I.
Basic Provisions
1. These general terms and conditions of business (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and on the Amendment of the Act of the Slovak National Council No. 372/1990 Coll. on Offenses, 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 by Distance Contract or Contract Concluded Outside the Seller's Premises and on the Amendment and Supplementation of Certain Acts (hereinafter referred to as the "Distance Selling Consumer Protection Act").
ROKOSAN s.r.o.
Company ID: 36 191 116
VAT ID: SK 2020030430
Tax ID: 2020030430
with registered office at: Kollárova 446, 078 01, Sečovce, Slovak Republic
registered in the Commercial Register of the District Court Košice I, section sro, insert no. 10957/V
Contact details:
email info@rokosan.com
phone +421 56 6784780
web www.rokosan.com
(hereinafter referred to as the "seller")
2. These terms and conditions regulate the mutual rights and obligations between the seller and the natural person who concludes a purchase contract (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address www.rokosan.com (hereinafter referred to as the "online store").
3. The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in Slovak and English languages.
II.
Information about Goods and Prices
1. Information about the goods, including the prices of individual goods and their main characteristics, are stated for each item in the online store catalog. Prices of goods are stated including value added tax, all related fees, and costs of returning the goods if the goods cannot be returned by mail due to their nature. Prices remain valid for as long as they are displayed in the online store.
2. The online store publishes information about costs related to packaging and delivery of goods within the Slovak Republic and abroad, which are calculated based on individual orders.
3. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.
III.
Order and Conclusion of Purchase Contract
1. Costs incurred by the buyer when using remote communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the buyer. These costs do not differ from the basic rate.
2. The buyer places an order for goods in the following ways:
- through their customer account, after prior registration in the online store,
- by filling out the order form without registration.
3. When placing an order, the buyer selects the goods, the quantity, the payment method, and the delivery method.
4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking the "Order" button with the obligation to pay. The data provided in the order are considered correct by the seller. The condition for the validity of the order is filling in all mandatory data in the order form and the buyer's confirmation that they have acquainted themselves with these terms and conditions.
5. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is considered the conclusion of the contract.
6. If the seller cannot fulfill any of the requirements stated in the order, the seller sends the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase contract, and the contract is concluded upon the buyer's confirmation of acceptance of this offer to the seller's email address stated in these terms and conditions.
7. All orders received by the seller are binding. The buyer may cancel the order until the notification of acceptance of the order by the seller is delivered to the buyer. The buyer may cancel the order by phone at the phone number or email of the seller stated in these terms and conditions.
8. In case of an obvious technical error on the part of the seller regarding the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has received an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase contract, and the contract is concluded upon the buyer's confirmation of acceptance to the seller's email address.
IV.
Customer Account
1. Based on the buyer's registration made in the online store, the buyer may access their customer account. From their customer account, the buyer can place orders. The buyer may also order goods without registration.
2. When registering for the customer account and ordering goods, the buyer is obliged to provide correct and truthful data. The buyer is obliged to update the data in the user account whenever changes occur. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to keep confidential 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 authorized to allow third parties to use the customer account.
5. The seller may cancel the user account, especially if the buyer does not use their user account for a long time or if the buyer breaches their obligations under the purchase contract or these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the seller's hardware and software equipment or third parties' hardware and software equipment.
V.
Payment Terms and Delivery of Goods
1. The buyer may pay the purchase price and any costs related to the delivery of goods under the purchase contract by the following methods:
- cashless transfer to the seller's bank account no. 4123189251/0200, held at Všeobecná úverová banka, a.s.,
- cashless by payment card,
- cashless transfer to the seller's account via payment gateway,
- cash on delivery upon receipt of goods,
- in cash or by payment card upon personal collection at the premises.
2. Along with the purchase price, the buyer is obliged to pay the seller the costs related to packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated, the purchase price also includes the costs related to the delivery of the goods.
3. In case of payment in cash, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within three days from the conclusion of the purchase contract.
4. In case of payment via payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider.
5. In case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the seller's bank account.
6. The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price before dispatching the goods is not an advance.
7. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales with the tax administrator online, or in case of technical failure, no later than within 48 hours.
8. The goods are delivered to the buyer:
- to the address specified by the buyer in the order,
- by personal collection at the seller's premises.
9. The choice of delivery method is made during the ordering process.
10. Delivery costs depending on the method of dispatch and receipt of goods are stated in the buyer's order and in the order confirmation by the seller. If the courier delivery method is selected, the goods will be delivered to the buyer via DPD company. The courier delivery fee is 3.50 EURO within Slovakia, 8 EURO for transport to Hungary, Czech Republic, or Poland. The estimated delivery time by courier is 1-3 working days from dispatch. If the delivery method is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this delivery method.
11. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If it is necessary to deliver the goods repeatedly or by a different method than stated in the order due to reasons on the buyer's side, the buyer is obliged to pay the costs associated with repeated delivery or other delivery methods.
12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately report any defects to the carrier. If the packaging shows signs of unauthorized opening, the buyer may refuse to accept the shipment from the carrier.
13. The seller issues a tax document - invoice - to the buyer. The tax document is sent to the buyer's email address.
14. The buyer acquires ownership rights to the goods by paying the full purchase price including delivery costs, but at the earliest upon receipt of the goods. Responsibility for accidental loss, damage, or destruction of the goods passes to the buyer upon receipt or at the moment the buyer should have accepted the goods but failed to do so in breach of the purchase contract.
VI.
Withdrawal from the Contract
1. The buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.
2. If the purchase contract is concluded at a distance (via the online store) or outside the seller's premises, and the seller has timely and properly provided the buyer with information about the right to withdraw from the contract, conditions, deadlines, and procedures for exercising the right of withdrawal including the withdrawal form (in accordance with § 3 para. 1 letter h) of the Distance Selling Consumer Protection Act), and all legally required facts are met, the buyer has the right under the Distance Selling Consumer Protection Act to withdraw from the purchase contract without giving any reason and without any penalty.
3. The withdrawal period is 14 days
- from the moment of receipt of the last delivered goods if the purchase contract concerns goods delivered separately,
- from the moment of receipt of the last part or last piece if the purchase contract concerns several types of goods or deliveries in parts,
- from the moment of receipt of the first delivered goods if the purchase contract concerns goods delivered over a specified period.
4. The buyer acknowledges that pursuant to § 7 para. 6 of the Distance Selling Consumer Protection Act, the buyer cannot withdraw from the purchase contract in the following cases:
- provision of a service if the provision has begun with the consumer's explicit consent and the consumer declared that they were duly informed that by giving this consent they lose the right to withdraw after full provision of the service, and if the service has been fully provided,
- sale of goods or provision of services whose price depends on fluctuations in financial market prices beyond the seller's control and which may occur during the withdrawal period,
- sale of goods made according to the consumer's special requirements, custom-made goods, or goods intended specifically for one consumer,
- sale of goods subject to rapid deterioration or expiration,
- sale of goods sealed in a protective package which cannot be returned for health protection or hygiene reasons and whose protective packaging was broken after delivery,
- sale of goods which by their nature can be inseparably mixed with other goods after delivery.
5. To meet the withdrawal deadline, the buyer must send any unequivocal statement expressing their intention to withdraw from the purchase contract within the period specified in para. 3 of Article VI of these terms and conditions.
6. For withdrawal from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The withdrawal must be sent to the seller's email or postal address stated in these terms and conditions. The seller will promptly confirm receipt of the form to the buyer.
7. The buyer who withdrew from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal. The buyer bears the costs of returning the goods, even if the goods cannot be returned by mail due to their nature.
8. If the buyer withdraws from the purchase contract, the seller shall promptly, but no later than within 14 days of withdrawal, return all funds received including delivery costs by the same means of payment. The seller will return the funds by other means only if the buyer agrees and if no additional costs arise.
9. If the buyer chose a delivery method other than the cheapest offered by the seller, the seller will refund the delivery costs corresponding to the cheapest offered delivery method.
10. The seller is not obliged to refund the funds before the buyer returns the goods or proves that the goods have been sent.
11. The goods must be returned undamaged, unused, and unsoiled, preferably in the original packaging. The seller may offset any damage claims against the buyer's claim for a refund.
12. The seller may withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has ceased production or import. The seller will promptly inform the buyer by email and return all funds including delivery costs within 14 days of notification.
VII.
Complaint Procedure - Rights from Defective Performance
1. The seller guarantees the buyer that the goods are free of defects upon receipt. Specifically, the seller guarantees that at the time of receipt:
- the goods have the properties agreed upon or, if not agreed, the properties described by the seller or manufacturer or expected by the buyer based on advertising,
- the goods are suitable for the purpose stated by the seller or commonly used for goods of the same type,
- the goods correspond in quality or design to the agreed sample or model if quality or design was determined by such sample or model,
- the goods are in the agreed quantity, measure, or weight,
- the goods comply with legal requirements.
2. The seller's obligations for defective performance are at least as extensive as those of the manufacturer. The buyer may exercise rights for defects occurring within 24 months of receipt.
3. If the goods, packaging, instructions, or advertising specify a period of use, warranty provisions apply. Warranty means the seller guarantees the goods will be fit for usual use or retain usual properties for a certain period. If the buyer rightfully complains about a defect, the limitation period and warranty period are suspended for the time the buyer cannot use the defective goods.
4. The warranty period is 24 months.
5. The previous provisions do not apply to goods sold at a lower price due to defects, wear caused by normal use, used goods for defects corresponding to their use or wear at receipt, or if the buyer knew of the defect before receipt or caused it.
6. In case of defects, the buyer may submit a complaint and request:
- replacement with new goods,
- withdrawal from the contract.
7. The buyer may withdraw from the contract if:
- the goods have a substantial defect,
- the buyer cannot properly use the goods due to repeated defects after repair,
- there are multiple defects.
8. A substantial breach is one the breaching party knew or should have known would cause the other party not to conclude the contract.
9. For non-substantial breaches (removable or non-removable defects), the buyer is entitled to repair or a reasonable discount.
10. When filing a complaint, the buyer must specify the chosen remedy. Changes without the seller's consent are allowed only if the buyer requested repair but the defect is irremovable. If the buyer does not choose a remedy for a substantial breach in time, the rights for non-substantial breaches apply.
11. If replacement is not possible, the buyer may request a full refund.
12. If the seller proves the buyer knew of the defect or caused it, the seller is not obliged to satisfy the claim.
13. The buyer cannot complain about discounted goods for the reason of the discount.
14. The seller must accept complaints at any premises where complaints can be accepted, including the registered office or place of business. The seller must issue a written confirmation of complaint receipt, content, requested remedy, and date and manner of complaint resolution.
15. The seller or authorized person decides on the complaint immediately or within three working days in complex cases. The complaint must be resolved without undue delay, no later than 30 days from complaint submission unless agreed otherwise. Failure to meet this deadline is considered a substantial breach and the buyer may withdraw. The complaint is considered submitted when the buyer's will is expressed.
16. The seller informs the buyer in writing about the complaint outcome.
17. The buyer has no rights for defects known before receipt or caused by the buyer.
18. For justified complaints, the buyer may claim reimbursement of reasonable costs related to the complaint within one month after the warranty period; otherwise, the court may deny the claim.
19. The buyer chooses the complaint method.
20. Complaint handling is subject to the valid complaint procedure. By submitting an order, the buyer confirms they have been properly informed about complaint conditions and procedures, including where to file complaints in accordance with § 18 para. 1 of Act No. 250/2007 Coll. on Consumer Protection and amendments.
VIII.
Delivery
1. Contracting parties may deliver all written correspondence mutually via email.
2. The buyer sends correspondence to the seller's email address stated in these terms and conditions. The seller sends correspondence to the buyer's email address stated in their customer account or order.
IX.
Personal Data
1. All information you provide during our cooperation is confidential and will be treated as such. Without your written consent, your data will not be used for purposes other than contract fulfillment, except for the email address to which commercial communications may be sent, as allowed by law unless you refuse. These communications relate only to similar or related goods and can be unsubscribed at any time easily (by letter, email, or link). The email address will be stored for 3 years from the conclusion of the last contract between the parties.
2. More detailed information on personal data protection can be found in the personal data protection policy HERE.
X.
Out-of-Court Dispute Resolution
1. The Slovak Trade Inspection, located at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk, is competent for out-of-court resolution of consumer disputes arising from purchase contracts. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used for disputes between the seller and buyer.
2. The European Consumer Centre Slovakia, located at Mlynské nivy 44/A 827 15, Bratislava 212, Slovak Republic, internet address: http://www.evropskyspotrebitel.sk, is the contact point under Regulation (EU) No 524/2013 of 21 May 2013 on online dispute resolution and complements Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
3. The seller is authorized to sell goods based on a trade license. The respective trade office supervises the trade license within its competence. The Slovak Trade Inspection supervises compliance with the Consumer Protection Act and the Distance Selling Consumer Protection Act within its scope.
XI.
Final Provisions
1. All agreements between the seller and buyer are governed by the legal order of the Slovak Republic. If the relationship has an international element, the parties agree that Slovak law applies. This does not affect consumer rights arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct under § 3 para. 1 letter n) of the Distance Selling Consumer Protection Act.
3. The consumer may turn to an alternative dispute resolution body authorized (albeit non-bindingly) to assess disputes between the consumer as buyer and the seller.
4. The supervisory authority is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava.
5. All rights to the seller's websites, especially copyrights to content including layout, photos, videos, graphics, trademarks, logos, and other content and elements belong to the seller. Copying, modifying, or otherwise using the website or parts thereof without the seller's consent is prohibited.
6. The seller is not responsible for errors caused by third-party interference with the online store or misuse contrary to its purpose. The buyer must not use procedures that could negatively affect the operation or perform any activity enabling unauthorized interference or use of software or other components of the online store contrary to its purpose.
7. The purchase contract including terms and conditions is archived electronically by the seller and is not accessible.
8. The seller may change or supplement the terms and conditions. This does not affect rights and obligations arising during the validity of the previous version.
9. An annex to the terms and conditions is the model withdrawal form.
These terms and conditions come into effect on 1.4.2020