terms

1. General Provisions

The following business terms and conditions and complaints policy regulate the rights and duties of the Parties, resulting from the Sales Contract concluded between the Seller: PLEZURO s. r. o., Company ID: 50399799, 129, 913 03 Drietoma, registered with the Business Register kept by the District Court Trenčín, Section Sro, Insert No.: 33364/R (hereinafter referred to as the "Seller") and the Buyer. The subject matter of this Contract is the purchase and sale of goods on the Seller’s e-commerce website.

Seller's contact details:

PLEZURO s. r. o., Company ID: 50399799, 129, 913 03 Drietoma, registered with the Business Register kept by the District Court Trenčín, Section Sro, Insert No.: 33364/R

Tax ID: 2120315703

VAT ID: SK 2120315703

Operation: Vrbovská Cesta 48A, 92101 Piešťany

Telephone: +421 33 55 86 591

Email: sklad@plezuro.sk

Supervisory Authority:

Slovak Trade Inspection (SOI)

SOI Inspectorate for the Trenčín region
Hurbanova 59, 911 01 Trenčín
Department of Supervision
tel. No. 032/640 01 09
fax No. 032/640 01 08

http://www.soi.sk

http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

01/1. These Business Terms and Conditions and Complaints Policy in the wording valid as of the date of conclusion of the Sales Contract form an inseparable part of the Sales Contract. In the event of conclusion of the Sales Contract in writing, containing terms and conditions different from these Business Terms and Conditions and Complaints Policy, the provisions of the Sales Contract shall take precedence to these Business Terms and Conditions and Complaints Policy. The newly agreed Business Terms and Conditions must not contradict any other legislation (reducing the period for returning goods, warranty period, etc.)

1.2. For the purposes of these Business Terms and Conditions and Complaints Policy, a supplementary contract shall mean a contract under which the Buyer acquires goods or is provided service which is related to the subject matter of a particular Sales Contract, if the goods is delivered or service is provided by the Seller or a third party based on their agreement.

1.3. The purchase price for the goods displayed on any e-commerce website operated by the Seller also includes the value added tax in the specified amount according to the applicable legal regulation of the Slovak Republic. The price does not include the price for shipping or other optional services. All the commercial and other offers are valid until stock last, unless specified otherwise for the specific goods.

1.4. The Seller shall be entitled to adjust the goods sales price specified on the e-shop website or on the Seller's premises anytime. Such change does not apply to the Sales Contracts concluded before the change of price, regardless of the fact whether or not the goods has already been delivered.

2. Means of Concluding the Sales Contract

2.1. The Sales Contract shall be concluded based on the proposal sent by the Buyer to the Seller in the form of a completed and sent form, through the Seller’s website, after being sent a proposal for conclusion thereof. The subject matter of the Contract shall be a transfer of ownership to the goods identified by the Buyer, against the sales price and under the terms and conditions specified in such order (hereinafter referred to as the “Order”).

2.2. After sending the order, an automatically generated message about acceptance of the order into the Seller's electronic system will be sent to the e-mail address (hereinafter referred to as the “Order Confirmation”). If needed, any additional information regarding the order may be sent to the Buyer’s e-mail address.

2.3. The Order Confirmation contains information about the order being delivered to the Seller and at the same time represents the acceptance of the proposal to conclude the Sales Contract (hereinafter referred to as the “Order Acceptance”).

2.4 The Order Acceptance shall contain the title and specification of the goods, which is the subject matter of the Sales Contract, details of the price of goods and/or other services, data on the probable delivery of the goods, title and details on the place of delivery and details on the conditions, method, price and time of the goods transport to the destination for the Buyer, as well as the Seller’s data such as the business name, registered office, Company ID etc. The notice can also contain other necessary details.

2.5. The Sales Contract is concluded by acceptance of the order in electronic or written form.

2.6. The Seller has informed the Buyer in a clear, unambiguous and unmistakable way before the Buyer has sent their order, about the pre-contract information regarding the complaints, payment, business, shipping and other terms and conditions by:

informing about the main features of the goods or nature of the service within the scope adequate to the used means of communication and the goods or service on the particular catalogue site of the Seller’s e-shop;
Informing about the Seller's business name and registered office on the relevant sub-site of the Seller’s e-shop and in Art. 1 of these Business Terms and Conditions and Complaints Policy, which are published on the relevant sub-site of the Seller’s e-shop;
Informing about the Seller’s telephone number and other data significant for the contact between the Buyer and Seller, in particular their e-mail address and fax number, if any, informing on the relevant sub-site of the Seller's e-shop and in Art. 1 of these Business Terms and Conditions and Complaints Policy, which are published on the relevant sub-site of the Seller’s e-shop;
Informing about the Seller’s address, where the Buyer may enforce complaint about the goods or services, to file complaint or other filing, in Art. 1 of these Business Terms and Conditions, published on the relevant website of the Seller's e-shop;
Informing about the total price for the goods or service including the value added tax and any other taxes or if considering the nature of the goods or service, the price cannot be determined adequately in advance, the method of calculation as well as shipping, delivery, postal and other costs and fees, or if such costs and fees cannot be determined in advance, about the fact that the Buyer will be obliged to pay them, on the relevant catalogue site of the Seller's e-shop;
Informing about the payment terms and conditions, delivery conditions, period within which the Seller undertakes to deliver the goods or provide service, about the procedures for the procedures of applying and handling complaints and cases of the Buyer in the relevant articles of these Business Terms and Conditions and Complaints Procedures, which are published on the relevant sub-page of the Seller's e-shop;
Informing about the Buyer’s right to withdraw from the Sales Contract, the period and procedure for the application of the right to withdraw from the Contract in Article 10 of these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing about provision of the form for withdrawal from the Sales Contract in Art. 10 and in the annex to these Business Terms and Conditions and Complaints Policy, which are published on the relevant sub-page of the Seller’s e-shop; at the same time, the Seller has provided the form for the withdrawal from the Sales Contract itself as an annex to these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing about the fact that should the Buyer withdraw from the Sales Contract, they will bear the costs connected with returning the goods to the Seller according to Art. 10(3) Act No. 102/2014 Coll. on consumer protection in relation to sales of goods or provision of services based on distance and off-premises contracts and amending certain laws (hereinafter referred to as the “Act on consumer protection in relation to distance sale”), and in the case of withdrawing from the Sales Contract, also the cost of returning the goods which cannot be returned via mail due to their nature in Art. 10 of these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing about the Buyer’s obligation to pay to the Seller the price for actually provided performance under Art. 10(5) Act on consumer protection in relation to distance sale, should the Buyer withdraw from the service contract after providing the Seller with express consent under Art. 4(6) of the Act on consumer protection in relation to distance sale, in Art. 10 of these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller's e-shop;
Informing about the circumstances under which the Buyer loses the right to withdraw from the Sales Contract in Article 10 of these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing about the Seller’s responsibility for the defects of goods or services under provision of Art. 622 and 623 Civil Code in Art. 8 of these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing about the existence and details of the guarantee provided by the Producer or Seller according to stricter principles than set up by provisions of Art. 502 Civil Code, if provided by the Producer or Seller, as well as information on the existence and conditions of help and services provided to the Buyer following the sale of goods or provision of services, if any, on the relevant catalogue page of the Seller's e-shop and Art. 9 of these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing about the relevant codes of conduct, the Seller undertook to maintain and on the methods how the Buyer may learn about them or obtain their wording on the relevant catalogue page of the Seller’s e-shop;
Informing about the duration of the Contract, if concluded for a definite period of time or in the case of a contract with automatically renewed validity, the information about the conditions of cancellation of the contract on the relevant catalogue page of the Seller's e-shop and in these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing on the minimum duration of the Buyer’s obligations resulting from the Sales Contract, if such obligation results for the Buyer, on the relevant catalogue page of of the Seller's e-shop and in these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing on the Buyer’s obligation to pay an advance payment or provide another financial guarantee on the Seller’s request and on the conditions related thereto, if such obligation results for the Buyer, on the relevant catalogue page of of the Seller's e-shop and in these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller’s e-shop;
Informing about the functionality including the usable technical protective measures to secure the electronic content, if appropriate, on the relevant catalogue sub-site of the Seller’s e-shop and in these Business Terms and Conditions and Complaints Policy, which are published on the relevant sub-site of the Seller’s e-shop;
Informing about the compatibility of the electronic content with the hardware and software, the Seller knows about or it can be reasonably expected that the Seller knows about, if appropriate, on the relevant catalogue sub-site of the Seller’s e-shop and in these Business Terms and Conditions and Complaints Policy, which are published on the relevant sub-site of the Seller’s e-shop;
Informing about the conditions of solving a dispute out of court through a system of alternative dispute solving, if the Seller undertook to use such system on the relevant catalogue sub-site of the Seller’s e-shop and in these Business Terms and Conditions and Complaints Policy, which are published on the relevant sub-site of the Seller’s e-shop;
Informing about the actions needed to conclude the Sales Contract by describing these actions in these Business Terms and Conditions and Complaints Policy, published on the relevant sub-page of the Seller's e-shop;
Informing about the Sales Contract being stored in electronic form at the Seller and will be available to the Buyer on written request on the relevant catalogue sub-site of the Seller’s e-shop and in these Business Terms and Conditions and Complaints Policy, which are published on the relevant sub-site of the Seller’s e-shop;
Informing about the fact that Slovak language is the language of the contract on the relevant catalogue sub-site of the Seller’s e-shop and in these Business Terms and Conditions and Complaints Policy, which are published on the relevant sub-site of the Seller’s e-shop.

2.7. If the Seller failed to meet his information obligation according to paragraph 2.6. (e) hereof, the Buyer is not obliged to pay such additional costs or fees.

3. Rights and Duties of the Seller

3.1. The Seller is obliged:

a) If confirming the order by acceptance, to deliver the goods to the Buyer in the agreed quantity, time, quality, to pack it and provide for the transportation needed for its preservation and protection;

b) To ensure that the goods delivered complied with the applicable legal regulations of the SR;

c) To send confirmation on the Sales Contract conclusion on a durable media, such as e-mail. The confirmation has to be sent without undue delay, containing all the information specified in 2.6. Including the form for withdrawal from the Sales Contract;

d) At the latest along with the goods, to hand over to the Buyer, in electronic or written form any documents needed for the take-over and use of the goods purchased as well as additional documents prescribed by the applicable legal regulations of the Slovak Republic, such as the instructions in the Slovak language, delivery note, warranty and invoice.

3.2. The Seller has the right to proper and timely payment of the purchase price from the Buyer for the goods delivered.

3.3. If the goods are not available or sold out, the Seller is not able to deliver the goods to the Buyer within the time agreed in the Sales Contract, set out herein or at the agreed purchase price, the Seller shall be obliged to offer a substitute to the Buyer or an option to withdraw from the Sales Contract (order cancellation). It is possible to withdraw from the Sales Contract or to cancel the order by sending an e-mail to the Seller. If the Buyer will have already paid the purchase price or a part thereof, the Seller shall be obliged to refund the paid purchase price or a part thereof within 14 days of delivery of the e-mail on the withdrawal from the Sales Contract or cancellation of the order to the designated account, unless the Parties agree otherwise. If there is no substitute for the Buyer offered by the Seller, nor the Buyer withdraws from the Sales Contract, the Seller shall be entitled to withdraw from the Sales Contract. If the Buyer will have already paid the purchase price or a part thereof, the Seller shall be obliged to refund the paid purchase price or a part thereof within 14 days of delivery of the withdrawal from the Sales Contract to the Buyer.

4. Rights and Duties of the Buyer

4.1. The Seller informed the Buyer about their obligation to pay the Purchase price. This obligation is a part of the order.

4.2. Rights of the Buyer: The Buyer has the right for the delivery of the goods in the quantity, quality, time and place agreed upon between the parties.

4.3. Obligations of the Buyer:

a) To pay the agreed purchase price to the Seller within the agreed payment term, including the shipping cost for the goods ordered;

b) To take over the goods ordered and delivered;

c) In the delivery note, to confirm the takeover of the goods by his/her signature or signature of a person authorised by him/her.

5. Delivery and payment conditions

5.1. For each item on the e-shop website, there is the usual availability of the goods along with the expedition date provided.

5.2. The Seller shall be obliged to deliver the item to the Buyer without undue delay, however, at the latest within 30 days of the date of conclusion of the Sales Contract, unless agreed otherwise in the Sales Contract. Should the Seller fail to fulfil this obligation, the Buyer may invite him to deliver the item within a reasonably set additional period. Should the item not be delivered within a reasonable additional period, the Buyer shall be entitled to withdrawal from the Contract.

5.3. The Seller shall be entitled to invite the Buyer to take over the goods even before the expiration of the delivery period agreed in the Sales Contract.

5.4. The image of items on any of the e-shop pages operated by the Seller is not for illustration only. The measurements, weight and other data on the items in the catalogues, leaflets and other papers of the Seller presented on the e-shop website are provided by the manufacturer and may differ from reality by +- 1% of the value provided.

5.5. The Buyer shall be obliged to take over the goods in the agreed place, according to the Sales Contract or another way at the time prior to delivery of the goods (hereinafter referred to as the “Place”). The Buyer shall be obliged to take over the goods within the time frame agreed between the Seller or his representative authorised to deliver the goods and the Buyer in the Sales Contract or another way at the time prior to delivery of the goods (hereinafter referred to as the “Time Frame”).

5.6. Should the Seller deliver the goods to the Buyer to the Place and within the Time Frame, the Buyer shall be obliged to take over the goods in person or to ensure take-over of the goods by an authorised person. The Buyer shall be obliged to sign a payment, delivery and hand-over protocol. The third person authorised to take over the goods shall be obliged to submit a copy of the order acceptance to the Seller. At the moment of delivery, the goods is considered as delivered. Delivery of the goods to the Buyer shall mean the delivery of the goods to the Place, its takeover by the Buyer or a third person authorised by the Buyer and signature of the protocol on the payment of purchase price and delivery, and hand-over of the goods by the Buyer or a third person authorised by the Buyer.

5.7. If there is a need to repeat the goods delivery due to absence of the Buyer in the Place and within the Time Frame or if the Buyer fails to take over the goods within 7 days of expiration of the Time Frame in vain, without prior written withdrawal from the Sales Contract, the Seller shall be entitled to claim compensation in amount of the actual cost of the loss for the unsuccessful delivery of the goods to the Place.

5.8. The Buyer shall be obliged to check the shipment received, both the packaging and the goods, immediately after delivery, in the presence of the Seller’s representative, e.g. the courier. Should any defect be found to the goods, the Seller’s representative shall be obliged to enable the Buyer to make a record on the nature and extent of the goods defect, with the correctness being confirmed by the Seller’s representative. With the record made up this way, delivered to the Seller, the Buyer may refuse to take over the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently, according to Article 8 hereof, file a complaint about the goods defect at the Seller or an appointed person. If the Buyer refuses to take over the delivered goods with defects, all the reasonably incurred costs of returning the goods shall be borne by the Seller.

5.9. Should the Seller fail to deliver the goods, the Buyer shall be entitled, within the period set out in point 5.2. hereof, to withdraw from the Sales Contract and the Seller shall be obliged to refund the paid purchase price or a part thereof to the Buyer within the period of 14 days of the moment of delivery of the withdrawal from the Sales Contract. The funds shall be transferred to the bank account specified by the Buyer.

6. Purchase price

6.1. The purchase price for goods, as agreed in the Sales Contract between the Buyer and Seller, is specified in the order acceptance (hereinafter referred to as the “Purchase Price”). If the Purchase Price specified in the order confirmation is higher than the price for identical goods in the e-shop offer at the time when the Buyer sends the order, the Seller will deliver an electronic message to the Buyer containing information about the offer of the new Purchase Price, which shall be considered as the Seller's proposal for the conclusion of a new Sales Contract, the Buyer has to expressly confirm by e-mail or in writing, to validly conclude the Sales Contract.

6.2. The Buyer shall be obliged to pay the Purchase Price to the Seller including shipping cost as cash on delivery in the place of delivery of the goods or via cashless transfer to the Seller’s account specified in the order acceptance or on the website at the time prior to the goods takeover.

6.3. If the Purchase Price is paid via cashless transfer to the Seller’s account, the moment when the full amount was credited to the Seller’s account shall be considered as the payment day.

6.4. The Buyer shall be obliged to pay the Purchase Price for the agreed goods to the Seller within the period specified in the Sales Contract, however, at the latest when taking over the goods.

6.5. The Seller shall be entitled to deny the delivery of goods to the Buyer if the Buyer fails to pay the full Purchase Price to the Seller by the moment of delivery of the goods to the Place, unless the Parties agreed upon payment of the Purchase Price in instalments.

6.6. Assembly, carrying the goods and cost related therewith is not included in the Purchase Price and the Seller is not obliged to provide the Buyer with such services.

7. Acquisition of Ownership and Transfer of the Risk of Damage to Goods

7.1. The Buyer only acquires the ownership to the goods by full payment of the Purchase Price for goods.

7.2. By the moment of takeover of the goods by the Buyer or a third person authorised by the Buyer from the Seller or his representative authorised to deliver the goods or if this is not carried out on time, at the time when the Seller enables the Buyer to handle the goods and the Buyer fails to take over the goods, the risk of damage to the goods is transferred to the Buyer.

8. Complaints Procedure (Warranty, Liability for Damages, Complaints)

8.1. In the case of a defect that can be removed, the Buyer shall be entitled to free removal of the defect, duly and on time. The Seller shall be obliged to remove the defect without undue delay.

8.2. Instead of the defect removal, the Buyer may require exchange of the goods, or if the defect only concerns a part of the goods, exchange of the relevant part, unless unreasonable cost arise to the Seller with respect to the price of the goods or severity of the defect.

8.3. The Seller may exchange the defective goods for defect-free goods always, unless this causes significant difficulties to the Buyer.

8.4. If the goods defect cannot be removed and it prevents proper use of the item, the Buyer shall be entitled for an exchange of the goods or to withdraw from the Sales Contract. The Buyer shall be entitled to the same rights if the defects can be removed, however, due to the repeated occurrence of the defect following the repair or occurrence of more defects, the Buyer cannot use the item properly.

8.5. In the case of other irremovable defects, the Buyer shall be entitled to reasonable discount from the goods price.

8.6. The Seller instructed the Buyer on his/her rights resulting from the provisions of Art. 622 Civil Code (points 8.1. to 8.3. hereof) and the rights resulting from the provisions of 623 Civil Code (points 8.4. to 8.5. hereof) by publishing these Business Terms and Conditions and Complaints Policy on the relevant page of the Seller's e-shop and the Buyer was able to read them before sending the order.

8.7. The Buyer shall be obliged to apply the complaint at the Seller or an appointed person. The Seller shall be liable for any defects to the goods according to the applicable legislation of the Slovak Republic. Information about the service places and appointed persons for the warranty and post-warranty service will be provided by the Seller to the Buyer on the back of the warranty or on request by phone or e-mail.

8.8. The complaint handling follows the Seller's valid Complaints Policy, i.e. Art. 8 hereof. The Buyer was duly informed about the Complaints Policy and the means of filing complaints including the data about where the complaint may be filed and about the exercise of warranty service in compliance with provisions of Art. 18(1) Act No. 250/2007 Coll. On Consumer Protection and on changes to the Act of the Slovak National Council No. 372/1990 Coll. On Offences as amended (hereinafter referred to as the “Act”) at the time prior to the conclusion of the Sales Contract, by publishing these Business Terms and Conditions and Complaints Policy on the relevant page of the Seller's e-shop and the Buyer was able to read them before sending the order.

8.9. The Complaints Policy applies to the goods purchased by the Buyer from the Seller through the e-shop on the Seller's website.

8.10. If the goods shows defects within the liability of the manufacturer, supplier or Seller, it is subject to warranty and was purchased from the Seller, the Buyer shall be entitled to apply the liability for the defects at the Seller.

8.11. If the goods shows defects, the Buyer shall be entitled to apply the complaint at the Seller's establishment in compliance with the provisions of Art. 18(2) of the Act, by delivering the goods to the Seller's establishment, along with the manifestation of the Buyer’s will to exercise his/her right according to points 8.1. to 8.5. Hereof (hereinafter referred to as the “Notification of Complaint”), e.g. as a completed complaint form which is published on the relevant sub-page of the Seller’s e-shop. The Seller recommends insuring the goods when sending the complaint. The Seller does not accept shipments with cash on delivery. In the Notification of Complaint, the Buyer shall be obliged to provide any required information, in particular to precisely identify the type and extent of the goods defect; at the same time, the Buyer shall specify, which of the provisions of Art. 622 and 633 of the Civil Code does he/she exercise. The Buyer shall be entitled to apply the complaint also at the person appointed by the manufacturer to perform warranty repairs (hereinafter referred to as the “Appointed Person”). The list of Appointed Persons is provided in the warranty or can be sent to the Buyer by the Seller on request.

8.12. The complaint procedure regarding the goods that can be delivered to the Seller starts on the day when all the following conditions are fulfilled jointly:

a) Delivery of the Notification of Complaint by the Buyer to the Seller;

b) Delivery of the claimed goods from the Buyer to the Seller or to the Appointed Person;

c) Delivery of the access codes, passwords and the like to the claimed goods to the Seller, if necessary for proper complaint handling.

8.13. If the goods claimed cannot be reasonably delivered to the Seller or is built-in, apart from meeting the conditions according to points 8.12. (a) and (c) hereof, the Buyer shall be also obliged to provide any necessary cooperation to make an inspection of the claimed goods by the Seller or a third party appointed by the Seller.The complaint procedure regarding the goods that cannot be objectively delivered to the Seller or is built-in shall start on the day of inspection according to the first sentence. However, if the Seller or a third person appointed by him, in spite of the necessary cooperation provided by the Buyer, fails to provide for the inspection within a reasonable period, however, at the latest within 10 days of delivery of the Notification of Complaint to the Seller, the complaint procedure shall start on the day of delivery of the Notification of Complaint to the Seller.

8.14. The Seller or an Appointed Person shall issue a confirmation to the Buyer on the application of goods complaint in an appropriate form chosen by the Seller, e.g. in form of e-mail or in writing, accurately identifying the claimed goods defects and one more time instructing the consumer on his/her rights resulting from the points 8.1. to 8.3. hereof (provision of Art. 622 of the Civil Code) and the rights based on the points 8.4. to 8.5. hereof (provision of Art. 623 of the Civil Code). If the complaint is applied through the remote communication channels, the Seller shall be obliged to deliver the confirmation of the complaint immediately; if it is not possible to deliver the confirmation immediately, it has to be delivered without undue delay, however, at the latest along with the document of the complaint handling; the confirmation of the complaint does not have to be delivered if the Buyer is able to prove the complaint in any other way.

8.15. The Buyer shall be entitled to decide, which of the rights according to the provisions of Art. 622 and Art. 623 of the Civil Code is he/she applying and at the same time shall be obliged to deliver an information about his/her decision to the Seller without undue delay. Based on the Buyer’s decision about which of his/her rights according to the provisions of Art. 622 and Art. 623 of the Civil Code is he/she applying, the Seller or an Appointed Person shall be obliged to determine the method of handling the complaint according to the provisions of Art. 2(m) of the Act immediately, in the more complex cases within 3 days of the start of the complaint procedure, in justified cases, especially if complex technical assessment of the goods is required, at the latest within 30 days of the complaint application. After the method of complaint handling is determined, the Seller or the Appointed Person shall handle the complaint immediately. In justified cases, the complaint may be handled later. However, the complaint handling must not last more than 30 days from the complaint application. If the period for complaint handling expires in vain, the consumer shall be entitled to withdraw from the Contract or to exchange the goods item for new one.

8.16. If the Buyer applied his/her complaint in the first 12 months of conclusion of the Sales Contract, the Seller may handle the complaint by rejection based on the expert opinion or statement issued by an authorised, notified or accredited person or statement of an Appointed Person (hereinafter referred to as the “professional assessment of the goods”). Regardless of the result of the professional assessment, the Seller cannot require the payment of costs for the professional assessment of the goods from the Buyer nor any other costs related with the professional assessment of the goods.

8.17. If the Buyer applied his/her complaint about the goods after 12 months of conclusion of the Sales Contract and the Seller refused it, the person handling the complaint shall be obliged to specify, in the complaint handling document, to whom the Buyer may send the goods for professional assessment. If the Buyer sends the goods for professional assessment to the appointed person specified in the complaint handling document, the cost of professional assessment as well as any other related reasonably incurred cost shall be borne by the Seller, regardless of the result of the professional assessment. If the Buyer proves the Seller’s liability for the claimed defect to the goods by professional assessment, he/she can re-apply the complaint; during the process of professional assessment, the warranty period is not going on. The Seller is obliged to pay to the Buyer within 14 days of the day of re-applied complaint any cost incurred for the professional assessment of the goods as well as any related reasonably incurred cost. The re-applied complaint cannot be rejected.

8.18. The Buyer is not entitled to apply the right of liability for the defects, the Seller notified him/her of at the time of conclusion of the contract or he/she must have known about considering the circumstances under which the Sales Contract was concluded.

8.19. The Seller reserves the right to replace the defective goods for other defect-less goods with the same or better technical parameters, unless it causes significant difficulties to the Buyer.

8.20. The Seller is not reliable for the goods defects:

In the case of an apparent defect, the Buyer could have found by checking the shipment on delivery and failed to report to the Seller’s representative according to point 5-8. Hereof;
If the Buyer failed to apply his/her right regarding the responsibility of the Seller for the defect by the end of the goods warranty period;
If the defects is a mechanical damage to the goods caused by the Buyer;
If the defect originated by using the goods under conditions not suitable for the goods in terms of intensity, humidity, chemical and mechanical impacts;
If the defect originated by improper handling, service or neglected care for the product;
If the defect originated by damaging the goods by excessive burdening or use in contradiction with the conditions specified in the documentation or general principles of usual use of the goods;
If the defect originated by damaging the goods by irreversible and/or unpredictable events;
If the defect originated by damaging the goods by random destruction and deterioration;
If the defect originated by improper intervention, damage by water, fire, static or atmospheric electricity or another Force Majeure;
If the defect originated by interfering with the product by a person not authorised thereto.

8.21. The Seller shall be obliged to handle the complaint and complete the complaint procedure in one of the following ways:

a) Exchange of goods;

b) Refund of the purchase price;

c) Hand-over of the repaired goods;

d) Payment of an adequate discount from the goods price;

e) Written request for takeover of the fulfilment determined by the Seller;

f) Justified refusal of the complaint.

8.22. The Seller shall be obliged to issue a written confirmation on the method of handling the complaint and on handling the complaint to the Buyer at the latest within 30 days of the date of application of the complaint in person, through a post, courier or delivery service. The Seller shall inform the Buyer about the result of the complaint handling immediately upon completion of the complaint procedure by phone or e-mail and at the same time, the document of complaint handling will be delivered to the Buyer along with the goods or via e-mail.

8.23. The warranty period is 24 months from delivery of the goods, unless another warranty period is set for individual cases. The products of sports nutrition, food in gift baskets and animal food have the minimum durability more than 2 months prior to the best before date. In the case of a shorter expiration, the Seller will contact the Buyer by phone or e-mail and the shipment is only sent with the Buyer’s consent.

8.24. In the case of warranty repair of the goods, the warranty shall be extended by the time when the Buyer could not use the goods.

8.25. In the case of exchange for new goods, the warranty starts again from the take-over of the new goods, but for the new goods only. In the case of exchange for new goods, the Buyer will receive a document containing information on the goods exchange and any additional complaints shall be applied based on the Sales Contract and this complaint document.

8.26. In the case of a removable defect, the complaint will be handled according to the Buyer's decision according to point 8.15. hereof, as follows:

a) the Seller will exchange the defective goods, or

b) the Seller will provide for the defect removal.

8.27. In the case the defect is removable and the Buyer does not determine the way of handling the complaint according to point 8.15. hereof without undue delay, the Seller will handle the complaint by removing the defect.

8.28. In the case the defect cannot be removed or in the case of a single defect repeated several times, or several different removable defect preventing the use of the goods as if defect-free, the Seller will handle the complaint based on the Buyer’s decision according to point 8.15. hereof, as follows:

By exchange for another functioning goods of the same or better technical parameters, or
If the Seller cannot exchange the goods for another, refunding the purchase price for the goods.

8.29. In the case the defect cannot be removed or in the case of a single defect repeated several times, or several different removable defects preventing the use of the goods as if defect-free and the Buyer does not determine the method of handling the complaint according to point 8.15. hereof without undue delay, the Seller shall handle the complaint by exchange for another functional goods of the same or better technical parameters.

8.30. The complaints handling only applies to the defects specified in the Notification of Complaint and in the confirmation of the goods complaint according to point. 8.14. hereof.

8.31. For the purposes of the complaint, a single defect repeated several times shall mean an occurrence of one removal defect more than twice.

8.32. For the purposes of the complaint, several different removable defects shall be considered as more than three different removable defects at the same time.

8.33. After using the right and asking the Seller to remove the goods defect according to point 8.1. Hereof, the Buyer’s right to apply the goods defect complaint shall be consumed and regardless of the result of the complaint, the Buyer is no longer entitled to apply the complaint repeatedly for the particular unique defect (does not apply to the defects of the same kind).

8.34. Provisions of Art. 8 hereof do not expressly apply to the entities not meeting the definition of the consumer as specified in provision of Art. 2 (a) Act 12/2014.

9.1. Personal Data Protection

The Parties agree that if the Buyer is a natural person, he/she shall be obliged to provide the Seller in the order with his/her name and surname, permanent residence address including ZIP code, telephone number and e-mail address.
The Parties agree that if the Buyer is a legal entity, he shall be obliged to provide the Seller in the order with his business name, registered office address including ZIP code, Company ID, telephone number and e-mail address.
The Buyer may check and modify the personal data provided any time as well as cancel his/her registration after login to the e-shop website, section https://www.plezuro.com/sk/my-account?_fid=jyb9.
The Seller hereby informs the Buyer that according to the Act No. 18/2018 Coll. on Personal Data Protection and on changes and supplements to some acts as amended by later supplements (hereinafter referred to as the “APDP”), the Seller as the Controller, within the process of Sales Contract conclusion, will process the Buyer’s personal data without his/her consent as the Data Subject, since the Buyer’s personal data processing will be carried out by the Seller in the pre-contract relationships with the Buyer and the Buyer’s personal data processing is necessary for the performance of the Sales Contract, where the Buyer acts as one of the Parties.
By checking the particular field before sending the order, the Buyer may express his/her consent pursuant to APDP for the Seller to process and keep his/her personal data, in particular the ones specified above and/or the ones needed for the Seller's activity regarding the sending of information on new products, discounts and goods offers, processing them in any of his information systems, with respect to sending information on new products, discounts and goods offers.
The Seller undertakes to handle and process the personal data in compliance with the applicable legislation of the SR.
The Seller declares, in compliance with APDP, to acquire personal data exclusively for the purpose specified herein.
The Seller declares, in compliance with APDP, to acquire personal data for purposes other than specified herein, ensuring that such personal data was processed and used exclusively in the manner corresponding with the purpose they were gathered for and not merging them with the personal data gathered for other purposes.
The Buyer grants consent to the Seller according to point 9.5. hereof, for a definite period of time, until fulfilment of the purpose of the Buyer’s personal data processing. Following the fulfilment of the purpose of processing, the Seller shall provide for liquidation of the Buyer’s personal data processing without undue delay. The Buyer may withdraw the consent to personal data processing any time, in writing. The consent shall expire within the period of 1 month of delivery of the consent withdrawal by the Buyer to the Seller.
Prior to sending an order, the Buyer will be invited to confirm by checking the field that the Seller has informed him/her about the following in a sufficient, clear and unambiguous way:
The Seller declares to process the personal data in compliance with good manners and will act in a way not contradicting the APDP nor any other generally binding legal regulation nor to avoid them. The Seller declares that the Data Subject’s consent will not be enforced nor conditioned by a threat of rejecting the contractual relationship, the service, goods or obligation binding for the Seller.
Based on a written request, the Buyer shall be entitled to require from the Seller the following
Based on a free written request, the Buyer shall be entitled to object at the Seller against:
Based on a free written request the Buyer shall be entitled to object against the personal data processing in the cases as listed in Art. 31 APDP, by stating justified reasons or submitting evidence on unauthorized infringement of their rights and statutory interests, which are or may be damaged in the particular case by such personal data processing; unless this is prevented by legal reasons, and it is proven that the objection of the Buyer is justified, the operator is obliged to block and liquidate the personal data, against the processing of which the Buyer had objected, immediately as possible.
Based on a written request or in person, if the matter cannot stand delay, the Buyer is entitled to object, not to submit to the controller's decision, which would have legal effects or significant impact on them, if such decision has been issued exclusively based on the actions of automatic processing of their personal data. The Buyer shall be entitled to ask the Seller to examine the decision issued using a method other than automated processing and the Seller shall be obliged to grant the Buyer’s request, in particular with the authorised person having the decisive role in the review of the decision; the Seller shall inform the Buyer about the method and result of the examination within the period according to point. 9.18. hereof. The Buyer is not entitled to this right only in the cases set out by a separate act stipulating the measures for the provision of legitimate interests of the data subject or if the controller, within the pre-contractual relationships or during the existence of the contractual relationships, whereby the controller would satisfy the request of the Buyer or if the controller, based on a contract, adopted other adequate measures to ensure the legitimate interests of the Buyer.
If the Buyer exercises their right in writing and his/her request implies that he/she is exercising his/her right, the request is considered as submitted in compliance with this Act; the Buyer shall send a request submitted via electronic mail or fax in writing within three days of sending.
If the Buyer suspects unauthorised processing of their personal data, they may file a notice to the Office for Personal Data Protection. If the Buyer is not capable of legal actions in full extent, his/her rights may be exercised by his/her legal representative.
The Seller shall be obliged to handle the Buyer’s request in writing according to this article hereof, or to meet the requirements of the Buyer according to APDP and inform him/her in writing at the latest within 30 days of the receipt of the request or requirement.
Any restriction to the Buyer's rights according to APDP shall be reported by the Seller to the Data Subject and the Office for Personal Data Protection in writing without undue delay.
Hereby, the Seller informs the Buyer that in compliance with APDP with regard to the Buyer’s personal data processing, it is expected that his/her personal data will be provided and made available to the following third parties or a group of beneficiaries:
- Value by which the value of goods was reduced according to provisions of Art. 457 Civil Code in actual amount;
- Cost incurred to the Seller in relation to the repair of goods and its restoration, calculated according to the post-warranty goods service price list.

His identification data as specified in Art. 1 hereof.
Identification data of a third party, which is the company delivering the Buyer the ordered goods, with such data specified in the acceptance.
Purpose of Personal Data Processing, which is the conclusion of Sales Contract between the Seller and Buyer.
The fact that the Seller will process the Buyer’s personal data in the extent of name and surname, permanent residence address ZIP code included, telephone number and e-mail address if the Buyer is a natural person, and in the extent of business name, registered office address ZIP code included, Company ID, telephone number and e-mail address if the Buyer is a legal entity.
The fact that the Buyer is obliged to provide the required personal data.

Confirmation, whether or not the personal data about the data subject have been processed.
Purpose of Personal Data Processing.
In a generally understandable form, information on the processing of personal data in the information system and on its status in the extent as follows:
- Identification data of the Seller and the Seller's representative, if appointed;
- Identification data of the intermediary; this does not apply if the Seller does not follow the Art. 34 of the APDP when acquiring the personal data.
In generally understandable form, accurate information about the source, the operator has obtained his/her personal data for processing.
In a generally understandable form, transcript of his/her personal data which are subject to processing.
Additional information the Buyer needs to ensure his/her rights and legitimate interests with respect to any circumstances and conditions of personal data processing, including but not limited to:
- Advice on voluntariness or obligation to provide the requested personal data; if the Seller acquires the Buyer’s personal data based on the Buyer’s consent according to APDP, The Seller shall inform the Buyer on the validity of the consent and if the Buyer’s obligation to provide his/her personal data results from directly enforceable legally binding act of the European Union, an international treaty committing the Slovak Republic or an act, the Seller shall inform the Buyer about the legal basis, imposing such obligation, informing him/her about the consequences of refusal to provide such personal data;
- Information on third parties, if it is assumed or apparent that they will be provided personal data;
- The group of beneficiaries, if it is assumed or apparent that they will be provided access to personal data;
- The form of publication, if the personal data are to be published;
- Third countries, if it is assumed or apparent that the personal data will be transferred to such countries;
Correction of incorrect, incomplete or outdated personal data subject to processing.
Liquidation of his/her personal data after completing the purpose of processing; if official documents containing personal data are subject to processing, the data subject may ask to have them returned.
Liquidation of his/her personal data subject to processing, in the case of violation of the APDP or other applicable legal regulation of SR.

Processing of his/her personal data assumed to be processed for the direct marketing purposes without his/her consent and ask for liquidation thereof.
Use of personal data specified in Art. 31 for the direct marketing purposes in postal service, or
Provision of personal data specified in Art. 31 for the direct marketing purposes.

Slovenská Pošta, a. s., with its registered office Partizánska Cesta 9, 975 99 Banská Bystrica 1, Company ID: 36 631 124, registered in the Business Register of the District Court Banská Bystrica, Section Sa, Insert No. 803/S

DHL Parcel Slovensko spol. s r. o., with its registered office Na pántoch 18, 831 06 Bratislava-Rača, Company ID 47 927 682, registered in the Business Register of the District Court Bratislava 1, Section Sro, Insert No. 100759/B

9.21. The Seller's e-shop information systems are registered according to the Act No. 122/2013 Coll. on Personal Data Protection.

10. Withdrawal from the Sales Contract

10.1. If the Seller will not be able to fulfil his obligations resulting from the Sales Contract, in particular due to selling out the goods, goods being out of stock or if the manufacturer, importer or supplier of the goods agreed in the Sales Contract interrupted the production or performed significant modifications disabling the fulfilment of the Seller’s obligations resulting from the Sales Contract or due to Force Majeure, or if even making maximum reasonably expected effort, the Seller is not able to deliver the goods to the Customer within the period set out herein, or at the price provided in the order, the Seller shall be obliged to inform the Buyer about such situation immediately and at the same time offer the Buyer an alternative solution or an option to withdraw from the Sales Contract (cancel the order). Should the Buyer withdraw from the Sales Contract for the reasons specified in this point hereof, the Seller shall be obliged to refund the advance already paid for the goods agreed in the Sales Contract within the period of 14 days of the notification of withdrawal from the Contract to the account specified by the Buyer.

10.2. The Buyer is entitled to withdraw from the Sales Contract without stating reason in compliance with provisions of Art. 7 et seq. of the Act No. 102/2014 Coll. on consumer protection in relation to distance sale (hereinafter referred to as the “Act on consumer protection in relation to distance sale”) within the period of 14 days of the take-over or of the date of conclusion of the service contract or contract for the provision of electronic content not delivered on a material medium, if the Seller fulfilled the information requirements according to provisions of Art. 3 Act on consumer protection in relation to distance sale duly and on time.

10.3. Within this period following the take-over of the goods, the Buyer shall be entitled to unpack and try out the goods in a similar way as is usual in classic “brick and mortar” stores, in particular within the extent needed to examine the nature, features and functionality of the goods.

10.4. The period for the withdrawal from the Contract shall start on the day when the Buyer or a third person appointed by him/her, with the exception of the carrier, shall take over all the parts of the ordered goods or if

a) The goods delivered consists of several parts or pieces, on the date of take-over of the last part or piece;

b) The goods ordered by the Buyer in a single order are delivered separately, on the date of take-over of the goods delivered as the last;

c) Based on the Contract, the goods are delivered repeatedly over a determined period, on the date of take-over of the first goods.

10.5. The Buyer can withdraw from the Sales Contract, the subject of which is the purchase of goods even prior to the start of the period for withdrawal from the Contract.

10.6. Withdrawal from the Contract has to be performed in writing, in a way not raising doubts whether or not the withdrawal was executed by mistake or in form of a record on another durable medium or using the form enclosed as the Annex No. 1 hereto. The period for withdrawal from the Contract shall be considered as adhered to if the notification of withdrawal from the Contract was sent to the Seller at the latest on the last day of the period according to provision of Art. 7(1) of the Act on consumer protection in relation to distance sale.

10.7. Withdrawal from the Sales Contract according to the previous point hereof has to contain information required in the Withdrawal from the Sales Contract form which is enclosed as the Annex No. 1 hereto, in particular identification of the Buyer, order number and date, product specification, method of refunding the performance already received by the Seller, i.e. the account number and/or postal address of the Buyer.

10.8. In the case of withdrawal from the Sales Contract by the Buyer, any additional contract related to the withdrawn contract shall be cancelled from the beginning. It is not allowed to require any costs or other payments from the Buyer, related to the cancellation of the additional contract, apart from the costs and payments specified in provisions of Art. 9(3), provisions of Art. 10(3) and (5) of the Act on consumer protection in relation to distance sale and the price for the service, if a provision of service is the subject matter of the contract and the service was fully provided.

10.9. Within the period of 14 days of the withdrawal from the Sales Contract, the Buyer shall be obliged to send, without undue delay, the goods back to the provider’s registered office address or hand it over to the Seller or a person authorised by the Seller to take over the goods. This does not apply if the Seller suggested to pick up the goods in person or through a person authorised by him. The period according to the first sentence of this point hereof shall be considered as adhered to if the goods were handed over for transport at the latest on the last day of the period.

10.10. The Buyer shall be obliged to deliver the goods to the Seller complete, including the complete documentation, undamaged, in the original packaging if possible and unused.

10.11. Shipments with cash on delivery will not be accepted by the Seller. It is recommended to have the goods insured. Without undue delay, at the latest within 14 days of delivery of the notification of withdrawal from the Contract, the Seller shall be obliged to refund all the payments received from the Buyer based on the Sales Contract or in relation therewith, including the cost of shipping, delivery and post, as well as any additional costs and fees. The Seller is not obliged to refund the Buyer for the payments according to this point hereof before the goods is delivered or until the Buyer proves that he/she sent the goods back to the Seller, unless the Seller suggests to pick up the goods in person or through a person authorised by him.

10.12. The cost of returning the goods to the Seller shall be borne by the Buyer. The goods shall be returned directly to the Seller or a person authorised to take over the goods by the Seller. This shall not apply if the Seller agreed to bear such costs or if the Seller failed to fulfil the obligation according to Art. 3(1)(i) of the Act on consumer protection in relation to distance sale.

10.13. The Buyer shall be only responsible for the decreased value of goods due to such handling that exceeds the scope needed to examine its features and functionality. The consumer shall not be liable for the decreased value of goods if the Seller failed to fulfil the information requirement on the consumer’s right to withdraw from the Contract according to Art. § 3(1)(h) of the Act on consumer protection in relation to distance sale.

10.14. The Seller shall be obliged to refund the Buyer for the purchase price for the goods the same way as the Buyer used to pay for the goods, unless agreed otherwise, without charging any additional fees to the Buyer in this respect.

10.15. Should the Buyer withdraw from the Contract and deliver goods to the Seller which is used, damaged or incomplete, the Buyer undertakes to pay to the Seller:

According to this point hereof, the Buyer shall beobliged to pay to the Seller the compensation maximum in the amount of difference between the purchase price and the value of goods at the time of withdrawal from the Sales Contract.

10.16. In compliance with the provisions of Art. 7(6) of the Act on consumer protection in relation to distance sale, the Buyer cannot withdraw from a Contract, the subject matter of which comprises:

The sale of goods made according to the consumer’s specific requirements, custom made goods or goods intended for individual consumer in particular;
The sale of goods enclosed in protective packaging which cannot be returned due to health protection or hygiene, if the protective packaging was damaged after delivery;
The sale of audio records, video records, audio-visual records, books or computer software sold in protective packaging, if the consumer has opened such packaging;
Provision of electronic content otherwise than on a material medium, if the provision started with express consent of the consumer and the consumer declared to have been duly instructed about the fact that by granting the consent, he/she loses the right to withdraw from the Contract;
The sale of goods which was assembled, composed or used following the Contract conclusion and take-over of the goods by the Buyer from the Seller in a way that its restoration by the Seller is not possible without unreasonable effort and increased cost, e. g. composed or assembled furniture, etc.

10.17. Provisions of Art. 10 hereof do not expressly apply to the entities not meeting the definition of the consumer as specified in provision of Art. 2 (a) of the Act.

11. Final provisions

11.1. If the Sales Contract s concluded in writing, any amendment or modification thereof also has to be in writing.

11.2. The Parties agree that any communication between them will be carried out via e-mail messages.

11.3. The relations not regulated herein shall follow the applicable provisions of the Civil Code, Act, Act No. 22/2004 Coll. on electronic commerce and on changes and supplements to the Act No. 128/2002 Coll. on state supervision of inner market in matters of consumer protection and on changes and supplements of other acts as amended by Act No. 284/2002 Coll. as amended and the Act No 102/2014 Coll. on consumer protection in relation to distance sale.

11.4. These Business Terms and Conditions and Complaints Policy shall enter into effect in relation to the Buyer on conclusion of the Sales Contract.

11.5. Before sending the order, the Buyer will be invited to confirm, my checking the box, to have been made familiar with these Business Terms and Conditions and Complaints Policy, to have read them, understood their content and agrees to them in full extent.

12. Alternative Resolution of Disputes

12.1. The Buyer shall be entitled to ask the Seller for remedy if he/she believes that the Seller has violated his/her rights or failed to handle a complaint to his/her satisfaction. Should the Seller fail to reply to the request within 30 days of if the reply is negative, the consumer may submit a proposal for alternative resolution of the dispute to the alternative dispute resolution authority (hereinafter referred to as the “ADR authority”) according to the Act No. 391/2015 Coll. According to Art. 3 Act No. 391/2015 Coll. ADR authorities shall be the bodies and authorised legal entities. The consumer may submit the proposal in a way determined according to Art. 12 Act No. 391/2015 Coll. The request may be also submitted online through the alternative dispute resolution platform, RSO.

Alternative dispute resolution is reserved for the consumers, natural persons, exclusively. It is not intended for the buyers - entrepreneurs. The dispute resolution takes place between the consumer and the seller who concluded a distance sale, the dispute of which is worth more than EUR 20. The maximum fee the ADR may require from the Buyer is EUR 5, to cover the costs.

Form for Withdrawal from a Distance Sales Contract for download. for download.