Terms & Conditions
Terms and conditions
The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relations between the seller and the buyer are concluded in accordance with the legal order of the Slovak Republic. If the contracting party is the consumer, the legal relations not regulated by these terms and conditions are governed by Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. z. on consumer protection, as amended, by Act no. 108/2000 Coll. z. on consumer protection in domestic and mail order sales, as amended. In the event that the contracting party is an entrepreneur, legal relations not regulated by these terms and conditions are governed by Act no. 513/1991 Coll. The commercial code as amended.
1.1 in these Terms and Conditions:
1.1.1 "e-shop" means a computer program - an internet application that is accessible on the Internet through an internet address jenyberg.sk, the main functionality of which is the display, selection and ordering of goods by the user;
1.1.2 "consumer contract" means a sales contract where the parties to the contract are, on the one hand, the supplier and, on the other hand, the consumer;
1.1.3 "seller" (supplier) a person who, when concluding and performing a consumer contract, acts within the scope of his business or other business activity. It is an entrepreneur who offers or sells products or services to the consumer, and also an entrepreneur who, directly or through other entrepreneurs, delivers a product to the buyer;
1.1.4 "consumer" (buyer) means a person who purchases products or uses services for personal use or for members of his household and who, when concluding and performing a consumer contract, does not act within the scope of his commercial or other business activities;
1.1.5 a buyer who is not a consumer is a person who, when concluding and performing a purchase contract, acts in the course of his commercial or other business activities;
1.1.6 conclusion of the purchase contract-the buyer's order represents a proposal for the conclusion of the purchase contract. The contract of sale itself is concluded at the moment of delivery of the seller's binding consent to the draft purchase agreement to the buyer, i.e.j. binding confirmation of the order by the seller. From this moment, the seller and the buyer have mutual rights and obligations, which are defined by the purchase agreement and these terms and conditions. Terms and conditions are an integral part of the purchase contract;
1.1.7 "shopping cart" means the part of the e-shop that is automatically generated by the activation of the relevant functions by the user in the context of his actions in the user environment of the E-shop, in particular by adding or removing goods, respectively. Services/or by changing the quantity of selected goods, respectively. Services;
1.1.8 "civil code" means Act No. 40/1964 Coll., Civil Code as amended;
1.1.9 "operator" means agrumi S.r.o., established Karpatské námestie 10A
Bratislava-mestská časť Rača 831 06, Slovakia, Reg. No.: 52 840 573, email: firstname.lastname@example.org, Tel. no: +421949645115, contact person: Yevheniia Skala;
1.1.10 "access data" means a unique login and password associated with it, entered by the user into the e-shop database during registration;
1.1.11 "registration" means the electronic registration of the user in the e-shop database by filling in at least the mandatory registration data in the e-shop user interface and access data and their subsequent storage in the e-shop database;
1.1.12 "user" means any legal or natural person who uses the e-shop;
1.1.13 "user account" means the part of the e-shop that is set up for each individual user by registration (i.e.j. is unique for each user) and made available after entering the access data;
1.1.14 "goods" means a thing offered by the operator for sale to the user through the E-shop and, if the goods are offered, also a license to use this thing;
2. Contract award process
2.1 through the e-shop, the operator offers the users the conclusion of a purchase contract. The offer for the conclusion of the purchase contract by the operator is the display of the button marked "continue the order" in the user interface of the e-shop.
2.2 for the unconditional acceptance of the operator's offer to conclude a sales contract pursuant to para. 2.1 of these terms and conditions by the user is considered to click on the button labeled "complete order".
2.3.unconditional acceptance of the offer referred to in paragraph 1 (b); 2.2 of these terms and conditions, a contract of sale is concluded.
2.4 the contract is concluded at the moment when the electronic information about the click on the "complete order" button by the user occurs via the internet to the server where the e-shop is installed.
2.5 the User undertakes to fill in truthful and complete data in the appropriate text fields in the user environment of the e-shop, in particular to fill in truthfully his email address, identification data and possibly delivery address. The user acknowledges that the operator will reasonably consider the data entered by him to be correct and complete and is not obliged or entitled to check the entered data.
2.6 the operator sends the user an e-mail message about the conclusion of the purchase contract, to the e-mail address entered by the user in the appropriate field in the user environment of the e-shop.
3. Contract of sale
3.1 the following provisions become effective upon the conclusion of the purchase contract:
3.1.1 the user buys from the operator the goods that the user has chosen in the user environment of the e-shop by placing them in the shopping cart, in the amount that the user has chosen and / or set for the given goods in the user environment of the e-shop and the User undertakes to pay the operator for the given goods the price that is indicated for such goods in the user environment of the e-shop.
3.1.2 the operator has the right to withdraw from the purchase agreement until the goods are sent to the user, for any reason or without stating a reason. The legal action of the operator consisting in the notification to the user that the ordered goods cannot be delivered is also considered as withdrawal from the purchase contract.
3.1.3 the operator is entitled to ask the user for an additional order confirmation at any time and is entitled to delay sending the goods to the user until he receives the order confirmation from the user.
3.1.4 the way the goods are packaged is determined exclusively by the operator.
3.1.5 the user is obliged to pay the operator the costs associated with the packaging and delivery of the goods to the user in the amount specified for the order in the user environment of the e-shop.
3.1.6 the user has the right to choose from the options displayed to the user in the user environment of the e-shop the method of payment of the purchase price for the goods and, if necessary, other monetary payments to the operator.
3.1.7 if any of the payment methods contains information about the costs of making such a payment, the user is obliged to bear the costs of making this payment, which are indicated in the user environment of the e-shop.
3.1.8 in the case of non-cash payment by bank transfer, the user is obliged to indicate the variable symbol specified by the operator.
3.1.9 in the case of non-cash payment, the user's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the bank account designated by the operator.
3.1.10 the operator has the right to provide the user with a discount on the price of the goods. Discounts on the price of goods can be combined with each other, unless specifically stated otherwise for a particular discount.
3.1.11 the purchase price for the goods does not include any payments, fees or other fees that the user has to spend on services provided by third parties in connection with the payment of the purchase price for the goods; these costs are solely the user's costs.
3.1.12 the operator reserves the right of ownership of the goods that are the subject of the purchase contract until the full payment of the purchase price for the goods by the user.
3.1.13 the operator undertakes to deliver the goods to the user within a reasonable period of time from the conclusion of the purchase contract. All deadlines for delivery of goods specified in the user interface of the e-shop are only indicative.
3.1.14 the operator will always send the user a tax document-an invoice in electronic form, to the user's e-mail address specified in the given order in the user environment of the e-shop.
3.1.15 if a gift is provided to the user by the operator together with the goods, the gift agreement between the user and the operator is concluded with a binding condition that if there is a withdrawal from the purchase agreement, the given gift agreement is cancelled without further delay from the beginning together with the purchase agreement and the user is obliged to return the provided gift together with the purchased goods to the seller.
3.1.16 the operator provides the user with a warranty for the purchased goods, if the warranty period is specified for the goods in the user environment of the e-shop, for the duration of the warranty period, whereby the warranty is valid only for consumers.
3.1.17 the user is entitled to claim the rights from defective performance with the operator at the address of his Registered office and/or operation. The moment of application of the claim is considered to be the moment when the operator receives the claimed goods from the user.
3.1.18 if the user environment of the e-shop indicates that the goods are used, the user buys the goods in the used condition, including the defects of these goods.
3.1.19 the risk of loss, damage and / or destruction of the goods subject to the purchase contract passes to the user, who is the consumer, at the moment of acceptance of the goods by the user.
3.1.20 the risk of loss, damage and / or destruction of the goods subject to the contract passes to the user, who is not the consumer, at the moment of acceptance of the goods by the user.
4. User account
4.1 the user has the right to establish a user account by registering.
4.2 the user is obliged to enter the access data before entering the user account.
4.3 the user identification data entered during registration shall be considered as the data entered during the order of each item made by the user after logging into his / her user account.
4.4 the user may not provide third parties with access data or any other access to the user account. The user is obliged to take all reasonable measures to conceal them. The user is fully responsible for unauthorized use of these access data or user account and for damage caused to the operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the user is obliged to notify this fact without undue delay to the operator. The operator shall provide the user with new access data within a reasonable period of time.
4.5 the operator is entitled to unilaterally change these terms and conditions; the change shall be communicated to the user via the e-shop and / or by e-mail message to the user's e-mail address entered in the e-shop database. The user has the right to refuse changes to the terms and conditions within 5 days from the first login to the user account after notification of the change in the terms and conditions (in the case of delivery via e-shop) or from the delivery of the given email message to the user's mailbox (in the case of delivery via email) and to terminate the obligation for this reason within 5 days ' notice, which the parties agree is sufficient to procure similar services from another supplier.
5. Consumer Information
5.1 the consumer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. If the subject of the purchase contract is several second goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the operator (as the seller) within the period specified in this paragraph.
5.2 if the consumer withdraws from the purchase contract, he is obliged to notify in writing his bank account number for the return of the purchase price for the goods, which can be reduced if legal reasons are met.
5.3 if the consumer withdraws from the purchase contract in respect of goods that he returns to the operator damaged and / or worn out, especially if the original signs of the goods are removed (t.j. labels, badges and the like), the consumer is obliged to reimburse the operator for the costs of bringing the goods to their original state.
5.4 in case of withdrawal of the consumer from the purchase contract, the operator is obliged to return the purchase price to the consumer without undue delay, no later than 14 days from the date when he was informed of the consumer's decision to withdraw from the purchase contract.
5.5 if the consumer has received goods consisting of movable goods on the basis of the purchase contract, he is obliged to send them back to the operator without undue delay, no later than 14 days from the date of withdrawal from the given purchase contract, or to hand them over at the address of the operation or the seat of the operator. The time limit shall be deemed to be maintained even if the moveable goods are sent to the controller no later than the last day of the aforementioned time limit.
5.6 the consumer is responsible to the operator for the reduction in value of the goods as a result of handling them in a manner other than that required to become familiar with the nature and characteristics of the goods in question, including their functionality.
5.7 the operator makes use of the possibility of out-of-court resolution of consumer complaints. In the event of a complaint, consumers can contact the relevant operator's representative free of charge via the following e-mail address email@example.com
6. Сomplaint procedure
6.1 the operator is responsible to the consumer that the goods are free from defects upon receipt. This does not apply if the subject of the contract of sale is goods with defects, which the operator, if they are known to him, or taking into account all the circumstances should be known to him, is obliged to notify the consumer.
6.2 If it contains Goods of a defect, the Consumer has the right to require the delivery of the new Goods free of defects, unless this is due to the nature of the flaw unreasonable, or if was the subject of a contract of sale of the Goods with defects, that the Operator, if he were the defects of the known, or with regard to all the circumstances, should be known, to communicate to the Consumer. Unless the defect affects only the parts of the Goods, the Consumer can request only the exchange of the parts of the goods; if this is not possible, has the right to withdraw from the Purchase contract.
6.3 the consumer has the right to supply new goods or to replace a part of the goods even in the case of a removable defect, unless the goods can be properly used due to the repeated occurrence of the defect after repair or due to a larger number of defects. In this case, the consumer has the right to withdraw from the contract of sale.
6.4 if the consumer does not withdraw from the purchase contract or does not exercise the right to the delivery of new goods without defects, or to the replacement of a part of the goods or to repair the goods, he may request a reasonable discount on the price of the goods. The consumer has the right to a reasonable discount on the price of the goods even if the operator is unable to supply him with new goods without defects, replace part of them or repair the goods, as well as if the operator does not negotiate a remedy within a reasonable time, or if the remedy would cause significant inconvenience to the consumer.
6.5 the right of defective performance does not belong to the consumer if the consumer knew before taking over the goods that the goods have a defect, or if the consumer himself caused the defect.
6.6 the liability of the operator for defects in the goods shall not apply to the wear and tear of the goods caused by their normal use, in the case of goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, in the case of second-hand goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the consumer, or if this is due to the nature of the goods.
6.7 if the goods are guaranteed, the consumer has the right to claim responsibility for defective performance during the warranty period.
6.8 at the request of the consumer, the operator is obliged to provide the consumer with a warranty card. Where the nature of the goods so permits, it shall be sufficient to issue to the consumer, instead of a guarantee letter, a proof of purchase of the goods containing the particulars which the guarantee letter must contain.
6.9 in the event that the consumer exercises his right to correct defects in goods by repairing them, in the case of goods for which an entrepreneur is designated for the purpose of warranty repairs different from the operator whose registered office or place of business is in the same place as in the case of the operator or in a place closer to the consumer, the consumer shall exercise the right to warranty repair with this entrepreneur.
6.10 a claim for goods, including the elimination of defects in the goods, must be settled without undue delay, no later than 30 days from the date of the claim, unless the operator and the consumer agree on a longer period. After the expiry of that period, the consumer shall have the same rights as if it were a material breach of contract.
6.11 the deadline for the settlement of the complaint does not apply if the operator has not received from the consumer all the documents necessary for the settlement of the complaint, until the documents are delivered.
6.12 the operator or the entity designated by him after proper handling of the complaint shall invite the consumer to take over the repaired goods.
6.13 the right to claim rights from defects of goods shall be extinguished in case of improper assembly or improper commissioning of the goods, as well as in case of improper handling, i.e.j. in particular, when using the goods in conditions that do not correspond in their parameters to those specified in the documentation for the goods.
7. Alternative Dispute Resolution
7.1 the customer – the consumer-has the right to contact the operator-seller with a request for rectification by e-mail to firstname.lastname@example.org if he is not satisfied with the manner in which the seller handled his complaint or if he believes that the seller violated his rights. If the seller refuses to answer this request or does not respond to it within 30 days from its dispatch, the consumer has the right to file a petition for the initiation of alternative dispute resolution to the Alternative Dispute Resolution entity (hereinafter referred to as the ADR entity) under law 391/2015 Z. z. ADR entities are authorities and authorized legal entities pursuant to § 3 of Act no. 391/2015 of. z. The proposal may be submitted by the consumer in the manner prescribed by Section 12 of Act no. 391/2015 of. z.
7.2 the consumer can also lodge a complaint through the ODR alternative dispute resolution platform, which is available online at: http://ec.europa.eu/consumers/odr/index_en.htm.
7.3 alternative dispute resolution can only be used by the consumer – a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution concerns only a dispute between the consumer and the seller arising out of or in connection with a consumer contract. Alternative dispute resolution concerns only distance contracts. Alternative dispute resolution shall not cover disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay an alternative dispute resolution fee up to a maximum of EUR 5, including VAT.
8 Personal Data Protection
8.1 when processing personal data, the controller shall comply with regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (the "GDPR") and act no. 18/2018 of. z. on the protection of personal data and on amendments to certain laws.
9 using the e-shop
9.1 the operator hereby grants the user a non-exclusive license to use the e-shop in the manner foreseen by these terms and conditions.
9.2 the operator has the right to change the e-shop, i.e. its technical solution and / or user interface.
9.3 the operator has the right to limit or interrupt the functionality of the e-shop or access to it for the time necessary for the maintenance or repair of the e-shop.
9.4 the user is obliged to comply with the applicable and effective legislation of the Slovak Republic and the European community when using the e-shop. Any damage that would be caused by violation of this obligation of the user to the operator or third parties, the user is obliged to compensate in full.
9.5 in case of violation of these terms and conditions or the purchase agreement or valid and effective legislation, the operator has the right to cancel the user account.
10 Operator's Declarations
10.1 the operator declares that the data records in the e-shop, as an electronic system, are reliable and are carried out systematically and are protected against changes.
10.2 due to a technical error in the e-shop, the purchase price for goods may be displayed, the amount of which does not correspond to the usual price for such goods on the market; in this case, the operator is not obliged to deliver the goods at the displayed purchase price, contacts the user and informs him of the actual purchase price of the goods and the user has the right to decide whether to accept the goods at the actual purchase price and if this does not happen, the purchase contract is canceled from the beginning.
10.3 the user acknowledges that the photos of the goods in the e-shop may be illustrated or may give a distorted impression as a result of their transformation into a display in the user's technical means, therefore the user is obliged to always familiarize himself with the full description of the goods and in case of confusion to contact the operator.
10.4 contact details of the operator for communication with the user are provided in the user interface of the e-shop in the section "contacts".
11. Right of withdrawal from the contract of sale
11.1 the purchaser is entitled to withdraw from the purchase contract without giving any reason in accordance with para. § 7 et seq. Act no. 102/2014 of.z. on consumer protection in distance selling (hereinafter referred to as the "law on consumer protection in distance selling") within 14 days of receipt of the goods, respectively. from the date of conclusion of the contract for the provision of the service or the contract for the provision of electronic content not supplied on a tangible medium, if the seller has timely and duly fulfilled the information obligations under Para. § 3 of the law on consumer protection in distance selling.
11.2 the buyer has the right to unpack and test the goods in a similar manner as is usual when buying in a classic "brick and mortar" store within this period, to the extent necessary to detect defects, properties and functionality of the goods.
11.3 the buyer is obliged to send the goods back or hand them over to the seller or to the person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the goods personally or through a person authorized by him. The period referred to in the first sentence shall be deemed to be maintained if the goods have been handed over for transport no later than the last day of the period.
11.4 withdrawal from the contract is not possible for goods enclosed in protective packaging, which is not suitable to return for health or hygiene reasons and whose protective packaging was broken after delivery.
11.5 if the buyer has already taken over the ordered goods, he is obliged to return them in the original undamaged packaging. In case the buyer returns the ordered goods damaged, partially consumed respectively. in a state that does not correspond to the state in which it was sent by the seller, the seller is entitled to compensate the damage thus incurred, which the seller is obliged to prove, from the amount that was paid by the buyer for the ordered goods.
11.6 at the same time, the buyer is obliged to indicate in the withdrawal of the contract the contact details and the account number to which the amount for the ordered goods sent by the seller is to be paid. The seller is obliged to return to the buyer without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, all payments received from him under the contract or in connection with it. The seller is not obliged to return these payments to the buyer before the goods are delivered to him or until the buyer proves sending the goods back to the seller, unless the seller suggests that he will pick up the goods personally or through a person authorized by him.
11.7 if the buyer withdraws from the purchase agreement, it shall be terminated from the beginning, as well as any supplementary agreement related to the purchase agreement from which the buyer has withdrawn. It is not possible to demand from the buyer any costs or other payments in connection with the cancellation of the supplementary agreement, except for the payment of costs and payments specified in Paragraph 1. § 9 Para. 3, par. § 10 Para. 3 and 5 of the law on consumer protection in distance selling and the price for the service, if the subject of the contract is the provision of the service and there was a full provision of the service.
11.8 the buyer shall bear the costs of returning the goods to the seller or to the person authorized by the seller to receive the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation under § 3 Para. Article 1 (1) (I) the law on consumer protection in distance selling.
11.9 the buyer shall be liable only for the impairment of the value of the goods resulting from such treatment of the goods as is beyond the treatment necessary to determine the characteristics and functionality of the goods. The consumer is not responsible for the reduction of the value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract under § 3 Para. Article 1 (1) (h) the law on consumer protection in distance selling.
11.10 in the event that the buyer withdraws from the contract and delivers the goods to the seller that are used, damaged or incomplete, the buyer undertakes to pay the seller the value by which the value of the Goods has decreased in accordance with paragraph 1. § 457 of the civil code in the actual amount and costs incurred by the seller in connection with the repair of the goods and its restoration to its original condition calculated according to the price list for (after)warranty service of the goods. The buyer is obliged under this clause of the complaint and commercial conditions to pay the seller compensation not exceeding the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
11.11 in accordance with para. § 7 para. 6 of the law on consumer protection in distance selling the buyer can not withdraw from the contract, the subject of which is:
• sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
• sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
• sale of phonograms, Phonograms, Phonograms, books or computer software sold in protective packaging if the consumer has unpacked the packaging,
• provision of electronic content other than on a tangible medium, where the provision of electronic content has been initiated with the explicit consent of the consumer and the consumer has declared that he has been duly informed that, by giving such consent, he loses the right of withdrawal.
• the sale of goods which, at the time after the conclusion of the contract and the receipt of the goods from the seller to the buyer, have been assembled, assembled or used in such a way that its restoration to its original state by the seller is not possible without exerting increased efforts and increased costs, e.g. composite or assembled furniture, etc.
12. Final provisions
12.1 the relevant provisions of the Civil Code, Act no. 22/2004 Coll.z. on electronic commerce and Amending Act no. 128/2002 Coll.z. on state control of the internal market in consumer protection matters and on amendments to certain acts, as amended by Act no. 284/2002 Coll.z. as amended and act no. 102/2014 of.z. on consumer protection in distance selling.
12.2 the supervisory authority is the Slovak trade inspection.
12.3 the consumer has the possibility to apply to the consumer ADR body, which is entitled (even if only on a non-binding basis) to consider any disputes between the consumer as a customer of the e-shop and the operator of the e-shop.
12.4 these terms and conditions of complaint shall become effective against the buyer upon conclusion of the purchase contract.
13. Epplicable law
13.1 these terms and conditions, as well as the purchase agreement, are governed by the law of the Slovak Republic.
14.1 these terms and conditions are effective from 26.08.2021.