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Terms and Conditions

I.

Basic provisions

 1. These general Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued in accordance with the provisions of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as "the Civil Code"), Act No. 250/2007 Coll., on Consumer Protection and on Amendments to the Act of the Slovak National Council No.372/1990 Coll. on offences as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Selling Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts (hereinafter referred to as "the Act on Consumer Protection in Distance Selling ")

Mgr. Iveta Burešová Mikletičová 
Company ID No.: 47995521
TAX ID No.: 1048820707
VAT Reg. No.: SK1048820707
with registered office at: Šancová 6, 902 01 Pezinok, Slovak Republic
registered in the Trade Register of the Municipal Authority, file No. 130-23970contactinformation:
email: info@savon.sk
phone number: +421 903 113 671
www.savon.sk
(hereinafter referred to as"Seller")

2. These Terms and Conditions govern mutual rights and obligations between the Sellerand a natural person who enters into a Purchase Contract (hereinafter referred to as the "Buyer") via the web interface located on the website available at www.savon.sk (hereinafter referred to as the "e-shop").

3. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. Any deviating provisions in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the Purchase Contract have been executed in the Slovak language

 

II.

Information on the Goods and Prices

1. Information about the goods, including the prices of the individual goods and their main characteristics is given for each individual good in the catalogue of the e-shop. The prices of the goods are inclusive of value-added tax, all related charges and the cost of returning the goods provided that the nature of the given goods prevents their return by usual postal means. The prices of the goods remain valid for the period of time they are displayed in the e-shop.

2. All presentations of the goods placed in the catalogue of the e-shop are of an informative nature only and the Selleris not obliged to conclude a Purchase Contract in relation to these goods.

3. The e-shop contains information on the costs associated with the packaging and delivery of the goods.

4. Any discounts on the purchase price of the goods cannot be combined with each otherunless the Sellerand the Buyeragree otherwise.

 

III.

Order and Conclusion of the Purchase Contract

1. The costs incurred by the Buyerin connection with the use of the remote communication tools for the purpose of concluding the Purchase Contract (e.g. internet connection costs, telephone call charges) shall be borne by the Buyerthemselves. These costs shall not be different from the basic rates.

2. The Buyerorders the goods in the following ways:

• through their customer account, given that they have previously registered in the e-shop,
• by filling in the order form without registration.

3. When placing an order, the Buyerselects the goods, the number of items, the method of payment and delivery.

4. Before placing an order, the Buyeris allowed to check and change the data they have entered in the order. The Buyershall send the order to the Sellerby clicking on the "Confirm order" button. The information included in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's acknowledgement that they have read these Terms and Conditions.

5. Immediately upon receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation shall be deemed to be the conclusion of the contract.

6. In the event that any of the requirements stated in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer an altered offer to the Buyer's email address.The altered offer shall be deemed to be a new proposal of the Purchase Contract and the Purchase Contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.

7. All orders accepted by the Seller are binding.

8. In the event that there is an obvious technical error on the part of the Seller in the listing of the price of the goods in the e-shop or in the course of ordering, the Seller is not obliged to deliver the goods to the Buyer for such obviously incorrect price, even if an automated confirmation on the order receipt has been sent to the Buyer in accordance with these Terms and Conditions.
The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an altered offer to the Buyer's email address. The altered offer shall be deemed to be a new proposal of the Purchase Contract and the Purchase Contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.

 

IV.

CustomerAccount

1. Based on the Buyer's registration in the e-shop, the Purchaser may access their customer account. The Buyermay order the goods from their customer account. The Buyer may also order goods without registration.

2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow any third parties to use the customer account.

5. The Seller may cancel the user account, in particular, if the Buyer does not use their user account for a longer period of time or if the Buyer breaches their obligations under the Purchase Agreement or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

V.

Payment Terms and Delivery of the Goods

1. The price of the goods and any costs associated with the goods delivery pursuant to the Purchase Contract may be paid by the Buyer in the following ways:
• by means of a wire transfer to the Seller's bank account to IBAN: SK4502000000003848075855 held at VÚB Bank,
• by means of cashless payment with a payment card,
• by means of cash on delivery upon handover of the goods,

2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price shall be payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the Purchase Contract.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.

6. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.

7. According to the Revenue Registration Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he/she is obliged to register the received sales with the tax administrator online, in case of technical failure, then within 24 hours at the latest.

8. The Seller arranges or mediates the following delivery methods:
• by personal collection
• via the dispatch by the transport company GLS
• via the dispatch by the transport company Packeta

9. The goods are delivered to the Buyer:
• to the address specified by the Buyer in the order
• via the dispatch office to the address of the dispatch office designated by the Buyer,
• by personal collectionat the Seller's premises

10. The delivery method is selected in the course of placing the orderon the Checkout tab.

11. The costs associated with the delivery of the goods depending on the method of dispatch and collection of the goods are specified in the Buyer’s order and in the Seller’s order confirmation. If the transport method is agreed upon on the basis of the Buyer’s special requirement, the Buyer shall bear the risk and any additional costs associated with such transport method.

12. If the Seller is obliged under the Purchase Contract to deliver the goods to the destination designated by the Buyer in the order, the Buyer shall be obliged to accept the goods upon their delivery. If the goods must be delivered repeatedly or in any manner other than the method specified in the order due to the reasons on the side of the Buyer, then the Buyer is obliged to pay the costs associated with repeated delivery of the goods or, as the case may be, the costs associated with a different method of delivery.

13. The Seller is obliged to ship the goods within 14 days of receipt of the order unless otherwise agreed with the Buyer.

14. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of any damage to the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

15. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer's email address.

16. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in breach of the Purchase Contract.

 

VI.

Withdrawal from the contract

1. A buyer who has concluded a Purchase Contractoutside his business activity as a consumer has the right to withdraw from the Purchase Contract.

2. If the Purchase Contractis concluded remotely (via an e-shop) or outside the Seller's business premises, and at the same time if the Seller has timely and properly provided the Buyer with information about the right to withdraw from the Purchase Contract, the conditions, time limit and procedure for exercising the right to withdraw from the Purchase Contract, including the withdrawal form (in accordance with the Section 3(1)(h) of the Act on Consumer Protection in Distance Selling) and provided that the legally required facts are met, the buyer has the right to withdraw from the Purchase Contract without giving any reason and without any penalty under the Act on Consumer Protection in Distance Selling.

3. The withdrawal period is 14 days
• from the date of receipt of the goods that were delivered last, if the subject of the Purchase Contractis ordered goods that are delivered separately,
• from the date of receipt of the last part or the last piece, if the subject of the Purchase Contract is several types of goods or the delivery of several parts,
• from the date of receipt of the first goods delivered, if the subjectmatter of the sales contract is goods that are delivered over a specified time period.

4. The Buyer acknowledges that in accordance with the provisions of Section 7 (6) of the Act on Consumer Protection in Distance Selling, the Buyer may not, among other things, withdraw from the contract of sale::
• the provision of a service, if the provision of the service has commenced with the express consent of the consumer and the consumer has declared that he/she has been duly instructed that by expressing such consent he/she loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
• the sale of goods or the provision of services the price of which depends on price movements in the financial market which are beyond the control of the Seller and which may occur during the withdrawal period,
• the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
• the sale of goods subject to rapid deterioration or perishability,
• the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
• the sale of goods which, because of their nature, may be inextricably mixed with other goods after the delivery,
• the sale of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, the delivery of which can take place at the earliest after 30 days and the price of which depends on market price movements beyond the control of the Seller,
• the performance of urgent repairs or maintenance expressly requested by the consumer from the Seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they were concluded during the Seller's visit to the consumer and the consumer did not order those services or goods in advance,
• the sale of sound recordings, visual recordings, phonograms, audio-visual recordings, books or computer software sold in protective packaging if the consumer has unwrapped that packaging,
• the sale of periodicals, except for sales under subscription agreements and sales of books not supplied in protective packaging,
• the provision of accommodation services for purposes other than accommodation, the transport of goods, the hiring of cars, the provision of catering services or the provision of services relating to leisure activities and under which the seller undertakes to provide these services at an agreed time or within an agreed period,
• the provision of electronic content other than on a tangible medium, where the provision of that content has been initiated with the express consent of the consumer and the consumer has declared that they have been duly informed that they lose the right of withdrawal by expressing that consent.

5. In order to comply with the withdrawal period, the Buyer must send any unambiguous statement expressing their will to withdraw from the Purchase Contract within the time limit specified in paragraph 3 of Article VI of these Terms and Conditions.

6. To withdraw from the Purchase Contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the Purchase Contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge the acceptance of the form to the Buyer.

7. The Buyer who has withdrawn from the Purchase Contract is obliged to return the goods to the Seller within 14 days from the withdrawal from the Purchase Contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by post due to their nature.

8. If the Buyer withdraws from the Purchase Contract, the Seller shall return to the Buyer all monies, including delivery costs, received from the Buyer in the same manner without delay, but no later than 14 days after the withdrawal from the Purchase Contract. The Seller shall only reimburse the Buyer in any other way if the Buyer agrees to this and if no further costs are incurred by the Seller.

9. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

10. If the Buyer withdraws from the contract of sale, the Seller is not obliged to return the monies received to the Buyer before the Buyer has handed over the goods to the Seller or has proved that they have shipped the goods to the Seller.

11. The goods must be returned by the Buyer to the Seller undamaged, unworn and free of dirt and, if possible, in the original packaging. The Seller is entitled to unilaterally set off any claim for damages to the goods against the Buyer's claim for a refund of the purchase price.

12. The Seller shall be entitled to withdraw from the Purchase Contractdue to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address provided in the order and shall refund all monies, including delivery costs, received from the Buyer under the contract in the same manner or in the manner specified by the Buyer, as the case may be, within 14 days of the notice of withdrawal from the contract of sale.

  

VII.

Rights from Defective Performance

1. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller is liable to the Buyerthat at the time the Buyer took delivery of the goods:

• the goods have the characteristics agreed upon between the parties and are lacking, if agreed, the goods have the characteristics described by the Seller or the manufacturer or expected by the Buyerin view of the nature of the goods and on the basis of the advertising carried out by them,
• the goods are fit for the purpose which the Sellerstates for their use or for which goods of the same kind are commonly used,
• the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weightand
• the goods comply with the requirements of the legislation.

2. The Seller shall have obligations for defective performance at least to the extent that the manufacturer's obligations for defective performance continue. The Buyer is otherwise entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.

3. If the goods sold, their packaging, the instructions accompanying the goods or the advertisement indicate the period of time for which the goods may be used, in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing quality, the Sellerundertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a specified period of time. If the Buyerhas rightfully accused the Sellerof a defect in the goods, neither the period for exercising rights under the defective performance nor the warranty period shall run for the period during which the Buyercannot use the defective goods.

4. The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply in the case of goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if it results from the nature of the goods. The Buyer is not entitled to the right of defective performance if they knew before taking over the goods that they were defective or if the Buyerthemselves caused the defect.

5. In the event of a defect, the Buyermay submit a claim to the Seller and demand:
• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• a withdrawal from the contract.

6. The Buyerhas the right to withdraw from the contract,
• if the goods have a material defect,
• if they cannot use the item properly due to the recurrence of the defect or defects after repair,
• in the event of a large number of defects in the goods.

7. A material breach of the contract is a breach of contract of which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.

8. In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremovable), the Buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.

9. If the case of a repairable defect after a repair has occurred repeatedly (usually the third claim for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the Buyer has the right to make a claim for a discount on the purchase price, replacement of the goods or withdrawal from the contract.

10. When making a claim, the Buyer is obliged to tell the Sellerwhich right they have chosen. Changing the choice without the Seller's consent is only possible if the Buyer has requested the repair of a defect that turns out to be irremediable. If the Buyer does not choose his right from a material breach of contract in time, theyhave the same rights as in the case of a non-material breach of contract.

11. If repair or replacement of the goods is not possible, the Buyer may demand a full refund of the purchase price upon withdrawal from the contract.

12. If the Seller proves that the Buyer knew of or caused the defect in the goods prior to acceptance, the Seller is not obliged to satisfy the Buyer's claim.

13. The Buyer may not claim the discounted goods for the reason for which the goods are discounted.

14. The Seller is obliged to accept the claim in any establishment where the acceptance of the claim is possible, possibly also in the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.

15. The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the rectification of the defect, must be dealt with immediately, at the latest within 30 days from the date of the complaint, unless the Seller agrees with the Buyer on a longer period of time. Missing this deadline shall be considered a material breach of contract and the buyer shall have the right to withdraw from the Purchase Contract. The moment when the Buyer's expression of intent (exercise of the right from the defective performance) to the Seller shall be deemed to be the moment when the claim is made.

16. The Seller shall inform the Buyer in written form of the outcome of the complaint.

17. The Buyer shall not be entitled to the right of defective performance if the Buyer knew before taking over the item that the item had a defect or if the Buyer caused the defect themselves.

18. In the event of a legitimate claim, the Buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. This right may be asserted by the Buyer with the Seller within one month after the expiry of the warranty period, otherwise, it may not be recognised by the court.

19. The buyer has the choice of the method of complaint.

  

VIII.

Delivery

1. The Parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.

 

IX.

PersonalData

1. Any information you provide when working with us is confidential and will be treated as such. Unless you give us your written consent, we will not use information about you in any way other than for the purpose of performing under the contract.

2. For more detailed information on data protection, please refer to the Privacy Policy HERE.

 

X.

Out-of-court dispute resolution

1. The Slovak Trade Inspection is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract, with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.

2. The European Consumer Centre Slovakia, with registered office at Mlynské Nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and supplementing Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the framework of its competence by the competent trade office. The Slovak Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act and the Act on Consumer Protection in Distance Selling within the defined area.

 

XI.

Final Provisions

1. All agreements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the contract of sale contains an international element, then the parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.

2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 3(1)(n) of the Act on Consumer Protection in Distance Selling.

3. All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the Seller's permission.

4. The Seller shall not be liable for errors resulting from third-party interference with the e-shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the e-shop that could have a negative impact on its operation and shall not carry out any activity that could allow them or third parties to interfere with or make unauthorised use of the software or other components forming the e-shop and to use the e-shop or its parts or software in a way that would be contrary to its purpose or intended use.

5. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

6. The Seller may change or amend the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

6. A model withdrawal form is attached to the Terms and Conditions.

These Terms and Conditions come into force as of 01.03.2023.

Annexno. 1
Model Withdrawal Form