specified in clause 2.2 of these Terms is the Sale and Purchase Agreement.
The contract is concluded at the moment when the electronic information about clicking on the “Buy” button will be delivered to the user via the Internet to the server on which the online store is installed.
The user undertakes to fill in the correct text fields in the user interface of the online store with true and complete data, especially truthfully fill in his email address, identification data and, possibly, the delivery address. The user acknowledges that the operator will reasonably consider the entered data as correct and complete and is not required or authorized to verify the entered data.
The operator sends the user an electronic message about the conclusion of the Purchase Agreement to the email address specified by the user in the corresponding field in the user interface of the online store.
Having concluded a contract of sale, the following provisions shall enter into force:
The user buys from the operator the goods selected by the user in the user environment of the online store by adding them to the shopping basket in the amount that the user selected and/or installed for this product in the user environment of the online store. The price indicated for this product is indicated for such a product in the user interface of the online store.
The operator has the right to cancel the sales contract until the goods are sent to the user for any reason or without explanation. The legal actions of the operator, based on the notification of the user about the impossibility of delivery of goods ordered by the user, are also considered a departure from the contract of sale.
The operator has the right at any time to request from the user an additional confirmation of the order, and until the user receives an order confirmation, he has the right to postpone the shipment of goods to the user.
The user is obliged to pay the operator the costs associated with the packaging and delivery of the goods to the user in the amount specified in this order in the user interface of the online store.
The user has the right to choose from the options displayed to the user in the user interface of the online store, the method of payment for the purchase price of the goods and, possibly, other cash payments to the operator.
If any of the payment methods contain information on the cost of making such a payment, the user must bear the costs of making this payment, which is indicated for this payment in the user interface of the online store.
In the case of non-cash payment by bank transfer, the user must indicate the variable symbol chosen by the operator.
In the case of cashless payment, the user’s obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the bank account specified by the operator.
The operator has the right to provide the user with a discount on the price of the goods. Discounts on the price of the goods can be combined with each other, unless otherwise specifically indicated for a specific discount.
The purchase price of the goods does not include any payments, fees or other remuneration that the user must incur for services provided by third parties in connection with the payment of the purchase price of the goods. These costs are solely the costs of the user.
The operator reserves the right of ownership of the goods that are the subject of the contract of sale until the user pays the purchase price of this product.
The operator undertakes to deliver the goods to the user within a reasonable period of time from the date of conclusion of the contract of sale. All delivery times specified in the user interface of the online store are for reference only.
Upon request, the operator sends the user a tax document – an invoice in the electronic form to the user’s email address specified when placing the order in the user environment of the online store.
If a gift is presented to the operator along with the goods to the user, the donation agreement between the user and the operator is concluded with the condition of termination that in case of termination of withdrawal from the purchase agreement, this donation agreement is canceled.
The operator provides the user with a guarantee for the purchased goods if the warranty period is specified for the goods in the user interface of the online store for the period of the specified warranty period, and such a guarantee applies only to consumers.
The user has the right to exercise the rights of poor performance from the operator at the address of his registered office and / or activity. The moment of receipt of a claim is considered the moment when the operator receives the declared goods from the user.
If the user interface of the online store indicates that it is used in this product, the user buys the product in the used condition, including the indicated defects of this product.
The risk of loss, damage and/or destruction of the goods covered by the Purchase and Sale Agreement passes to the user who is the consumer at the time the user accepts the goods.
The risk of loss, damage and/or destruction of the goods covered by the Agreement passes to the user, which is not a consumer at the time of acceptance of the goods by the user.
The User has the right to open a User Account through Registration. The user must enter the access data before entering the user account.
User identification data entered during Registration is considered data entered by the order of each product provided to the user after entering his user account.
The user cannot provide access to data or any other access to the user account to a third party. The user must take all reasonable precautions to keep it confidential. The user is fully responsible for unauthorized use of this access data or user account and for any damage caused to the operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the user must notify the operator without undue delay. The operator undertakes to provide the user with new access data within a reasonable period of time.
The operator has the right unilaterally: to change these conditions; notify the user of the change through the online store and/or by email to the user’s email address specified in the database of the online store. The user has the right to refuse to change the Terms within 30 days from the first login to the User Account after notification of a change in the Terms (in the case of delivery via the online store) or from the delivery of this electronic message obligation.
The consumer has the right to cancel the contract of sale within fourteen (14) days from the receipt of the goods. In the event that the subject of the Purchase Agreement is several other goods or the delivery of several parts, this period starts from the date of receipt of the last delivery of the goods. Withdrawal from the contract of sale is sent to the operator (as the seller) within the time period specified in this clause.
If the consumer withdraws from the contract of sale, he is obliged to notify in writing his bank account number in order to reimburse the purchase price of the goods, which can be reduced if the legitimate reasons are satisfied.
If the Consumer withdraws from the Sale and Purchase Agreement in respect of goods returned to the operator that is damaged and/or worn, especially if the original marking of the goods has been removed (i.e. labels, stickers, etc.), the consumer will reimburse the operator for the cost of restoring the goods.
If the consumer withdraws from the Purchase and Sale Agreement, the operator must return the purchase price to the buyer without undue delay no later than within 14 days from the receipt of the consumer’s notice of withdrawal from the Purchase and Sale Agreement.
If the consumer received the goods consisting of movable goods in accordance with the Sale and Purchase Agreement, he is obliged to send them back to the operator or transfer them to the operator or to the address of the registered office without undue delay, no later than 14 days from the date of withdrawal. The term is considered saved even if movable goods are sent to the operator no later than the last day of the above period.
The consumer is responsible to the operator for the depreciation of the goods as a result of processing such goods in a manner different from that necessary to familiarize themselves with the nature and characteristics of the goods, including their functionality. The form for withdrawing from the contract of sale is attached in Appendix No. 1 of these conditions.
The operator uses the possibility of out-of-court resolution of consumer complaints. In the event of a complaint, consumers can contact the relevant operator of the operator for free at firstname.lastname@example.org.
The operator is responsible to the consumer for the absence of defects upon receipt. This does not apply if the subject of the contract of sale is defective goods.
If the product contains defects, the Consumer has the right to demand the delivery of a new product without defects, if this is not disproportionate due to the nature of the defect, or if the subject of the Sales Agreement was defective goods. If the defect concerns only a part of the product, the consumer may require the replacement of only that part of the product. If this is not possible, he has the right to refuse the contract of sale.
The consumer has the right to deliver a new product or replace part of the product even if the defect is eliminated unless the product can be properly used. In this case, the consumer has the right to withdraw from the contract of sale.
If a consumer cannot withdraw from the Purchase Agreement or does not use the right to deliver a new product without defects or replace parts of it, repair the goods, he may request a reasonable discount on the price of the goods. The consumer has the right to a reasonable discount on the price of the goods, even if the operator cannot deliver the new goods without defects, replace their component or repair, or if the operator cannot correct the goods within a reasonable period of time or if the remedy leads to significant difficulties.
The Consumer’s right to return the goods is absent if the consumer knew before the receipt of the goods that the goods were defective or the consumer himself caused a defect.
The operator’s liability for defects in the goods does not extend to the wear and tear of the goods caused by their normal use, for goods sold at a lower purchase price, for a defect for which a lower purchase price was agreed, or if this is due to the nature of the goods. In the case of a guarantee for the goods, the consumer has the right to declare his responsibility for defective use during the warranty period.
At the request of the consumer, the operator must provide the consumer with a guarantee certificate. If the nature of the goods allows, it is enough to give the consumer a confirmation of the purchase of the goods containing information that should be included in the Guarantee Certificate.
Claims of the goods, including the elimination of defects in the goods, must be processed without undue delay, no later than 30 days from the date of the claim, unless the operator and the consumer agree on a longer period. After this period the consumer has the same rights as in the case of a material violation of the Agreement.
The deadline for considering a complaint does not apply if the operator has not received all the documents necessary for the consideration of the complaint from the consumer until such documents are delivered. The operator or the person designated by the operator, after proper consideration of the complaint, ask the consumer to accept the repaired goods.
The right to demand the rights arising from defects in the product terminates in the event of unprofessional installation or unprofessional commissioning of the product, as well as in the case of unprofessional handling, i.e. especially when using goods in conditions that do not meet the parameters specified in the product documentation.
The customer-consumer has the right to contact the seller’s operator with a request for correction by e-mail email@example.com if he is not satisfied with how the seller has settled his request, or if he believes that the seller violated his rights. If the seller refuses to respond to this request or does not respond within 30 days from the date of its sending, the consumer has the right to file with an alternative dispute resolution organization (ADR) in accordance with Law 391/2015 Coll. Legal entities ADR are bodies and authorized legal entities in accordance with Section 3 of Law No. 391/2015 Sat The consumer may file a request in the manner specified in accordance with Section 12 of Law No. 391/2015 Sat
Consumers can also file a complaint through the ADR Alternative Dispute Resolution Platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
Alternative dispute resolution can only be used by a consumer – an individual who does not act in the framework of his business, work or profession when concluding and executing a consumer contract. Alternative dispute resolution only applies to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution applies only to distance contracts. ADR does not apply to disputes where the cost of the dispute does not exceed 20 euros. An ADR company may require that the consumer pay a fee for initiating ADR, but not more than 5 euros with VAT.
When processing personal data, the controller must act in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC . “) Law No. 18/2018 Coll. On the protection of personal data and the amendment of certain laws.
The operator processes user cookies to personalize content and advertising, use the functions of social networks and analyze traffic. The operator informs how the user uses the online store, passes it to partners working in the field of social networks, advertising, and analysis.
The operator provides the user with a non-exclusive license to use the online store in the manner provided for by these Terms.
The operator has the right to change the online store, that is, its technical solution and/or user interface.
The operator has the right to limit or interrupt the online store or access it for the time necessary for the maintenance or repair of the Internet resource.
The user is obliged to comply with applicable laws and applicable laws of the Slovak Republic and the European Community when using the online store. The user must fully compensate for any damage that the operator or third parties violate this user obligation.
In case of violation of these Terms or the Purchase Agreement, applicable law, the operator has the right to terminate the User Account.
The operator declares that the data records in the online store, as an electronic system, are reliable and systematically created, and also protected from changes.
Due to a technical error in the online store, the purchase price of a product may be displayed, the amount of which does not correspond to the regular price of such a product on the market; in this case, the operator is not obliged to deliver the goods at the displayed purchase price, contact the user and notify him of the actual changes.
The purchase price of the goods and the user has the right to decide whether to accept the goods at the actual purchase price and if this does not happen, the contract of sale is canceled from the very beginning.
The user acknowledges that the photos in the goods in the online store may be illustrated or distorted as a result of their display in the user’s technical means, therefore the user must always familiarize himself with the entire description of the goods and contact the operator.
The contact details of the operator for communication with the user are specified in the user interface of the online store in the “Contacts” section.
The buyer has the right to refuse the contract of sale without explanation in accordance with the provisions of § 7 et seq. Law No. 102/2014 Z.z. on the protection of consumer rights during remote sales (hereinafter referred to as the “Law on the Protection of Consumer Rights during Remote Sales”) within 14 days from the receipt of goods, respectively. from the date of conclusion of the contract for the provision of services or contracts for the provision of electronic content not delivered on tangible media, if the Seller has fulfilled information obligations in accordance with the provisions of Art. § 3 Consumer Protection Act.
During this period, the buyer has the right to unpack the product and check it in the same way as is usually done for purchase in a classic “stone” store, to the extent that it is necessary to identify defects, properties, and functionality of the product.
The buyer must send the goods back or hand them over to the seller or to a person authorized by the seller. This does not apply if the seller offers to collect the goods in person or through an authorized person. The period indicated in the first sentence shall be considered saved if the goods were transferred for carriage no later than the last day of this period.
It is not possible to withdraw from the contract in the case of goods placed in protective packaging that is not suitable for health or hygiene, and whose protective packaging was damaged after delivery.
If the Buyer has already accepted the ordered goods, he is obliged to return it in the original undamaged packaging. In the event that the buyer returns the ordered goods damaged, partially expended accordingly, in a condition that does not meet the condition in which it was sent by the seller, the seller has the right to pay such damage that the seller is obligated to transfer from the amount paid by the buyer for the goods ordered earlier.
At the same time, the buyer must indicate the contact information and account number to which the seller pays the amount for the ordered goods. The seller is not obligated to return these payments to the buyer until the goods are delivered to him, or until the buyer proves that the goods were returned to the seller unless the seller offers to pick up the goods in person or through an authorized person.
If the Buyer refuses the Purchase Agreement, it is canceled from the very beginning, as well as any additional agreement related to the Purchase Agreement, from which the Buyer refuses, the buyer may not be required to pay any costs or other payments in connection with the termination of the auxiliary contract, except for payment of expenses and payments specified in the regulation. § 9 par. 3, set § 10 par. 3 and 5 of the Law on the Protection of Consumers with Remote Sale and Prices for Services, if the subject of the contract is the provision of the service and the service has been fully provided.
The buyer bears the cost of returning the goods to the seller or to a person authorized by the seller to accept the goods. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled his obligation in accordance with § 3 paras. 1, par. (i) Consumer Protection Act.
The buyer is only liable for any reduction in the value of the goods resulting from the processing of the goods, in addition to the processing necessary to determine the characteristics and functionality of the goods. The consumer is not responsible for any reduction in the value of the goods if the seller has not fulfilled the information obligation on the consumer’s right to withdraw from the contract in accordance with § 3 paras. 1, par. h) Consumer Protection Act for Remote Sales.
If the buyer refuses the contract and delivers to the seller the goods that are used, damaged or incomplete, the buyer is obligated to pay the seller the cost by which the cost of the goods was reduced in accordance with the provisions of Art. § 457 of the Civil Code of the Russian Federation in the actual amount and expenses incurred by the seller in connection with the repair and restoration of goods, calculated in accordance with the price list (after) of warranty service for the goods.
The buyer is obliged to pay the seller compensation in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the contract of sale. In accordance with § 7 par. 6 of the Law on the Protection of Consumer Rights with Remote Sale. This may include such important points as:
sale of goods in accordance with the specific requirements of the consumer, individual goods or goods intended specifically for one consumer;
the sale of goods enclosed in protective packaging that is inappropriate to return for reasons of health or hygiene, and whose protective packaging was damaged after delivery;
sale of phonograms, videos, audio-visual records, books or computer software sold in protective packaging, if the consumer has unpacked the packaging;
the provision of electronic content, except on a tangible medium, when the provision of such content began with the explicit consent of the consumer, and the consumer said that he was duly informed that he was losing his right to recall, expressing such consent;
the sale of goods that were collected, folded or used during the time after the conclusion of the contract and the transfer of goods from the seller to the buyer in such a way that the seller cannot restore them to their original condition without increasing costs and expenses (folding or assembled furniture, etc.);
Relations not regulated by these Terms of doing business and handling complaints are governed by the relevant provisions of the Civil Code, Law No. 22/2004 Sat on electronic commerce and on amendments to Law No. 128/2002 Sat On state control of the domestic market on consumer protection issues and on amendments to certain laws as amended by Law No. 284/2002 Coll. as amended by Act No. 102/2014 Z.z. to protect consumers with remote sales.
The supervisor is the Slovak Trade Inspectorate.
The consumer has the opportunity to contact the alternative dispute resolution body of consumers, which (although not necessarily) has the right to consider possible disputes between the consumer, as a client of the online store and the operator of the online store.
These terms and conditions of doing business and claiming shall enter into force in respect of the buyer by concluding a contract of sale.
These Terms and the Purchase Agreement are governed by the laws of the Slovak Republic.
These Terms come into force on October 1, 2019.
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