Terms and Conditions
I. General provisions
II. Definitions
III. Method of closure
purchase contract
1. These General Terms and Conditions apply to contractual relations that arise between the Seller and the Buyer (natural or legal person) within the meaning of Act no. 40/1964 Coll. Civil Code, as amended, Act no. 250/2007 on consumer protection and Act no. 102/2014 Coll. Act of 25 March 2014 on the protection of consumers in the sale of goods or services under a distance or off-premises contract of the seller and amending and supplementing certain laws.
Seller's contact information:
Animal House spol. Ltd
Janosikova 246, 010 01 ZILINA
Identification number 52 334 775
TIN 2121006074
VAT ID SK2121006074
company registered in the Commercial Register of the District Court Žilina in section Sro, in file no. 58621 / L
email: info@nutriscience-eu.com
Phone: +421 902 669 635, +421 948 410 173
Supervisory Authority:
Slovak Trade Inspection Žilina
Suburban 71, PO Box B-89; 011 79 Zilina 1
Phone: +421 41 7 632 130, +421 41 7 632 139
These General Terms and Conditions and the Complaints Procedure as in force on the date of conclusion of the purchase contract are an integral part of the purchase contract.
The seller Animal House, spol.sro, with its registered office at Jánošíková 246, 010 01 Žilina, IČO 52 334 775, which, in concluding and fulfilling the purchase contract, acts within the scope of its business on its behalf, on its own account and which sells via electronic commerce the goods.
Buyer: A natural person who purchases goods through an online store at www.nutriscience-eu.com and whose goods are not used for employment, profession or business.
Ecommerce: Seller's online store located at www.nutriscience-eu.com
Goods: Goods offered through the seller's e-commerce.
Order: An e-commerce buyer's act that expresses the buyer's willingness to buy goods in an e-commerce form in the form of a completed and sent form on the seller's website www.nutriscience-eu.com by sending a proposal to conclude a purchase contract for remuneration transfer ownership of the goods identified by the buyer at the purchase price and under the conditions specified in the order
Purchase price: The total price stated in the order, especially the price for the goods ordered by the buyer and is stated in the order including VAT. However, the purchase price shown in the e-commerce seller's catalog does not include the price for the carriage of goods or other optional services.
1. The buyer sends the proposal to conclude the purchase contract in the form of a duly filled and sent order. An order is considered duly completed if it contains the following information: identification of the type and quantity of ordered goods or the type and scope of the ordered service, name and surname, email and telephone contact of the buyer, home address, delivery address of the buyer. A duly completed order is also considered to be a buyer's order registered on the e-commerce website.
2. After the order has been sent, the Buyer will receive an automatic notification of receipt of the order into the Seller's electronic system (hereinafter referred to as the “Order Acceptance Receipt”) to his / her email address. If necessary, any additional information regarding the order may be sent to the buyer's email address. In order to avoid errors by phone or other suitable means, the Seller shall verify the validity and scope of the order, the method of payment and shipping and also confirm the delivery time and price.
3. The order confirmation contains information that the order has been delivered to the seller, but it does not accept the proposal to conclude a purchase contract.
4. The Seller shall subsequently send to the Buyer's email address whether the Buyer's order has been processed (hereinafter referred to as the “Processed Order”). Order processing includes contact details of the buyer, contact details of the seller, information on the name, specification and quantity of goods, the sale of which is the subject of the purchase contract, information on the price of goods, estimated delivery time of goods, data , conditions, method and date of transport of goods to the agreed place of delivery of goods to the buyer.
5. The purchase contract is concluded by delivering the order processing in electronic form to the buyer.
6. The Seller informed the Buyer in a clear, unambiguous, understandable and unmistakable manner about the pre-contractual information regarding the complaint, payment, commercial, transport and other terms and conditions through the Seller's website www.nutriscience-eu.com and in particular the Seller's online catalog located in the Seller. e-commerce, general terms and conditions and complaint rules of the seller published on the seller's website www.nutriscience-eu.com
7. If the seller has not complied with information on the payment of additional charges or other costs of the total price of the goods or services, including value added tax and any other taxes, or if the nature of the goods or services cannot be reasonably determined in advance, also the costs of transport, delivery, postage and other costs and charges, or, if these costs and charges cannot be determined in advance and information that if the buyer withdraws from the purchase contract, will bear the costs associated with the return of goods to the seller under § 10 par. 3 of Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or the provision of services under a distance or off-premises contract of the seller and amending and supplementing certain laws (hereinafter referred to as the "Consumer Protection Act for Distance Selling") and the cost of returning goods which, by their nature, cannot be returned by post, the buyer is not required to pay such additional costs or charges.
IV. Rights and obligations of the seller
1. The Seller shall:
(a) to deliver to the purchaser, on the basis of an order confirmed by processing, the goods in an agreed quantity, quality and time limit and to pack or equip it for transport in the manner necessary for its preservation and protection;
b) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
(c) provide the buyer with confirmation of the conclusion of the purchase contract on a durable medium, for example by e-mail, immediately after the conclusion of the purchase contract, and at the latest together with the delivery of the goods. The certificate shall contain all the information referred to in point 2.6. including the withdrawal form.
d) to hand over to the Buyer together with the goods in written or electronic form at the latest all documents necessary for taking over and using the goods and other documents prescribed by the valid legal regulations of the Slovak Republic.
2. The Seller has the right to a due and timely payment of the purchase price from the Buyer for the delivered goods.
3. If the seller is unable to deliver the goods to the buyer due to the sell-out or unavailability of the goods within the period agreed in the purchase contract or specified by these terms and conditions or the agreed purchase price, the seller is obliged to offer the buyer a substitute performance or contract (cancel order). The buyer can withdraw from the purchase contract or cancel the order by delivery of an e-mail. In the event that the buyer has already paid the purchase price or part thereof, the seller refunds the already paid purchase price or part thereof within 14 days from the date of delivery of the e-mail with notice of withdrawal from the purchase contract. cancellation of the order to the buyer designated bank account, unless the parties agree otherwise. If the Buyer fails to accept or withdraw from the Purchase Agreement within a reasonable period of time, the Seller shall be entitled to withdraw from the Purchase Agreement and if the Buyer has already paid the Purchase Price or part thereof, the Seller shall return the Purchase Price or part thereof within 14 days from the date of delivery of withdrawal from the contract to the buyer.
4. The seller is not responsible for incorrect dosing and incorrect administration of Nutriscience supplements purchased by the buyer in the e-shop www.nutriscience-eu.com and their possible consequent negative impact on the animal's health. The buyer acknowledges that each animal reacts to certain components of nutritional supplements and vitamins differently and any planned long-term administration of vitamins and nutritional supplements on its part is subject to consultation with a veterinarian in particular.
5. The Seller reserves the right at any time to change the selling prices published in the e-commerce, to cancel or to introduce any price action. Changes are then binding on all orders created since the change.
V. Rights and Obligations of the Buyer
1. The buyer was informed by the seller that part of the order is the obligation to pay the price.
2. The Buyer shall:
a) take over the ordered and delivered goods, if this does not arise the buyer's obligation to the seller in the amount of postage and packing, which the seller will claim and claim. The postage and packing amount depends on the specific order and is not subject to a postage discount.
b) to pay to the Seller the agreed purchase price within the agreed maturity period, including delivery costs,
(c) confirm the receipt of the goods by his or her signature
3. The Buyer shall have the right to deliver the goods in the quantity, quality, time and place agreed by the Parties.
VI. Delivery and payment terms
1. The normal availability of goods is indicated for each item on the e-commerce website. The seller displays in the e-shop information on the availability of goods on working days (available, unavailable). However, this information may change and the seller does not guarantee the immediate availability of the goods offered. In certain cases, there may also be long-term outages for suppliers of certain goods or services, or their delivery is no longer possible at all. The real availability of the goods will be confirmed to the buyer when processing the order.
2. Unless the seller and the buyer agreed otherwise in the purchase contract, the seller is obliged to deliver the thing to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled its obligation to deliver the item within the time limit according to the first sentence, the buyer is entitled to withdraw from the contract.
3. The Seller is entitled to ask the Buyer to take over the goods even before the expiry of the delivery period agreed in the purchase contract.
4. The display of goods on any e-commerce website operated by the seller is merely illustrative. The weight, dimensions and other data of the goods contained in the Seller's catalogs, brochures and other documents placed on the Seller's e-commerce website are given by the manufacturer and may differ from reality.
5. The Buyer is obliged to take over the goods at the place, which is the Seller or his representative, authorized to deliver the goods and agreed by the Buyer in the Purchase Agreement or otherwise in the time before delivery of the Goods (hereinafter referred to as the “Place”). The Buyer is obliged to take over the goods in the time range agreed by the seller or the carrier and the buyer in the purchase contract or in another way before the delivery of the goods (hereinafter referred to as the “Time Range”).
6. In the event that the Seller delivers the goods to the Buyer at the Site and in the Timeframe, the Buyer shall be obliged to take over the goods in person or ensure that the goods are taken over by the person authorized by them in case of absence to sign the goods. Goods shall be deemed delivered and received at the moment of delivery of goods to the Buyer. Delivery of goods to the Buyer means delivery of the goods to the Place, its acceptance by the Buyer or a third person authorized by the Buyer and signing of the protocol on payment of the purchase price and delivery and delivery of the goods by the Buyer or a third person authorized by the Buyer.
7. If it is necessary to repeat the delivery of the goods due to the absence of the Buyer at the Site and in the Timeframe or if the Buyer fails to take over the goods within 7 days after the expiry of the Timeframe without the prior written withdrawal, the amount of the actual cost of attempted unsuccessful delivery of goods to the Site.
8. The buyer is obliged to inspect the shipment, ie the goods and its packaging immediately after delivery in the presence of the carrier. If the existence of a defect is found, the carrier is obliged to allow the buyer to make a record of the extent and nature of the defect of the goods, the accuracy of which is confirmed by the carrier. On the basis of such a record delivered to the Seller, the Buyer may subsequently refuse to accept the delivered goods with an error or confirm the delivery of the goods with an error and subsequently file a claim for defects of goods with the Seller or designated person pursuant to paragraph 8 of these General Terms. In the event that the buyer refuses to take delivery of the goods in error, all the costs reasonably incurred to return the goods to the seller shall be borne by the seller.
9. The Buyer is entitled to withdraw from the contract of sale in case of failure to deliver the goods by the Seller within the period referred to in point 6 of paragraph 2. of these General Terms and Conditions and the Complaints Procedure and the Seller is obliged to refund the Buyer contracts by wire transfer to the buyer's bank account designated by the buyer.
10. The buyer chooses the way of transport when making the order. Because not all shipping methods are available for all forms of payment - e-commerce automatically allows you to select only the shipping method that is possible in your configuration when placing an order.
11. The buyer may change the chosen mode of transport and payment only after agreement with the seller.
12. The price for delivery of the order to the place designated by the buyer for the individual modes of transport depends on the selected mode of transport, the method of payment for the shipment, the type of goods, weight, dimensions and price of the shipment. Actual shipping is calculated online when placing an order depending on the above parameters. The price list of transport is given in Annex no. 4 of these General Terms and Conditions and Complaints Procedure.
13. The seller is not liable for defects in the delivery of the goods relating to the time of extension of the delivery of the goods or other defects in the delivery of goods resulting solely from technical or professional obstacles on the part of the carrier.
VII. Purchase price
1. The purchase price displayed for the goods in the catalog of the e-commerce website operated by the Seller shall include value added tax in the amount stipulated by the applicable legislation of the Slovak Republic and exclude the price for the transport of goods or other optional services.
2. The total purchase price for the goods agreed in the purchase contract between the seller and the buyer is stated in the processed order.
3. The Seller reserves the right at any time to adjust the price of the goods listed on any e-commerce website operated by the Seller. The change in the price of the goods does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.
4. The buyer is obliged to pay the seller the purchase price, including the costs of delivery of the goods.
5. The buyer is obliged to pay the seller the purchase price for the agreed goods within the time limit according to the purchase contract, but at the latest when the goods are taken over.
6. In the event that the Buyer fails to pay the Seller the full purchase price by the moment of delivery of the goods to the Place, the Seller is entitled to refuse delivery of the goods to the Buyer.
7. The costs associated with the transport of goods are not included in the purchase price and the seller is not obliged to provide these services to the buyer or to order them in the e-shop order.
8. All quoted prices are always valid until stocks are sold out, unless otherwise specified for a particular product.
VIII. Acquisition of ownership and transfer of risk of damage to goods
1. The buyer acquires title to the goods only after full payment of the purchase price for the goods.
2. The risk of damage to the goods shall pass to the Buyer at the time when the Buyer or a third party authorized by the Buyer accepts the goods from the Seller or the Carrier or fails to do so in a timely manner.
IX. Complaints procedure (liability for errors, warranty, complaints)
1. In the event of a defect in the goods which can be corrected, the buyer shall have the right to be removed free of charge, in a timely and orderly manner. The seller is obliged to rectify the error without undue delay. If the claimed error is not proven or it is proved that it is not a warranty error, the claim will be rejected.
2. The authorized persons for the assessment and settlement of the claim are the managers of the Seller's company.
3. The buyer may, instead of eliminating the defect, require replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part, unless the seller incurs unreasonable costs with regard to the price of the goods or the seriousness of the defect.
4. The seller may always replace the defective goods with the defective goods instead of eliminating the defect, unless this causes the buyer serious difficulties.
5. In the case of a defect in the goods which cannot be corrected and which prevents the goods from being properly used as a defect-free item, the buyer has the right to exchange the goods or has the right to withdraw from the contract of sale. The same rights belong to the buyer in the case of removable defects, but if the buyer cannot properly use the goods due to the re-occurrence of the defect after repair or a large number of defects.
6. In the case of other irremovable errors, the buyer is entitled to a reasonable discount on the price of the goods.
7. The seller is liable for defects of goods in accordance with the valid regulations of the Slovak Republic and the buyer is obliged to lodge a complaint directly with the seller.
8. Complaints procedure applies to goods purchased by the buyer from the seller in the form of e-commerce on the website of the seller's e-commerce.
9. The Buyer has the right to assume liability for defects in the Seller relating only to goods that show defects for which the manufacturer, the supplier or the Seller are responsible, covered by the warranty and purchased from the Seller.
10. If the goods are defective, the buyer has the right to lodge a complaint in accordance with the provisions of Art. § 18 par. 2 of Act no. 250/2007 Coll. on consumer protection by delivering the goods to the seller and delivering to the seller a manifestation of the buyer's will to exercise his right under points 9 paragraph 1 to 9 paragraph 5 of these General Terms and Conditions and Complaints Procedure (hereinafter referred to as "Notice of Complaint"). in the form of a completed claim form, which is attached to Annex no. 3 of these General Terms and Conditions and Complaints Procedure. The Seller recommends to insure the goods when sending them for complaints. The seller does not accept cash on delivery items. The Buyer is obliged to state in the Notice of Complaint the truthfully all required information, especially precisely specify the type and extent of the defect of the goods; the buyer shall also indicate which of its rights under Sections 622 and 633 of the Civil Code shall apply.
11. The complaint procedure for goods that can be delivered to the seller begins on the day when all the following conditions are cumulatively met:
a) delivery of the Notice of Claim to the Seller,
b) delivery of the claimed goods from the buyer to the seller or designated person,
12. The Seller or designated person shall issue to the Buyer a confirmation of claiming the goods in a suitable form chosen by the Seller, eg. in the form of an e-mail or in writing, in which it is obliged to indicate precisely the claimed defects of the goods and instructs the consumer once again about his rights under Section 8.1. to 8.3. of these General Business Terms and Conditions and Complaints Procedure (provisions of § 622 of the Civil Code) and rights arising from it under point 8.4. to 8.5. of these General Business Terms and Conditions and Complaints Procedure (provisions of § 623 of the Civil Code). If the complaint is made by means of remote communication, the seller is obliged to deliver the confirmation of the claim immediately to the buyer; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of complaint handling; confirmation of the claim does not have to be delivered if the buyer has the opportunity to prove the claim otherwise.
13. The buyer is entitled to decide which of its rights under the provisions of § 622 and ust. Section 623 of the Civil Code is applied and at the same time obliged to deliver information about its decision to the seller without delay. Based on the buyer's decision, which of its rights under § 622 and ust. Section 623 of the Civil Code applied by the seller is obliged to determine the method of handling the complaint under the provisions of § 2 let. m) of Act no. 250/2007 Coll. on consumer protection immediately, in more complicated cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complicated technical assessment of the condition of the goods is required no later than 30 days from the day of the complaint procedure. After determining the method of handling the complaint, the seller will handle the complaint immediately, in justified cases, the complaint can be settled later. However, the claim must not be processed for more than 30 days from the date of claim. After the lapse of the deadline for settling the claim, the consumer has the right to withdraw from the contract or the right to exchange goods for new goods.
14. If the Buyer has made a claim for the goods within the first 12 months after the conclusion of the Purchase Agreement, the Seller may refuse the claim only on the basis of an expert opinion or an opinion issued by an authorized, notified or accredited person or an opinion of a designated person. Regardless of the outcome of the expert assessment, the seller may not require the buyer to pay for the expert assessment of the goods or other costs related to the expert assessment of the goods.
15. If the buyer has lodged a claim after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who settled the claim is obliged to indicate in the proof of the claim to whom the buyer can send the goods for professional assessment. If the buyer proves the seller's responsibility for the defect by expert judgment, he / she can lodge the claim again. The warranty period does not expire during the expert assessment. If the Buyer proves the Seller's responsibility for the defect by expert judgment, the Seller shall reimburse the consumer within 14 days from the date of filing the complaint all costs incurred for the expert assessment, as well as all related costs reasonably incurred. The seller can not reject a complaint.
16. The Buyer is not entitled to exercise the right of liability for errors which were notified to the Seller at the time of conclusion of the contract or which he had to be aware of in the circumstances in which the Purchase Contract was concluded.
17. The Seller reserves the right to replace defective goods with other defective goods with the same or better technical parameters, unless this causes the Buyer serious difficulties.
18. The seller is not responsible for defects of goods:
(a) if there is a manifest error that the buyer could have detected by checking the shipment when the goods were delivered and which he did not notify to the seller's representative in accordance with point 6 and paragraph 8 of these General Terms and Conditions and the Complaints Procedure
b) if the buyer has not exercised his right regarding the seller's liability for defective goods by the end of the warranty period of the goods,
c) if the defect is mechanical damage caused by the buyer,
d) if the defect of the goods was caused by the use of the goods in conditions that do not correspond to the natural environment of the goods due to their intensity, humidity, chemical and mechanical influences,
e) if the defect of the goods was caused by improper handling, servicing or neglect of the care of the goods,
f) if the defect of the goods was caused by damage to the goods due to excessive loading or use contrary to the conditions stated in the documentation or general principles of normal use of the goods,
g) if the defect of the goods was caused by damage of the goods by unavoidable and / or unforeseeable events,
h) if the defect of the goods was caused by damage to the goods by accidental deterioration and accidental deterioration,
(i) where the defect of the goods is due to unqualified interference, damage to water, fire, static or atmospheric electricity, or other acts of force majeure;
19. The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
a) by handing over the repaired goods,
(b) the exchange of goods;
c) refund of the purchase price of the goods,
d) payment of a reasonable discount on the price of the goods,
(e) by reasoned rejection of the goods claim.
20. The Seller shall be obliged to issue a confirmation in writing or by e-mail not later than 30 days from the date of the claim in person, via the postal or courier or delivery service provider, on the method of determining the complaint handling and complaint handling. The seller will inform the buyer about the outcome of the complaint immediately after the complaint procedure by telephone or e-mail. proof of complaint handling delivered by e-mail.
21. The warranty period is 24 months from the date of delivery of the goods, unless otherwise specified for specific cases.
22. The warranty period is extended by the period during which the buyer could not use the goods due to the warranty repair of the goods.
23. In the case of exchange of goods for a new one, the buyer will receive a document stating the information about the exchange of goods and any other complaints shall be based on the purchase contract and this complaint document. In the case of replacement of the goods for a new one, the warranty period will start again from the receipt of the new goods, but only for the new goods.
24. As regards the removable error, the claim shall be settled as follows, subject to the buyer's decision under point 9 and paragraph 14 of these General Terms and Conditions and the Complaints Procedure:
(a) the seller provides for the removal of the error; or
(b) the seller replaces the defective goods.
25. As regards the removable error and the Buyer shall not promptly determine in accordance with point 9 and paragraph 14 of these General Terms and Conditions and Complaints Procedure how the complaint should be handled, the seller shall settle the complaint by removing the error.
26. In the case of a defect that cannot be corrected, or one or more repetitive defects, or a number of different removable defects that prevent the goods from being properly used as error-free, the seller shall settle at the buyer's discretion according to point 9, paragraph 14. of these General Terms and Conditions and Complaints Procedure, the claim as follows:
(a) if the seller is unable to exchange the goods for another, he shall settle the claim by returning the purchase price for the goods;
(b) the exchange of goods for other functional goods of the same or better technical parameters
27. As regards a non-removable defect or one or more repetitive defect or a number of different removable defects that prevent the goods from being properly used as error-free and the buyer does not promptly identify under point 9 and paragraph 14. of these General Terms and Conditions and the Complaints Procedure, how the complaint is to be handled, the seller shall handle the complaint in exchange of goods for other functional goods of the same or better technical parameters.
28. Settlement of a complaint applies only to errors stated in the Notice on the application of the complaint and in the confirmation of the application of the complaint of goods according to point 9.a paragraph 13. of these General Terms and Conditions and the Complaints Procedure.
29. For the purposes of a claim, the occurrence of one removable error more than two times shall be considered as a repeated repeated error.
30. For the purposes of a claim, the occurrence of more than three different removable errors is considered to be multiple different removable errors simultaneously.
31. The buyer's entitlement to claim a defect is after he has exercised his right and asked the seller to remedy the defect of the goods under point 9 and paragraph. 1. These General Terms and Conditions and the Complaints Procedure, which have been consumed and irrespective of the outcome of the complaint, are no longer entitled to reclaim the complaint for the same unique error (not the same type of error).
32. The provisions of points 9 and 9.1 of these General Terms and Conditions and the Complaints Procedure Rules do not expressly apply to entities that do not meet the definition of consumer set out in the provision. § 2 let. a) of Act no. 250/2007 Coll. on consumer protection
33. The Seller has the right to refuse to accept goods for complaint proceedings if the claimed goods or its parts are inadequately contaminated or do not meet the basic requirements for hygienically safe handling of the complaint.
X. Exclusions from the warranty
1. The warranty does not apply to goods or parts with the stated durability or durability, if this has been achieved.
2. Furthermore, the guarantee does not apply to defects caused by:
(a) if there is a manifest error that the buyer could have detected by checking the shipment upon delivery of the goods and which he did not notify to the seller's representative in accordance with point 6 and paragraph 8 of these General Terms and Conditions and the Complaints Procedure;
b) if the buyer has not exercised his right regarding the seller's liability for defective goods by the end of the warranty period of the goods,
c) if the defect is mechanical damage caused by the buyer,
d) if the defect of the goods was caused by the use of the goods in conditions that do not correspond to the natural environment of the goods due to their intensity, humidity, chemical and mechanical influences,
e) if the defect of the goods was caused by improper handling, servicing or neglect of the care of the goods,
f) if the defect of the goods was caused by damage to the goods due to excessive loading or use contrary to the conditions stated in the documentation or general principles of normal use of the goods,
g) if the defect of the goods was caused by damage of the goods by unavoidable and / or unforeseeable events,
h) if the defect of the goods was caused by damage to the goods by accidental deterioration and accidental deterioration,
(i) where the defect of the goods is due to unqualified interference, damage to water, fire, static or atmospheric electricity, or other acts of force majeure;
3. If the claimed goods are not picked up within 60 days from the date of filing the claim, the Seller shall, pursuant to § 656 para. 2 of the Civil Code, authorized to charge an amount of EUR 1 per day for goods up to 10kg and EUR 2 per day for other goods. After 180 days, the seller will dispose of the unpaid claim without compensation.
XI. Withdrawal from the contract
1. The Seller reserves the right to cancel an order or its part in the following cases:
(a) if the buyer provides incorrect contact information and the order cannot be processed
b) if the buyer has not previously taken over the goods or otherwise violated the General Terms and Conditions and Complaints Procedure
2. If the seller is unable to fulfill his obligations under the contract of sale due to sellout, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the contract of sale has discontinued production or made such serious changes that prevented the seller from fulfilling contract or for reasons of force majeure, or if, despite all reasonable efforts to do so, he is unable to deliver the goods to the customer within the time limit specified in these Terms and Conditions or at the price specified in the order, the seller shall immediately the buyer and at the same time it is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). If the Buyer withdraws from the Purchase Agreement for the reasons stated in this paragraph of these General Terms and Conditions and Complaints Procedure, the Seller is obliged to return to the Buyer already paid advance payment for the goods agreed in the Purchase Agreement within 14 days from the notice of withdrawal by bank transfer intended by the buyer.
3. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with the provisions of Art. § 7 et seq. Act no. On Consumer Protection in Distance Selling (hereinafter referred to as the “Consumer Protection Act in Distance Selling Act”) within 14 days of receipt of goods, respectively. from the date of conclusion of the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations under § 3 Consumer Protection Act.
4. The Buyer has the right to unpack and test the goods within the same period of time after taking over in a manner similar to the usual way of purchasing in a classic “stone” shop, to the extent necessary to ascertain the nature, characteristics and functionality of the goods.
5. The withdrawal period shall begin on the day on which the purchaser or a third party designated by him, with the exception of the carrier, takes over all parts of the goods ordered or
a) the goods ordered by the buyer in one order are delivered separately from the date of receipt of the last goods delivered,
(b) supplies goods consisting of several parts or pieces from the date of receipt of the last part or piece;
(c) on the basis of the contract, supplies the goods repeatedly for a specified period, from the date of receipt of the first goods delivered.
6. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the withdrawal period.
7. Withdrawal from the Contract must be made by the Buyer in writing in a manner which does not raise doubts that the Contract has been withdrawn, or in the form of an entry on another durable medium or by means of the form attached to Annex no. 1 of these General Terms and Conditions and Complaints Procedure. The withdrawal period shall be deemed to have been maintained if the withdrawal notice was sent to the seller at the latest on the last day of the period according to the provisions of Art. § 7 par. 1 of the Consumer Protection Act.
8. Withdrawal from the Purchase Agreement pursuant to the preceding point of these General Terms and Conditions and the Complaints Procedure shall contain the information required in the withdrawal form attached to Annex no. 1 of these General Terms and Conditions and Complaints Procedure, in particular the buyer's identification, the order number and date, the exact specification of the goods, the way the seller is to return the already received performance, in particular the account number and / or mailing address of the buyer.
9. If the buyer withdraws from the purchase contract, any supplementary contract related to the purchase contract from which the buyer has withdrawn is also canceled from the beginning. The buyer may not be required to pay any costs or other payments related to the cancellation of the ancillary contract other than payment of the costs and payments referred to in Art. § 9 par. 3, ust. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Service Prices, if the service contract is the subject of the contract and the service has been fully provided.
10. The Buyer is obliged to send the goods back to the address of the Operator's registered office or to hand it over to the Seller or the person authorized by the Seller to take over the goods within 14 days from the date of withdrawal. This does not apply if the seller has proposed to collect the goods in person or through a person authorized by him. The period referred to in the first sentence of this paragraph of these General Terms and Conditions and the Complaints Procedure shall be deemed to be maintained if the goods were handed over for carriage no later than the last day of the period.
11. The buyer is obliged to deliver the goods to the seller, including complete documentation, undamaged, preferably in the original packaging and unused.
12. It is recommended to insure the goods. The seller does not accept cash on delivery items. The Seller shall, without undue delay and within 14 days of the date of receipt of the notice of withdrawal, refund to the Buyer all payments received from him under or in connection with the Purchase Agreement, including shipping, delivery and shipping costs and other costs and charges . The Seller shall not be obliged to refund the Buyer pursuant to this clause of these General Terms and Conditions and the Complaints Procedure before the goods are delivered to him or until the Buyer proves the goods are returned to the Seller, unless the Seller suggests picking up
13. The Buyer shall bear the cost of returning the goods to the Seller or to the person authorized by the Seller to take over the Goods. This shall not apply if the seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3 par. 1, par. i) Consumer Protection Act.
14. The Buyer shall only be liable for any diminution in the value of the goods resulting from the handling of the goods beyond what is necessary to ascertain the characteristics and functionality of the goods. The consumer shall not be liable for any reduction in the value of the goods if the seller has not complied with the information duty on the consumer's right to withdraw from the contract pursuant to § 3 para. 1, par. h) Consumer Protection Act in Distance Selling.
15. The seller is obliged to return the purchase price for the goods to the buyer by bank transfer, unless he agrees with the buyer on another way of returning the payments without any additional fees to the buyer in this regard.
16. In the event that the Buyer withdraws from the contract and delivers to the Seller the goods that are used, damaged or incomplete, the Buyer undertakes to pay the Seller the value by which the value of the goods has been reduced in accordance with the provisions of Art. § 457 of the Civil Code in actual amount.
17 . § 7 par. 6 of the Consumer Protection Act, the buyer may not withdraw from the contract for:
(a) the sale of goods made to the specific requirements of the consumer, tailor-made goods or goods intended specifically for one consumer;
(b) the sale of goods contained in a protective wrapper which it is not appropriate to return for health or hygiene reasons and whose protective wrapping has been breached after delivery;
(c) the sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging, provided that the consumer has unwrapped the packaging;
(d) the provision of electronic content other than on a tangible medium, where the provision of such content has started with the express consent of the consumer and the consumer has declared that he has been duly advised that he is losing his right of withdrawal.
(e) the sale, at the time after the conclusion of the contract and takeover of the goods from the seller, to the buyer, assembled, folded or used in such a way that it cannot be restored by the seller without incurring increased effort and costs
18. The provisions of these Terms and Conditions and the Complaints Procedure do not expressly apply to entities that do not meet the definition of consumer in the provision of the Consumer Code. § 2 let. a) of Act no. 250/2007 Coll. on consumer protection.
19. The Seller shall not be liable for the loss or misuse of digital data contained on data carriers that are part of the returned goods and is not obliged to return them to the Buyer.
XII. Alternative dispute resolution
1. The purpose of this Article of the General Terms and Conditions and the Complaints Procedure is to inform the Consumer about the possibility and conditions of alternative dispute resolution between the Seller and the Buyer.
2. An alternative dispute resolution is the ADR entity's procedure aimed at achieving a conciliatory settlement of the dispute between its parties, ie between the buyer and the seller.
3. The competent body (entity) of alternative dispute resolution is, in accordance with generally binding legal regulations, the Slovak Trade Inspection to which the Consumer may contact or another entity that is included in the list of ADR entities published on the website of the Ministry of Economy SR - http: / /www.mhsr.sk.
4. The consumer can find out about the conditions and the platform of alternative dispute resolution at: http://www.soi.sk/en/Alternative-solutions-consumer-spores.soi
5. The consumer may also resolve the dispute between him and the Seller through the ODR platform. The consumer can find out about the ODR terms and conditions and the ODR platform at: http://ec.europa.eu/consumers/odr/.
XIII. Final provisions
1. Where the contract of sale is concluded in writing, any amendment thereto shall be in writing.
2. The Parties agree that communication between them shall take the form of e-mail messages.
3. Relationships not regulated by these business and complaint conditions are subject to the relevant provisions of the Civil Code, Act no. On electronic commerce and on amendment and amendment of Act no. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and Act no. On consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded off the premises of the seller and amending and supplementing certain acts, Act no. 250/2007 Coll. on Consumer Protection and on Amendment to Act of the Slovak National Council no. 372/1990 Coll. on offenses, as amended.
4. These General Terms and Conditions and the Complaints Procedure shall enter into force against the Buyer upon the conclusion of the purchase contract.
5. Before sending the order, the Buyer will be asked to confirm by ticking the box that he has read and understood these General Terms and Conditions and Complaints Procedure and agrees with them in full.
6. In this case, the mutual relations of the seller and the buyer who is not a consumer are governed by the provisions of Act no. 513/1991 Coll. Commercial Code.
In case of any problems, please contact us:
Animal House spol. Ltd
Janosikova 246, 010 01 Zilina
T + 421 948 410 173
+ 421 902 669 635
E-mail: nutriscience-eu@nutriscience-eu.com
facebook: www.facebook.com/nutriscienceeu
Done at Žilina, 2 October 2019