General Terms and Conditions
Of the company Priruz s.r.o. when selling products through the online store www.fraela.sk
GENERAL PROVISIONS
1.1 These general terms and conditions (hereinafter referred to as “Terms and Conditions”) govern the rights and obligations of the contractual parties arising from the purchase contract concluded between the Seller, which is the trading company Priruz s.r.o., seat at Ľubovnianska 16, 851 07 Bratislava, Slovak Republic, Identification Number: 52778444, registered in the Commercial Register maintained by the District Court Bratislava I, Section: s.r.o., (hereinafter referred to as the “Seller”) and the Buyer, the subject of which is the purchase and sale of products on the website of the online store of the Seller, website address: www.fraela.sk
1.2 The Buyer is the consumer or the entrepreneur.
A consumer is a natural person who, at the time of concluding and fulfilling the consumer contract, does not act within the scope of their business activity or other entrepreneurial activity.
Legal relations between the Seller and the consumer not explicitly regulated by these Terms and Conditions are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code, Act no. 250/2007 Coll. on consumer protection as amended and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance or off-premises contract as amended for the sale of goods to the consumer, or by the provisions of the Commercial Code in the case of sale of goods to an entrepreneur. The Terms and Conditions may be modified and amended by the Seller, but this does not affect the rights and obligations arising during the validity of the previous versions of the Terms and Conditions.
The entrepreneur is:
– a person registered in the Commercial Register
– a person that conducts business on a basis of a trade license
– a person that conducts business on a basis of a license other than a trade license under special regulations,
– a person that carries out agricultural production and is registered according to a special regulation.The entrepreneur is also, in the Terms and Conditions, understood to be a person who acts following the previous statement within the scope of their business activity. In the case where the Buyer states their identification number in the order form, the Buyer acknowledges that the rules stated in the business terms and conditions for entrepreneurs shall apply.
Legal relations between the Seller and the Buyer, who is an entrepreneur, not explicitly regulated by these Terms and Conditions nor the contract concluded between the Seller and the Buyer is governed by the relevant provisions of Act no. 513/1991 Coll. Civil Code as amended, and the related provisions. In the event of any discrepancies between the Terms and Conditions and the respective contract, the contract shall prevail.
By submitting an order, the Buyer confirms that he has read these Terms and Conditions, an integral part of which is the Return of Goods and Warranty Claims Policy, and that the Buyer agrees to the terms of the ordered service and/or the license authorization provided as amended at the time of submitting the order.
The Buyer is aware that purchasing the products that are a part of the business offer of the Seller does not give him any right to use trademarks, trade names, business logos, or patents of the Seller or other companies, unless otherwise specifically agreed in a separate contract.
The Buyer shall receive the invoice containing the basic data of the contract including the receipt according to Act no. 289/2008 on the use of electronic cash registers, and a tax receipt to the e-mail address provided in the order form.
Contact Information of the Seller:
– Postal Address: Priruz s.r.o., Lubovnianska 16, 851 07 Bratislava
– Bank Account Number for Cashless Payments: SK97 0900 0000 0051 6725 6254
– Telephone Number: +421 949 490 994
– E-mail Address: info@fraela.skSupervisory Authority: Slovak Trade Inspection (SOI), The Inspectorate of the Slovak Trade Inspection with the seat in Bratislava for the region of Bratislava, Department of Consumer Protection, telephone number: +421 (0)2/58 27 21 72
1.3 The contracting parties agree that by submitting an order to the Seller, the Buyer confirms that he agrees that these General Terms and Conditions and their arrangements and provisions shall apply to any order placed through the online store operated by the Seller, based on which the Seller delivers the required goods presented on the website in question to the Buyer, and all relations between the Seller and the Buyer arising in particular from the conclusion of the purchase contract (acceptance of the order by the Seller) and claiming the goods.
1.4 The Terms and Conditions are an integral part of the purchase contract. In the case where the Buyer and the Seller enter into a written purchase contract in which the Buyer agrees to conditions that are different from the Terms and Conditions, the provisions of the purchase contract shall prevail over the Terms and Conditions.
1.5 The list of goods on the website of the online store operated by the Seller is a catalog of all commonly sold goods and the Seller does not guarantee immediate availability of all listed goods. The online store www.fraela.sk sells handmade natural cosmetics. The products are manufactured in Slovakia within production premises approved by the Regional Office of Public Health. Each product has passed several tests, the results of which are summarized in the safety assessment of the cosmetic product. All products are also notified in the Cosmetic Products Notification Portal (CPNP).
ORDERING OF GOODS AND CONCLUSION OF PURCHASE CONTRACT
2.1 In the case where the Buyer is a consumer, the proposal for concluding a purchase contract is the placement of the offered goods on the website by the Seller, the purchase contract is created by submitting the order to the Buyer and acceptance of the order by the Seller. The purchase contract is concluded by the binding acceptance of the proposal for the conclusion of the purchase contract of the Buyer by the Seller in form of an email message sent to the Seller by the Buyer (hereinafter referred to as the "Order"). In case the Buyer is an entrepreneur, the proposal for concluding a purchase contract is an order sent by the Buyer to the Seller and the purchase contract is concluded from the moment the Buyer receives a binding acceptance of the order. If the Buyer is an entrepreneur, the proposal for concluding a purchase contract is an order sent by the Buyer to the Seller and the purchase contract is concluded from the moment the Buyer receives a binding acceptance of the order from the Seller. To conclude a purchase contract, it is necessary to state the Business Name, Identification Number, Tax ID/ VAT Registration Number, and invoicing address in the instance it is different from the delivery address. The Seller shall not bear responsibility for potential errors that occurred during data transmission.
2.2 The binding acceptance of the order of the Buyer is an e-mail order confirmation from the Seller, after a previous receipt of the order by the Seller and verification of availability and the delivery date of the goods, titled “Order Confirmation”.
2.3 The binding acceptance of the order contains information on the name and specification of the goods subject to the purchase contract, information on the price of the goods, information on delivery times, name and address of delivery, and information on price, conditions, means, and date of delivery of goods to the delivery address specified by the Buyer, identification data of the Seller (business name, seat, Identification number or other data).
2.4 The Buyer is entitled to cancel the order within 24 hours of its creation via an e-mail or telephone notification to the Seller. In the cancellation notification, the Buyer is obligated to list their name, e-mail address, and description of the ordered goods. In the event of cancellation of the order, the Seller considers the order as if it had never been created. There are no sanctions related to the cancellation of the order before its distribution.
2.5 The Buyer agrees to use means of communication at distance to conclude the contract and fulfill the obligations resulting from the contract. The costs incurred by the Buyer when using the means of communication at distance and related to the purchase contract (internet connection and phone call fees) are borne by the Buyer.
2.6 The purchase contract is archived by the Seller for proper fulfillment and shall not be accessible to third parties unless specifically stated otherwise in these Terms and Conditions. The purchase contract is concluded in the Slovak language.
RIGHTS AND OBLIGATIONS OF THE SELLER
3.1 The obligations of the Seller include: based on a confirmed order, delivering the goods to the Buyer in the agreed quantity and quality and within the agreed delivery time. The Seller is obligated to package or ensure the packaging of the ordered goods for transport in a manner necessary for their preservation and protection and to ensure that the delivered goods meet the criteria of the relevant effective legislation of the Slovak Republic. Along with the goods, the Seller must submit, in written or electronic form, all the documents necessary for accepting and using the goods and other documents prescribed by the applicable law (instructions in Slovak language, warranty card, delivery note, tax document).
3.2 The Seller shall provide to the contracted delivery service (if the goods are being delivered by a contracted delivery service) all necessary personal data of the Buyer. The purpose of providing the personal data to the carrier is delivery of the ordered goods (name/company name, address, telephone number).
3.3 The rights of the Seller include proper and timely payment of the purchase price by the Buyer for the goods delivered.
3.4 The Seller reserves the right to cancel the order if, due to lack of stock or unavailability of the goods, the Seller is unable to deliver the goods within the agreed delivery time set out in the Terms and Conditions or at the price listed in the online store, unless otherwise agreed with the Buyer. The Buyer shall be informed about the cancellation of the order via telephone or email and in the event of a previous transfer of the payment or its part, the funds shall be returned within 15 days to the bank account provided by the Buyer, unless otherwise agreed between the Seller and the Buyer.
RIGHTS AND OBLIGATIONS OF THE BUYER
4.1 The obligations of the Buyer include: payment of the agreed purchase price including the cost of delivery within the agreed timeframe and acceptance of the purchased or ordered goods at the place of delivery agreed in advance. The Buyer is obligated to confirm the receipt of goods with their signature on the delivery note or the signature of an authorized person and a stamp, if available. Other obligations of the Buyer include not damaging the good reputation of the Seller.
4.2 The Buyer has the right to delivery of the goods in the quantity, quality, delivery time, and place of delivery agreed between the contracting parties in the binding acceptance of the order.
DELIVERY AND PAYMENT TERMS
5.1 The list of goods sold in the online store is a catalog. The products sold in the online store are Slovak, handmade, natural cosmetic products. All products passed several tests and are notified in the Cosmetic Products Notification Portal (CPNP).
5.2 The Seller shall provide the delivery of the goods subject to the electronic order without delay after receipt of the electronic order form. The delivery time is 15 days after the submission of the order. By default, the goods are shipped within 3 working days and if the goods are not available in stock or the production of the ordered goods or other circumstances so require, the Buyer agrees to an extension of the delivery time. In the case where the Seller is unable to deliver all the ordered goods to the Buyer within the agreed delivery time, the Seller shall notify the Buyer of this fact without delay and notify the Buyer of the expected delivery date of the ordered goods or propose the delivery of replacement goods.
5.3 Unless the contracting parties agree otherwise, the place of delivery of the goods is the address indicated in the acceptance of the order. The Buyer is obligated to accept the goods at the place of delivery indicated in the acceptance of the order.
5.4 The Buyer shall receive a proof of receipt of the goods, which is also a proof of payment for the goods (in the case of cash on delivery (COD) payment). The proof of receipt of the goods is also a hard copy of the order form. No later than 14 days from the delivery of the goods, a tax document with a calculation of the purchase price and VAT shall be sent to the email address of the Buyer. The Buyer will receive the invoice for the goods ordered to the email address specified in the order.
5.5 If the Seller delivers the goods to the Buyer at the place of delivery specified in the purchase contract by the Buyer, the Buyer is obligated to accept the goods in person or authorize another person to accept the goods subject to the purchase contract and sign the delivery note in the absence of the Buyer. If the Buyer does not pay for or accept the ordered goods (i.e., the shipment is returned as undelivered through no fault of the Seller, e.g., if the contract carrier did not find the address, did not notify the Buyer of the shipment, the buyer inadvertently or intentionally did not accept the shipment, etc.), (except for damaged goods - Section 5.6. of the Terms and Conditions), the Seller reserves the right to demand compensation for damage caused by a breach of an obligation to which a contractual penalty applies. The contractual penalty is then set in the amount of the delivery cost at the minimum. The Buyer who failed to accept the order shall be sent an email with a request for information as to why the order was not accepted. Subsequently, the Buyer has 7 days from the date this message was sent to respond to this request. If the Buyer requests a re-dispatch of such returned shipment, the Seller shall add a second shipping and handling fee to the total price of the shipment following the valid price list. Re-dispatch of such a returned shipment is possible strictly based on an advance payment. If the Buyer does not respond to the request of the Seller within the specified time, the order shall be canceled by the Seller.
5.6 Immediately upon delivery of the goods, the Buyer is obligated to inspect the shipment, i.e., check its shape and packaging, in the presence of the carrier. If the packaging or goods are mechanically damaged, the Buyer is obligated to immediately notify the carrier and make a record of the scope and nature of the damage to the goods, the accuracy of which is confirmed by the carrier. Based on the record of damage delivered to the Seller, the Seller shall be able to subsequently eliminate the defect of the goods, provide a discount on the goods, or in the case of irreparably defective goods, deliver new goods to the Buyer.
5.7 The Buyer has the option to pay for the ordered goods: upon receipt of the ordered goods- cash on delivery (COD), in advance via bank transfer, or the payment gateway- PayPal, or the payment gateway Stripe.
PURCHASE PRICE
6.1 The Buyer is obligated to pay the agreed purchase price for the goods, as well as the cost of delivery to the Seller. The Buyer can select one of the available payment methods to pay the purchase price of the ordered goods. The purchase price can be paid upon the receipt of goods – cash on delivery (COD) – in cash to the company handling the delivery of the goods; via cashless transfer to the bank account of the Seller listed in the binding acceptance of the order, or via a payment gateway – PayPal or payment gateway Stripe.
6.2 The purchase price of the goods is determined based on the valid price list and is valid as listed in the confirmation email to the Buyer. The Seller reserves the right to change the purchase price in the event of a change in legal regulations. In case of discounted (promotional) prices of goods, the discounted products are marked (e.g.: “special offer”, or “sale”). The validity of the discounted price applies until the stock is sold out or for the duration specified for the discounted price.
6.3 The purchase price for the agreed goods must be paid by the Buyer within the time limit according to the purchase contract, but no later than upon receipt of the goods. If the Buyer decides to pay the purchase price via cashless payment, the date of payment shall be the date when the purchase price is credited to the bank account of the Seller.
6.4 According to the valid legal regulations of the Slovak Republic, the Buyer has the right to withdraw from the purchase contract after completing the payment and demand a refund. The Buyer has the right to withdraw from the contract without giving a reason within 14 days from the receipt of the goods.
6.5 The Seller has the right to withdraw from the contract if the Buyer does not pay the Seller the agreed purchase contract upon the receipt of the goods at the latest.
6.6 If the Buyer is currently located or lives abroad, the Seller arranges the payment and delivery terms with the customer on an individual basis. Upon delivery of the order to the Czech Republic, the customer pays the purchase price for the goods, and the cost of delivery by carrier in CZK according to the current exchange rate of the National Bank of Slovakia (www.nbs.sk).www.nbs.sk).
6.7 Unless stated otherwise, all special offers and discounts are valid until the stock is sold out.
ACQUISITION OF THE RIGHT OF OWNERSHIP AND TRANSFER OF RISK
7.1 The right of ownership of goods is acquired by the Buyer upon full payment of the agreed purchase price for the goods.
7.2 The risk of damage to the goods is transferred to the Buyer upon receipt of the goods from the Seller, or if the Buyer does not do so in time, the risk is transferred to the Buyer at the point the Seller enables the Buyer to handle the goods, and the Buyer does not accept the goods.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
8.1 Withdrawal from the contract by the Buyer that is a consumer:
According to the provisions of §7 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance or off-premises contract and amendment and supplementation of certain acts, the Buyer has the right to withdraw from a contract without giving a reason within 14 calendar days from the date of receipt of the goods or the conclusion of the contract for the provision of a service, while a letter of withdrawal from the contract must be sent to the Seller within the specified period.
The goods shall be returned by the Buyer in full and no later than 14 days from the date of withdrawal from the contract with complete documentation, clean, if possible, including the original packaging, in the condition and value in which the goods were received. In case of withdrawal from the contract within 14 days, by the Buyer that is a consumer, the Buyer must deliver the withdrawal from the contract to the Seller via e-mail or notify the Seller by phone. If the Buyer decides to withdraw from the contract within the specified period, for an acceleration of the process, we recommend that the goods be delivered to the address of the Seller with an attached cover letter and potentially the reason for withdrawal from the purchase contract (not mandatory) with the invoice number, bank account number and a specification on whether the amount will be paid in cash or used for the next purchase. If all the conditions are met, the Buyer is entitled to a refund of the paid financial amount associated with the returned goods, which shall be returned to the Buyer no later than 14 days after the withdrawal from the contract. If the bank account number is not provided, the amount shall automatically be ready within the same period to be used for another purchase or shall be ready to be collected in cash upon presentation of the original credit note that is sent to the Buyer without undue delay after the withdrawal from the purchase contract is processed.
8.2 The Seller has the right to withdraw from the purchase contract if the stock is sold out, the goods are unavailable, or if the manufacturer, importer, or supplier of the goods agreed in the purchase contract has stopped the production or made such serious changes that made it impossible for the Seller to fulfill the obligations arising from the purchase contract or for reasons of force majeure or if, even after making all the efforts that can be fairly required, the Seller is unable to deliver the goods to the Buyer within the period determined by these Terms and Conditions or at the price listed in the online store. The Seller is obligated to immediately inform the Buyer of this fact and to refund to the Buyer the already paid deposit or payment (if completed) for the goods agreed in the purchase contract within 15 days from the notification of withdrawal from the contract via bank transfer to the bank account specified by the Buyer, or via other means upon agreement.
8.3 By submitting an order to the Seller, the Buyer confirms that the Seller properly fulfilled their information obligation in a timely and proper manner according to the provisions of §3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance or off-premises contract and amendment and supplementation of certain acts.
8.4 The Buyer must withdraw from the contract in writing in form of a completed form, the wording of which shall be delivered by the Seller to the Buyer at order submission.
8.5 Withdrawal from the purchase contract according to the preceding point of these General Terms and Conditions must contain the identification of the Buyer, the number and date of the order, the exact specification of the goods, how the Seller shall return the payment already received: especially the bank account number and/or the postal address. When withdrawing from the contract, the Seller is obligated to deliver the goods and accessories including documentation, instructions, warranty card, proof of payment, etc., in the original packaging.
8.6 If the Buyer withdraws from the contract within 14 days of receiving the goods and delivers the goods to the Seller that are in their original packaging and are not damaged or incomplete, the Seller shall return to the Buyer the already paid purchase price for the goods specified in the binding acceptance of the order within 14 days from the delivery of the withdrawal from the purchase contract and the delivery of the goods to the Seller via cashless wire transfer to the bank account specified by the Buyer.
8.7 If the Buyer withdraws from the contract and the goods the Buyer delivers to the Seller are used, damaged, or incomplete, the Seller shall return to the Buyer the already paid purchase price for the good stated in the binding acceptance of the order, and the amount shall be reduced according to § 457 Coll. Civil Code by the value of repairing or restoring the goods to their original condition and the amount shall be paid within 15 days following the delivery of the goods to the Seller via cashless wire transfer to the bank account specified by the Buyer.
8.8 In the event of a valid withdrawal from the contract, the Seller shall return the purchase price to the Buyer including the costs incurred by the Buyer concerning ordering the goods provided the Buyer submits to the Seller written documents on the costs incurred by the Buyer in relation with ordering the goods. The costs of returning the goods are not borne by the Buyer only if the goods do not fully meet the quality requirements and are defective. The goods fully meeting the quality requirements are those with identical or similar characteristics as listed in the offer in the online store of the Seller.
8.9 If the Buyer fails to fulfill any of the obligations specified in points 8.4 and 8.5 of these General Terms and Conditions, the withdrawal from the purchase contract is not valid and effective and the Seller is not obligated to return the purchase price to the Buyer and is also entitled to reimbursement of the costs associated with sending the goods back to the Buyer.
LIABILITY FOR DEFECTS, WARRANTY, AND CLAIMS
9.1 Liability for defects, warranty conditions, and method of handling complaints are governed by the Return of Goods and Warranty Claims Policy and the valid legal regulations of the Slovak Republic.
FINAL PROVISIONS
10.1 The Seller reserves the right to modify these General Terms and Conditions. The obligation of written notification of any changes to these Terms and Conditions is fulfilled by placing the General Terms and Conditions on the website of the online store of the Seller.
10.2. If the purchase contract is concluded in a written form, any changes to it must be recorded in a written form.
10.3 In the event of doubt, the contracting parties agree that the purchase contract is governed by the Slovak legal system.
10.4 The contracting parties agree that the mutual communication shall preferably be carried out in form of email messages.
10.5 In the event of a possible dispute between the contracting parties, the dispute is desired to be resolved through the system of alternative dispute resolution according to Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes. A possible solution platform: www.economy.gov.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s.
10.6 The following legal regulations apply to relationships not regulated by these General and Conditions: the relevant provisions of the Civil Code; Act no. 22/2004 Coll. on the electronic commerce and amendment and supplementation of Act no. 128/2002 Coll. on state control on internal market consumer protection matters and on amendment and supplementation of certain acts as amended in Act no. 284/2002 Coll. as amended and Act no. 102/2014 on consumer protection in the sale of goods or provision of services based on a distance or off-premises contract and amendment and supplementation of certain acts.
10.7 These General Terms and Conditions become effective towards the Buyer upon the conclusion of the purchase contract, especially by electronic confirmation as part of the acceptance of the electronic order.
10.8 By submitting the order, the Buyer confirms that he has read these General Terms and Conditions and agrees with them in their entirety.