Terms and conditions
2.The Purchase Contract concluded between the Seller and the Buyer is concluded in accordance with the law of the Slovak Republic. Legal relations arising between the Seller and the Buyer shall be governed exclusively by the laws of the Slovak Republic. If the contracting party is a consumer within the meaning of Section 52(4) of Act No. 40/1964 Coll., the Civil Code, as amended (“Civil Code”), contractual relations that are not governed by the terms and conditions shall be governed by the Civil Code, Act No. 250/2007 Coll. No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller’s business premises (“Act on Consumer Protection in Distance Contracts”). If the contracting party is an entrepreneur, contractual relations not governed by the terms and conditions shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended (the “Commercial Code”).
Definitions
1.The Seller and also the operator of the internet shop (e-shop) cotte-care.com is CELLTEX s.r.o., with its registered office at Mokráň záhon 2, 821 04 Bratislava, ID No.: 31327052, registered in the Commercial Register kept by the District Court Bratislava I., Section Sro., Insert No. 1269/B. The address of the Seller’s establishment at which the Buyer may lodge a claim or a complaint is as follows: Celltex s. r. o. Rožňavská baňa 243, 048 01 Rožňava.
2.The Buyer is a customer of the online shop www.cotte-care.sk
3.A consumer is a buyer – a natural person who, when concluding and performing a contract, does not act within the scope of his/her trade or other business activity, purchases products for personal use or for the use of members of his/her household, and the goods do not serve him/her for the performance of his/her employment, profession or business.
4.An entrepreneur is a buyer who purchases products for the purpose of his business with those products. The entrepreneur is governed by these terms and conditions to the extent that they apply to him and by the Commercial Code.
Purchase contract
1.The Buyer’s order shall be deemed to be a proposal for a Purchase Contract and the Purchase Contract itself shall be concluded upon receipt of the Seller’s binding acceptance of the proposal for a Purchase Contract in the form of an e-mail sent to the e-mail address provided by the Buyer in the order. Delivery of the Buyer’s order is immediately confirmed by the Seller by e-mail to the Buyer’s e-mail address specified by the Buyer in the order, which does not mean that the Seller has accepted the order and that the Purchase Contract has been concluded.
2.By sending the order, the Buyer confirms that he has read these General Terms and Conditions, including the Complaints Policy, and that he agrees to them. Furthermore, by sending the order, the Buyer acknowledges that the order is linked to the obligation to pay. 3.The Buyer shall be sufficiently notified of these Terms and Conditions and the Complaints Procedure and shall have the opportunity to familiarise himself with them before actually placing the order. The Buyer should not incur costs for the use of means of distance communication in connection with the conclusion of the purchase contract and the Buyer has no objection to their use.
3.The Seller reserves the right not to conclude the Purchase Contract in the following cases:
1.Goods are out of stock – if the goods ordered by the Buyer are no longer in stock, the Seller shall propose an alternative solution in the form of delivery of other goods to the Buyer. If the buyer does not agree to the change of order , the order is automatically cancelled.
2.False order – an order is marked as false if it contains nonsensical data (if it cannot be delivered), the addressee does not know about it (stupid jokes) or does not agree with it (in the case of order verification). In this case, the seller will try to contact the buyer by email or phone to clarify the situation.
3.The goods are no longer manufactured or delivered or the price of the supplier of the goods has changed significantly.
4.Buyer orders more than 10 units of one product- if the buyer is interested in more than 10 units of one product, it is necessary to contact the seller by email in advance and agree on the possibilities and conditions of sale.
5.In case of not concluding the purchase contract, when the buyer has already paid part or the whole amount of the purchase price, this amount will be transferred back to the buyer’s account or address no later than 10 working days from the notification of not concluding the purchase contract.
6.In the event of a change to the order, the changed order shall be binding for both parties 7.at the moment of confirmation of the change by the Seller. The Seller is not obliged to accept the change of order at the moment when he has already handed over the goods according to the original order to an external carrier, or has already modified the goods according to the Buyer’s wishes.
8.At the moment of conclusion of the contract of sale, the contract of sale shall be binding on the parties.
9.The ordered goods will be shipped within all member countries of the European Union.
In the event that the goods are defective upon receipt by the buyer and the defect is remediable, the buyer has the right to have it remedied free of charge, in a timely and proper manner. Instead of remedying the defect, the buyer may require the item to be replaced or, if the defect relates only to a part of the item, the part to be replaced, provided that this does not incur disproportionate costs for the seller in relation to the price of the goods or the seriousness of the defect. The seller may always replace the defective item without the defect instead of removing the defect if this does not cause the buyer serious inconvenience. If the defect is irremediable and prevents the proper use of the item, the buyer has the right to have the item replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defect is not remediable, but if the buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects. If the defect is irremediable and does not prevent the proper use of the item, the buyer is entitled to a reasonable discount on the price of the item.
9. Withdrawal from the contract in mail order
The consumer has the right to withdraw from the contract without stating a reason within 14 calendar days from the date of receipt of the goods within the meaning of § 7 of which the seller hereby informs the consumer in accordance with § 3(1)(h) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises and on Amendments to Certain Acts. Withdrawal from the contract by the consumer shall be made by the consumer using the sample withdrawal form below.
SAMPLE WITHDRAWAL FORM
(fill in and send this form only if you wish to withdraw from the contract)
To whom: CELLTEX s. r. o., Rožňavská baňa 243, 048 01 Rožňava
I/We hereby give notice* that I/We withdraw from the contract for these goods/the contract for the provision of this service:……………………..
Date of ordering/date of receipt*……………………..
Name and surname of the consumer(s)*………………………..
Address of consumer(s)*…………………………..
Signature of consumer(s)*…………………………..
(only if this form is submitted in paper form)
Date*…………………
*Strike out those that do not apply.
The withdrawal period is preserved if the consumer sends a notice of exercise of the right of withdrawal before the withdrawal period expires. However, this statutory entitlement cannot be understood by the consumer as an opportunity to borrow the goods free of charge. If the consumer exercises the right of withdrawal within 14 calendar days of taking delivery of the goods, he must hand over to the seller everything he has received under the contract of sale. If this is no longer well possible (e.g. the goods have been damaged or destroyed in the meantime), the consumer must provide monetary compensation in return for what can no longer be handed over. If the returned goods are only partially damaged, the seller may claim damages against the consumer and set off his claim against the returned purchase price. In such a case, the seller shall only refund to the consumer the purchase price so reduced. If the goods delivered fully comply with the quality requirements and are not defective, the seller may reduce the purchase price to be refunded to the consumer by his actual costs incurred in returning the goods. The consumer shall be liable for any diminution in the value of the goods as a result of handling them in a manner other than that necessary to establish the nature, characteristics and functionality of the goods.
- The consumer may not withdraw from the contract in the case of the delivery of goods which, because of their characteristics, cannot be returned or which are perishable.
1.In the case of foodstuffs or other goods for personal consumption, including pharmaceutical goods, the goods are goods which, if the packaging were to be damaged, could be contaminated and the hygiene of which would be compromised and therefore cannot be withdrawn from the contract.
2.The withdrawal procedure is that the consumer sends an unequivocal statement in writing to the seller’s correspondence address that he is withdrawing from the contract, in which he must provide the seller’s details (see above), the consumer’s details, the order number, the date of purchase and the address or number of his bank account to which payment for the goods will be refunded to him. The consumer must date and sign the withdrawal. Upon withdrawal, the consumer will be refunded all payments made by him in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of the goods to the consumer.
- This does not apply to additional costs if the consumer has chosen a delivery method other than the cheapest normal delivery method we offer. Payments will be refunded to the consumer without undue delay, no later than 14 days from the date we receive the consumer’s notice of withdrawal. Refunds will be made by the same method used by the consumer to pay for the goods, unless the consumer has expressly agreed to a different method of payment. This amount will be refunded without charging any additional fees. At the same time as withdrawing from the contract, the consumer shall send the returned goods to Celltex s.r.o. Rožňavská baňa 243, 048 01 Rožňava, by insured parcel, no later than 14 days from the date of exercising the right of withdrawal from the contract. The time limit is deemed to have been observed if the consumer sends the goods back before the expiry of the 14-day period. Payment for the purchased goods will be refunded to the consumer only upon delivery of the returned goods back to our address or upon presentation of the proof of sending the goods back, whichever is earlier. If the goods delivered fully comply with the quality requirements and are not defective, the cost of returning the goods to the seller shall be borne in full by the consumer. The goods must not show signs of use, be undamaged and complete, including all accessories. The customer is obliged to protect the goods against damage during transport (the use of the original packaging is most appropriate). At the same time, we ask you to return the original tag, barcode and other documents related to the goods (such as warranty card, manuals, copy of the proof of purchase, etc.), without which we are unable to identify the goods and the processing time is prolonged or the goods cannot be put on sale again. In the event that the value of the goods is reduced as a result of handling other than that necessary to test them, the customer shall be liable for such reduction in value and the amount refunded shall be reduced accordingly. In this context, we would like to point out that during the withdrawal period, the goods may not be used in the normal way, but only tried on in a similar way as they might be tried on in a bricks-and-mortar shop (i.e. in the case of clothing, this means trying on the goods to see how they fit the customer, rather than wearing them, washing them, etc., as normal for a period of 14 days). If any of the above conditions are not fulfilled, resulting in no demonstrable delivery of the cancellation within the specified time limit (e.g. only sending the returned goods without expressing the will to cancel or only delivering the written cancellation without returning the goods), the cancellation of the consumer contract will not be accepted and the goods will be returned at the expense of the sender.
- The seller may withdraw from the concluded purchase contract in the following cases:
1.the ordered performance becomes impossible, or the ordered goods are no longer manufactured or available on the market available to the Seller, or are unavailable for a long time due to a fault not attributable to the Seller. If the aforementioned impossibility of performance concerns only a part of the ordered performance, the Seller may cancel only that part of the order.
2.if there is a significant change in the purchase price at which the Buyer purchases the goods from the Supplier, if this change was not known to the Seller at the time the order was confirmed. The Seller must inform the Buyer immediately of the price change and attempt to reach an agreement before cancelling the contract. In the event that no agreement can be reached with the Buyer on the new price, the Seller shall be entitled to withdraw from the Contract.
- If the seller is unable to perform the contract because he cannot deliver the ordered goods, he is obliged to inform the consumer without delay and to refund the price paid for the goods within 15 days, unless the seller and the consumer agree on a replacement performance.
- Payment for the ordered goods can be made in several ways, either by cash on delivery using courier services, or by bank transfer, where the amount must be transferred to the Seller’s account before the goods are dispatched, or by using a credit card payment.
- For purchases over €500, the order must be paid in advance, either by bank transfer or by immediate online payment.
- The dispatch of ordered goods is subject to stock availability, which is visibly indicated for each product on the cotte-care.com website. For most products, dispatch takes place the next working day after the purchase contract is concluded. To this time must be added the shipping time – depending on the chosen shipping method.
- The goods are sent by courier services offered by the seller.
- If there is a price promotion that allows buyers logged in to their customer account to make one purchase at a discount, the seller reserves the right to refuse to grant this discount to the buyer if there is a suspicion of creating multiple customer accounts for the same person for the purpose of illegally obtaining a discount.
Final provisions
1.If any provision of this Agreement is or becomes invalid or ineffective, the remaining provisions of this Agreement, which shall remain in full force and effect, shall not be affected. In this case, the Parties undertake by agreement to replace the invalid/ineffective provision with a new valid/effective provision that best corresponds to the originally intended economic purpose of the invalid/ineffective provision. In the meantime, the corresponding provisions of the generally applicable legislation of the Slovak Republic shall apply.
2.The Seller reserves the right to amend these General Terms and Conditions in the event of a change in any related legislation or in the event of a change in the case law relating to the contractual relationships governed by these General Terms and Conditions.
3.The parties hereby bindly declare that they have duly considered the contract, have read and understood its entire text and that they enter into it voluntarily. They also declare that they are not aware of any facts which could render this contract, which they have concluded, in any way invalid, ineffective against any third party or defeat its purpose as it was solemnly declared at the beginning of this contract.
Pursuant to the Revenue Registration Act, the Seller is obliged to issue a receipt to the Buyer. He is also obliged to register the sales received with the tax authorities online; in the event of a technical failure within 48 hours at the latest.
In order to meet the legal requirements, we also present a notice in Czech language: ‘Podle zákona o evidenci tržeb je prodávající povinen vystavit kupujícímu účtenku. At the same time, the seller is obliged to register the sales received with the tax administrator online; in the event of a technical failure, no later than 48 hours.”
6.These terms and conditions come into force on 15.12.2018
CELLTEX s.r.o., Mokráň záhon 2, 821 04 Bratislava, ID No.: 31327052