General Business Terms and Conditions

Dear customers, don´t forget to read the related document: Conditions for Processing Personal Data.

  1. General Provisions

    1. Seller is the company Shooos s.r.o., with its registered office at No. 44 Nábrežie arm. gen. L. Svobodu, 81102 Bratislava, registered with the Companies Register of the Bratislava I District Court, Section: Sro, Insert No.: 4409/B, Company ID No.: 31342965, VAT ID No.: SK2020801101, phone No.: +421910950650, e-mail: shooos@shooos.es(hereinafter referred to as the “Seller”).

    2. Buyer is any natural or legal person who in any way contacts the Seller with the intention to buy goods offered by the Seller. Buyer is also any natural or legal person who in any way contacts the Seller with a request to have goods, which are not included in the Seller’s offer, procured by the Seller with the intention to buy the goods.

 

  1. Conclusion of Purchase Contract

    1. The web interface of the shop contains information about goods, including prices of individual goods and costs on returning the goods if the goods, due to their nature, usually cannot be returned by post. The prices of goods are indicated including VAT and all related fees. The prices of goods remain valid for the period they are displayed on the web interface of the shop.

    2. The web interface of the shop also contains information on the costs connected with packing and delivery of goods.

    3. The Buyer can order goods by means of the basket on the Seller’s websites.

    4. After the Buyer puts goods into the basket, the Buyer will complete the order form provided on the web interface of the shop. The order form contains the following information, in particular:

      1. Information about the ordered goods;

      2. Information about the method of payment of the purchase price of goods, information about the requested method of goods delivery; and

      3. Information about the costs connected with goods delivery (hereinafter jointly referred to as the “order”).

    5. The Buyer will send the order to the Seller by clicking the button “Order with obligation to pay”. By sending the order, the Buyer undertakes to take over the ordered goods and pay the price agreed for the goods. The Seller considers the data provided in the order to be correct. The Seller will confirm the sent order to the Buyer by e-mail without undue delay.

    6. Depending on the nature of the order (quantity of goods, purchase price, expected transport costs), the Seller is entitled to ask the Buyer to additionally confirm the order (for instance, in writing or by phone).

    7. The contractual relationship between the Seller and the Buyer arises upon delivery of order receipt (acceptance) sent by the Seller to the Buyer by electronic mail to the Buyer’s e-mail address.

    8. The Seller undertakes to deliver the correct type and quantity of goods for the price agreed according to the order.

    9. The Seller reserves the right to cancel the order if the ordered goods cannot be procured. In such a case, the Seller will immediately fully refund to the Buyer any amount paid if the Buyer has already paid the price of the order, or offer the Buyer alternative goods or any other solution if the Buyer agrees with it.

    10. The Seller is also entitled to cancel the order if it cannot get in touch with the Buyer (incorrect or missing contact details in the order, unavailability of the Buyer, etc.).

    11. The Buyer may cancel the order by phone or e-mail without giving any reasons within 24 hours after the order was placed.

 

  1. Price of Goods and Payment Conditions

    1. The Seller is a VAT payer.

    2. The costs on transport of goods are added to the basic price of the order. The transport costs are derived from the total value of the ordered goods. The costs on transport of goods are indicated in the order. Packaging costs are included in the transport costs.

    3. The Buyer can pay for the goods as follows:

      1. in cash paid on delivery – only for Slovakia, Czech Republic, Hungary, Romania and Poland;

      2. in cash at our store located at No. 5 Miletičova St. in Bratislava;

      3. in cashless form by using PayPal system;

      4. in cashless form by payment card.

    4. The payment for goods is in the currency of the Buyer, namely, in EUR if the Buyer is from a Eurozone country, in CZK if the Buyer is from the Czech Republic, in RON if the Buyer is from Romania, in HUF if the Buyer is from Hungary, in PLN  if the Buyer is from Poland, in GBP if the Buyer is from the UK, in CHF if the Buyer is from Switzerland.

    5. The Seller will send a tax document (invoice) to the Buyer in .PDF format in electronic form to the address provided in the order form.

    6. Discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

 

  1. Transport and Delivery of Goods

    1. The Seller secures transport of goods by courier services. The place from where goods are taken is determined based on the Buyer’s order. Delivery of the goods to the place determined by the Buyer in the order is deemed execution of the delivery and the Buyer is obliged to take over the goods upon delivery.

    2. Goods will be adequately packed and secured. Upon takeover of the goods from the carrier, the Buyer is obliged to check whether the packaging of the goods is intact and report any defects to the carrier without undue delay. If it is detected that the packaging has been tampered with, what is an indication of unauthorised interference with the consignment, the Buyer is not obliged to take the consignment over from the carrier. Any later complaints will be disregarded.

    3. The delivery period of goods depends on the place of destination and availability of goods. In most cases, the delivery period is 1 – 2 working days after confirmation of the order. The maximum delivery period is 7 – 14 days or might be extended following an agreement with the Buyer. The Seller will inform the Buyer of the delivery period and delivery date by e-mail upon confirmation of the order. If the Buyer does not agree with the notified extended delivery period, the Buyer can cancel the order according to Article 2 hereof.

    4. The Seller is liable for goods until the moment of takeover of the goods by the Buyer. Goods are deemed to have been received by the Buyer since the moment when the Buyer confirmed the receipt of goods in writing. The Seller is not liable for any delayed delivery of ordered goods to the Buyer if the delay is caused by the carrier. The carrier is fully liable for any damage of the consignment caused by the carrier. In such a case, the Seller will deliver to the Buyer new goods following the settlement of all damage by the carrier.

  2. Withdrawal from the Purchase Contract

    1. The Buyer acknowledges that according to the provisions of Article 1837 of the Civil Code, the Buyer cannot, inter alia, withdraw from a purchase contract on delivery of goods customised according to the Buyer’s requirements or for the Buyer, from a purchase contract on delivery of perishable goods, as well as goods which were, after the delivery, irreversibly mixed with other goods, from a purchase contract on delivery of goods in sealed packaging if the customer has removed the goods from the packaging and the goods cannot be returned for hygiene reasons, and from a purchase contract on delivery of audio or video recording or computer programme if the customer has tampered with their original packaging.

    2. In cases other than those referred to in Section 5.1 hereof or in any other cases when it is not possible to withdraw from a purchase contract, the Buyer shall have the right, according to the provisions of Article 1829(1) of the Civil Code, to withdraw from the purchase contract within thirty (30) days after the takeover of the goods; if several types of goods or delivery of several parts is the subject-matter of the purchase contract, the deadline starts to pass since the date of takeover of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the Seller within the deadline referred to in the previous sentence. To withdraw from the purchase contract, the Buyer may use the sample form which can be downloaded from here.

    3. The returned goods must be:

      1. undamaged;

      2. complete (including original packaging, labels or documentation);

      3. inclusive the attached proof of purchase.

    4. In the case of withdrawal from the purchase contract according to Section 5.2 hereof, the purchase contract shall become void and null. The goods must be returned to the Seller within thirty (30) days after the withdrawal from the purchase contract by the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the costs on the return of the goods to the Seller, including the case when the goods cannot be returned by post due to their nature.

    5. In the case of withdrawal from the contract according to Section 5.2 hereof, the Seller will refund the funds received from the Buyer within fourteen (14) days after the withdrawal from the purchase contract by the Buyer. If the Buyer has paid for the goods in cash upon delivery, the funds will be refunded to bank account and in other cases, the funds will be returned in the same way as they were received by the Seller from the Buyer. The Seller is also entitled to return any performance provided by the Buyer upon return of the goods by the Buyer or in any other way if the Buyer agrees with that and does not sustain any further costs. If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the received funds to the Buyer before the Buyer returns the goods or demonstrates that he/she has sent the goods to the Seller.

    6. The Seller is entitled to unilaterally set off its entitlement to be compensated for damage to the goods with the Buyer’s entitlement to be refunded the purchase price.

    7. If a gift is provided to the Buyer together with the goods, the deed of gift between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the purchase contract, the deed of gift shall expire in relation to such a gift and the Buyer is obliged to return the provided gift to the Seller together with the goods.

    8. The Seller reserves the rights to cancel any order for goods for which more than one discount coupon was used or if more than 20% discount is applied on already discounted goods.

  3. Rights from Defective Performance

    1. The rights and obligations of the Parties in relation to the rights ensuing from defective performance are governed by the relevant generally binding legal regulations (in particular, by the provisions of Articles 1914 through 1925, Articles 2099 through 2117, and Articles 2161 through 2174 of the Civil Code and by Act No. 634/1992 Coll. on Consumer Protection, as amended).

    2. The Seller is responsible towards the Buyer for ensuring that the goods are free from defects as at their takeover. The Seller is especially responsible towards the Buyer for ensuring that in the moment of takeover of the goods by the Buyer:

      1. the goods have the features agreed between the Parties, and if there is no such agreement, have features described by the Seller or manufacturer or expected by the Buyer considering the nature of the goods and the advertisement thereof;

      2. the goods are fit for the purpose of use indicated by the Seller or for which goods of the same kind are commonly used;

      3. the quality or execution of the goods corresponds with the agreed sample or model if the quality or execution is determined according to the agreed sample or model;

      4. the goods have corresponding quantity, size and weight; and

      5. the goods comply with the requirements of legal regulations.

      6. The provisions provided in Section 7.2 hereof shall not apply to goods sold for lower price due to defect for which the lower price was agreed or due to wear and tear of the goods caused by their usual use, to used goods due to defect corresponding with the use or wear and tear of the goods in the time of their takeover by the Buyer, or if it follows from the nature of the goods.

      7. If defects occur in a period of six months after the takeover, it is deemed that the goods were defective as at the takeover. The Buyer is entitled to claim defects of consumer goods occurring in a twenty-fourth-month period after the takeover of the goods.

      8. The Buyer shall exercise towards the Seller the rights resulting from defective performance at the address of the Seller’s establishment where the complaint can be received considering the assortment of goods being sold by the establishment or also in the Seller’s registered office or place of business.

      9. Further rights and obligations of the Parties related to the Seller’s liability for defects may be regulated in the Seller’s Rules of Complaint Procedure.

  4. Warranty and Complaints

    1. The handling of complaints is governed by the conditions of warranty, the Commercial Code and the relevant provisions of the Civil Code, and special regulations. The warranty period for any goods offered in the Seller’s on-line shop is 24 months. A proof of purchase (attached invoice, cash receipt) shall always suffice for claiming rights from liability for defects (complaint).

    2. A complaint shall be made without undue delay, namely immediately after the occurrence of the defect. Possible continuing use of the goods could lead to deterioration of the defect and subsequent impairment of the goods which could be a reason to reject the complaint.

    3. The warranty period for goods is 24 months and starts to pass on the date of takeover of the goods.

    4. Warranty period cannot be confused with the lifetime of goods, i.e. the period during which the goods should last if they are used and treated correctly, including maintenance, taking into account the features, the purpose and different intensity of use of the goods.

    5. If, following the takeover of the goods, the Buyer detects that the goods do not correspond with the ordered goods or show any defects, the Buyer must immediately inform the Seller thereof by e-mail or phone, however, not later than within 5 days after the takeover of the goods.

    6. If defect of purchased goods occurs, the customer is entitled to claim the defect.

    7. Defect shall mean any change in the features of the goods caused by use of unsuitable or poor-quality material, failure to comply with the production technology or unsuitable construction solution.

    8. Any change of (feature of) the goods occurring during the warranty period due to wear and tear of the goods, incorrect use, insufficient or unsuitable maintenance, due to natural change of material the goods are produced from, due to any damage caused by the user or third party, or any other incorrect interference with the goods shall not be deemed to constitute a defect.

    9. A complaint is deemed to have been made properly if the goods under the complaint are complete and general hygiene principles do not prevent the complaint. The customer is obliged to submit the goods under complaint clean, free of any dirt and hygienically safe. The company Shooos s.r.o. which is the operator of the e-shop www.shooos.sk is entitled to refuse to receive any goods for the purposes of complaint procedure if the goods do not meet the above-mentioned general hygiene principles (Decree No. 91/1984 Coll. on Measures Against Communicable Diseases).

    10. Any complaint, including removal of defect, will be handled without undue delay, however, not later than within 30 days after it was made. In justified cases, an authorised employee may agree with the customer on a longer period.

    11. The operator hereby informs users (consumers) that they can also exercise any of their rights and entitlements towards the operator by means of an alternative online dispute resolution. Online dispute resolution is provided for by the European Commission and the Slovak contact point for online dispute resolutions (RSO). Also claims of the operator towards users (consumers) may be invoked by means of the European platform. A complaint may be filed by means of the online dispute resolution (RSO) platform available at the website http://ec.europa.eu/consumers/odr/index_en.htm. The alternative online dispute resolution saves money and time, because the complaint will be handled within 90 days and without any significant expenses. Should there arise any problems, the user may also contact the operator by e-mail.

  5. Personal Data Protection

    1. Any personal data provided by customers in orders for goods or customer registrations made by means of the internet shop www.shooos.sk are being collected, processed and stored in compliance with Act No. 122/2013 Coll. on Personal Data Protection (hereinafter referred to as the “Personal Data Protection Act” or “PDPA”). Personal data are provided when the order is sent or when a customer account is registered, namely in the extent of the data indicated in the order form or in the registration form.

    2. By sending an order or by conclusion of a purchase contract, the customer gives, in compliance with Act No. 122/2013 Coll., consent to the Seller to the processing, collection and storage of his/her personal data for the purpose of conclusion of the purchase contract, handling of orders and related communication with the customer, but, also after successful handling of the order, for the purposes of performance under the contract and keeping the relevant records (for instance, in relation to the handling of complaints, bookkeeping, and the like), namely until written withdrawal of his/her consent to such processing. Personal data are being processed in the following extent: first name, surname, address, phone number, e-mail address. The customer shall have the right to have access to his/her personal data, the right to have them corrected, including other statutory rights associated with such data. The Seller does not disclose, publish or make available personal data of customers to any other person, except for the companies which secure transport of goods to whom the personal data of customers are provided in the minimum extent necessary for the purposes of delivery of the goods.

    3. According to Act No. 122/2013 Coll., a customer shall have the following rights in connection with personal data processing, in particular:

    4. A customer shall have the right to request from the Seller based on a written request:

      1. a confirmation as to whether personal data concerning him/her are being processed or not;

      2. in a generally intelligible form, information on the processing of personal data in the information system in the extent according to the second through sixth points in Article 15(1)(a) through (e); if a decision according to Article 5 has been issued, the data subject is entitled to acquaint himself/herself with the procedure of processing and evaluation of operations;

      3. in a generally intelligible form, precise information on the source from which the Seller has received his/her personal data for processing;

      4. in a generally intelligible form, a list of his/her personal data which are subject to the processing;

      5. rectification or destruction of his/her incorrect, incomplete or not up-to-date personal data which are subject to the processing;

      6. destruction of his/her personal data where the purpose of processing of such personal data no longer exists; if official documents which contain personal data are subject to the processing, the customer may request their return;

      7. destruction of his/her personal data which are subject to the processing if law has been breached;

      8. blocking of his/her personal data for the reason of withdrawal of his/her consent before its expiry if the controller processes the personal data based on the consent of the data subject.

    5. A customer shall have the right to exercise towards the Seller the right to object based on a written request to:

      1. the processing of his/her personal data in which case the customer expects that they are or will be processed for the purposes of direct marketing without his/her consent, and request their destruction;

      2. the use of personal data referred to in Article 10(3)(d) for the purposes of direct marketing by mail; or

      3. the provision of personal data referred to in Article 10(3)(d) for the purposes of direct marketing.

  6. Final Provisions

    1. Supervision over the provision of services is performed by the Slovak Trade Inspection, P.O. Box 29, Prievozská 32, 827 99 Bratislava.

    2. These General Business Terms and Conditions and all purchase contracts concluded on the basis of these General Business Terms and Conditions shall be governed by the legal regulations valid in the Slovak Republic.

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