- Introductory provisions
- 1.1.1. The online store at www.bukful.com (hereinafter referred to as the “online store”) is operated by the company PSko s. r. o., Firmova 1336/16, 851 10 Bratislava, Slovakia; IČO: 52 419 487, DIČ: 212 102 2607, Registered in the Commercial Register of the Bratislava District Court I, section: Sro, insert number: 137885/B. Delivery address: PSko s. r. o., Firmova 1336/16, 851 10 Bratislava, Slovakia (hereinafter referred to as “operator” or “seller”), bank connection: Slovenská sporiteľňa, a.s., Swift: GIBASKBX, IBAN: SK39 0900 0000 0051 5951 9317.
- 1.2.1. A buyer is any visitor to an online store, regardless of whether they are acting as a consumer or as an entrepreneur (hereinafter referred to as the “buyer”).
- 1.2.2. A consumer is a buyer – a natural person who, when concluding and performing a contract, does not act within the scope of his business or other entrepreneurial activity, employment, or profession (hereinafter referred to as the “consumer”).
- 1.2.3. An entrepreneur is a buyer – a person who is not a consumer. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production, or similar activity in the independent
performance of his profession, or a person who acts in the name or on behalf of the entrepreneur (hereinafter referred to as “entrepreneur”).
1.3. Terms and conditions
- 1.3.1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract concluded between the seller and the buyer through an online store (hereinafter “Purchase Agreement”).
- 1.3.2. The business conditions form an integral part of the purchase contract. Unless otherwise stated in the purchase contract, or its annexes, or the validity of certain provisions of these terms and conditions is not excluded or otherwise modified by the purchase contract, or other explicit agreement between the operator and the buyer, these terms and conditions apply to the mutual relations of the parties.
- 1.3.3. Legal relations between the seller and the consumer not explicitly regulated are governed by the relevant provisions of Act no. 40/1964 Coll. 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, Act 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 premises and amending certain laws (hereinafter referred to as the “Act on Consumer Protection in the Sale of Goods under a Distance Contract”), all in wording of later legislation.
- 1.3.4. The legal relations between the seller and the entrepreneur, which are not explicitly regulated, are governed by the relevant provisions of Act no. 513/1991 Coll. Of the Commercial Code as amended.
2. Concluding a purchase agreement
2.1. Offer of goods
- Offer of goods means selected goods offered through a catalogue on the website of the online store. The offer of goods is of an informative nature and the operator is not obliged to conclude a purchase contract regarding these goods.
- 2.2.1. The buyer can create an order using the form on the website of the online store. When creating an order using the form, the buyer first selects the goods they are interested in. After selecting the required quantity, method of transport (see Article 2.4.1.) And method of payment (see Article 2.5.1.), the buyer confirms his order, thus submitting a binding proposal for the conclusion of a purchase contract between the buyer and the operator.
- 2.2.2. By sending the order, the buyer confirms that they has read these terms and conditions and agrees with them in full and that they was informed that part of the order is the obligation to pay the purchase price.
2.3. Conclusion of the purchase contract
- 2.3.1. The operator undertakes to accept the draft purchase contract of the buyer, unless this draft is in conflict with the terms and conditions and the operator has no specific reason to believe that the buyer will violate the purchase contract. The operator will confirm the receipt of the draft purchase contract by a message to the buyer’s e-mail address.
- 2.3.2. The contractual relationship between the operator and the buyer arises from the delivery of the acceptance of the order (acceptance), which the operator sends to the buyer to the e-mail address provided by the buyer when creating the order.
- 2.3.3. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (e.g. the cost of internet connection or the cost of telephone communication) shall be borne by the buyer himself.
2.4. Shipping method
- 2.4.1. Unless otherwise stated in the purchase contract, the method of delivery of goods is determined by the seller. If the mode of transport of the ordered goods is agreed on the basis of the buyer’s request, the buyer bears the risk associated with such mode of transport, including any additional costs for the selected mode of transport.
- 2.4.2. The operator undertakes to inform the buyer about the dispatch of the goods to the electronic address provided by the buyer when creating the order.
- 2.4.3. Shipment of the ordered goods means its sending to the address specified by the buyer when creating the order. The operator reserves the right to add the cost of sending the goods to the buyer to the amount of the order according to the current price list of the carrier.
- 2.4.4. In the event of the buyer’s request to send the goods abroad, the operator reserves the right to add to the price of transport the cost of transport abroad. The seller will notify the buyer in advance.
2.5. Payment method
- 2.5.1. The operator offers a choice of the following methods of payment: credit/debit card payments. Credit/debit card purchases will be processed and authorized by our approved payment gateway SecurePay. We do not store or see the credit card details, Slovakia only – cash on delivery when taking over the goods from the carrier. Credit card purchases will be processed and authorized by Global Payments Europe, s.r.o..
- 2.5.2. Slovakia only: In the case of payment on delivery when taking over the goods from the carrier, the operator reserves the right to add the cost of processing the delivery to the amount of the order according to the current price list of the carrier.
- 2.5.3. The operator is not a VAT payer.
2.6. Rights and obligations arising from the conclusion of the purchase contract
- 2.6.1. The operator is obliged to deliver the ordered goods to the buyer at the agreed price and the buyer is obliged to take over the goods and pay the purchase price, including the costs of the chosen method of transport of goods.
- 2.6.2. In case of violation of the terms of the purchase contract or business conditions by the buyer, the operator reserves the right to withdraw from the purchase contract. In such a case, the buyer is obliged to reimburse the operator for all costs associated with his order, in particular the cost of sending the goods, unless the buyer takes them over.
- 2.6.3. The buyer is obliged to provide correct and true information when ordering the goods. The data necessary for concluding the purchase contract provided by the buyer are considered correct by the seller.
- 2.6.4. The seller is not bound by any special code of conduct in relation to the buyer.
- 2.6.5. All notices of the seller in any way related to the order or the purchase contract may be delivered to the buyer to the e-mail address specified in his user account or specified by the buyer in the order.
2.7. Gift vouchers and discount codes
- 2.7.1. When creating an order, the buyer can enter the codes contained in the purchased gift vouchers and discount codes provided by the operator in accordance with their rules.
- 2.7.2. Unless expressly stated otherwise by the operator, gift vouchers and discount codes:
- cannot be applied repeatedly;
- cannot be combined with each other.
- 2.7.3. In addition, discount codes cannot be applied to goods on sale.
- 2.7.4. In the event of withdrawal from the purchase contract for any reason or any other reasonable return of goods by the buyer to the seller purchased under the discount code, the buyer is only entitled to a refund of the amount they actually paid for the purchase of goods. The seller can decide whether and in what value to issue a new discount code to the buyer.
- 2.7.5. If the gift voucher or discount code has a limited period of validity, the buyer is entitled to use the gift voucher or discount code only before its expiration. The seller does not provide money or any other method of compensation for the unused value of a gift voucher or discount code.
- 2.7.6. Neither the gift voucher nor the discount code can be exchanged for cash. If the buyer purchases goods at a lower price than the value of the gift voucher or discount code, they are not entitled to pay off the value of the gift voucher or discount code or a new gift voucher or discount code for the remainder of the original applied gift voucher or discount code.
- 2.7.7. In the event that the gift voucher or discount code is used in violation of the operator’s rules for the use of the gift vouchers and discount codes in question, the operator has the right to reject such a gift voucher or discount code and withdraw from the concluded purchase contract. In the event that ambiguities arise during the interpretation of the rules, their interpretation set by the operator shall apply.
3. Delivery of goods
3.1. Delivery date
- 3.1.1 The operator undertakes to send the goods to the buyer as soon as possible. The operator usually sends the goods by the second day after the conclusion of the contract, so that the goods can be delivered within three to ten working days – depends on delivery destination. The delivery time, if stated for the goods, is of an informative nature only and will be specified by the operator in the acceptance of the order.
- 3.1.2. The operator is not liable for damages caused by delays in shipment or delivery of goods for any reason.
3.2. Transport, delivery and collection of goods
- 3.2.1. The buyer acquires ownership of the purchased goods by taking it over. At the moment of taking over the goods, the risk of damage to the goods also passes to the buyer.
- 3.2.2. The delivery includes proof of purchase, which states the date of sale, product designation (product name and quantity), purchase price (indicating the price of each product and the total price paid by the consumer) and information about the seller (trade name and registered office of the seller). Upon request, the seller will send the buyer a tax document in electronic form.
- 3.2.3. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any errors to solve it immediately with the carrier and inform the seller. In the event of a breach of the packaging indicating unauthorized entry into the consignment, it is recommended that the buyer does not take over the consignment from the carrier and fill in the record of damage to the consignment. By signing the delivery note, the buyer confirms that the package of the consignment containing the goods was intact and undamaged.
- 3.2.4. The buyer is obliged to file a complaint of mechanical damage to the goods, unsuitable goods, etc., which were not obvious when taking over the consignment with the goods from the carrier, immediately after finding them. The operator is not liable for damage to the goods caused during its transport, if the buyer does not immediately report this damage in accordance with paragraphs 3.2.3. and 3.2.4. of these terms and conditions.
- 3.2.5. If, due to a reason on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, or costs associated with other methods of delivery.
4. Withdrawal from the purchase contract
4.1. Withdrawal from the purchase contract by the buyer
- 4.1.1. Until the goods have been sent to the buyer, the buyer can cancel the order. In case of order cancellation, we do not charge any penalties or other fees. In the event that the purchase price has already been paid and the order has been cancelled in accordance with this point of the OP, the company PSko, s.r.o. will return the purchase price already paid to the buyer within 14 working days by non-cash transfer to the account specified by the buyer, unless otherwise agreed with the buyer.
- 4.1.2. If the purchase contract is concluded at a distance (via an online store) or outside the seller’s premises and with the same legal requirements, the consumer has the right under the Consumer Protection Act to Sell Goods under a distance contract to withdraw from the purchase contract without giving a reason and without any penalty from the purchase contract within 14 days from the date of taking over the goods.
- 4.1.3. In accordance with Act 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 premises of the seller and amending certain laws (hereinafter referred to as “law on the sale of goods at a distance”), the buyer, who is a consumer, is entitled without reason to withdraw from the purchase contract within 14 days from the date of receipt of the goods. However, under the law on the sale of goods at a distance, the buyer may not withdraw from the contract, the subject of which is in particular:
- the sale of goods made to the consumer’s specific requirements, custom-made goods or goods intended specifically for one consumer;
- the sale of goods which are subject to a rapid reduction in quality or deterioration;
- the sale of goods enclosed in protective packaging which cannot be returned for reasons of health protection or hygienic reasons and whose protective packaging has been broken after delivery;
- the sale of goods which, because of their nature, may, after delivery, be inseparably mixed with other goods;
- the sale of sound recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging;
- the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging;
- the provision of electronic content other than on a tangible medium, if its provision began with the explicit consent of the consumer and the consumer has stated that they has been duly informed that by expressing that consent they loses the right to withdraw from the contract.
- 4.1.4. If the consumer notifies the operator in accordance with these terms and conditions within the statutory 14-day period that they are withdrawing from the contract, the purchase contract shall be cancelled from the beginning. To withdraw from the contract, the consumer can use the proof of purchase, which they received together with the purchased goods. In the form, they will state the name and surname of the consumer, the order number, the designation of the goods and the account number for the refund.
- 4.1.5. The period for withdrawal from the purchase contract is considered to be maintained if the consumer sends a notice to the seller during the purchase contract that they withdraws from the purchase contract on the last day of the period. In the event of withdrawal from the purchase contract, the purchase contract is cancelled from the beginning.
- 4.1.6. In the event of exercising the right to withdraw from the purchase contract, the consumer shall send or hand over to the seller without undue delay, no later than 14 days from the withdrawal from the contract, the goods received from him, including all its parts and accessories. The consumer is obliged to deliver to the seller complete goods, including complete documentation, undamaged, preferably in the original packaging and unused. The goods must be sent to the address of the seller, which is PSko s. r. o., Firmova 1336/16, Bratislava, 851 10, Slovakia.
- 4.1.7. If the consumer withdraws from the purchase contract, the operator is obliged without undue delay, no later than 14 days after withdrawal from the purchase contract, to return all funds, including the cost of delivery of goods in the amount corresponding to the cheapest method of delivery, in essentially the same way, as they received them. The seller shall return the funds received to the consumer in another way, provided that the consumer has agreed to this and that they will not incur additional costs.
- 4.1.8. If the consumer withdraws from the purchase contract, the operator is not obliged to return the received funds to the consumer before the consumer hands over (does not deliver) the goods, or proves that they sent the goods to the operator.
- 4.1.9. If the consumer rightly withdraws from the purchase contract, they are entitled to use the label “return shipment” and not pay postage. If they do not have a label, the operator will refund the cost of postage in the amount corresponding to the cheapest offered method of sending the goods, usually an amount of 4 Euros. The amount of the refunded amount is based on the price list of Slovenská pošta. If the consumer delivered the goods in person, they are not entitled to compensation. If the consumer returns the goods from one order in several shipments, they are entitled to use only one label, or are entitled to a refund of postage only once.
- 4.1.10. If the consumer withdraws from the purchase contract unjustifiably, and still sends the goods to the operator, the goods will not be accepted or will be sent back at the consumer’s expense.
- 4.1.11. If a gift is provided to the buyer together with the goods, a gift contract is concluded between the seller and the buyer with the condition of termination of the contract. If the buyer withdraws from the purchase contract, the gift contract expires in connection with the gift and the buyer is obliged to return the gift to the seller.
4.2. Withdrawal from the purchase contract by the operator
- 4.2.1. The operator takes care of a good orientation in the market of goods sold, however, exceptionally there may be a situation where they will not be able to deliver the ordered goods under the agreed conditions in the purchase contract, or will not be able to deliver it at all. The operator therefore reserves the right to withdraw from the purchase contract in such cases.
- 4.2.2. The operator also has the right to withdraw from the purchase contract if the supplier of the ordered goods to the seller has significantly changed prices, if there have been significant changes in transport prices, or if the operator finds that the goods were mistakenly offered at the wrong price and the buyer did not accept the relevant change increase in the price of goods or increase in transport costs.
- 4.2.3. The buyer acknowledges that the seller is not obliged to enter into a purchase agreement with the buyer. The buyer further acknowledges that the seller is entitled to withdraw from the purchase contract concluded with the buyer, who in one of the previous relationships concerning obligations with the seller has substantially breached its obligation.
- 4.2.4. If the operator withdraws from the purchase contract, they are obliged to immediately inform the buyer to the e-mail address provided by the buyer when creating the order. Furthermore, they are obliged to return the full purchase price of the goods to the buyer, if it has already been paid.
5. Warranty conditions
- 5.1 The warranty conditions for the goods are governed by the Seller’s Complaints Procedure and applicable legal regulations.
6. Consumer data protection
- 6.1 In connection with the introduction of new legislation in the field of personal data protection – Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC data protection) (hereinafter referred to as “GDPR”) and the implementation of measures to ensure compliance of PSko, s.r.o. with GDPR as well as related relevant legal regulations governing the protection of personal data (e.g. Act No. 18/2018 Coll. on Personal Data Protection and on Change and amendments to certain laws, decrees of the Office for Personal Data Protection of the Slovak Republic), customers will find a general information obligation regarding the protection of personal data at www.bukful.com/ochrana-sukromia/.
7. Final provisions
- 7.1. The language of communication between the operator and the buyer and the language of the purchase contract is Slovak. The concluded purchase contracts are archived by the operator in electronic form and are not accessible to other persons.
- 7.2. In the event that any provision of these terms and conditions would be invalid or ineffective for any reason, this fact does not cause the invalidity or ineffectiveness of other parts of the terms and conditions or the purchase contract.
- 7.3. The wording of these terms and conditions may be amended by the operator. The changed business conditions are effective on the day of their publication. The rights and obligations of the operator and the buyer arising before the effective date of the new wording of the terms and conditions are not affected by the change.
- 7.4. If the relationship established by the purchase contract contains an international (foreign) element, the contracting parties agree that the relationship established by the purchase contract as well as all possible disputes arising from it are governed by the law of the Slovak Republic.
- 7.5. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is provided by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The supervisory authority for the protection of the buyer as a consumer is the Slovak Trade Inspection, the Inspectorate of the State Trade Inspection for the Bratislava Region, Prievozská 32, P.O.Box 5, Bratislava, 820 07, Slovakia.
- 7.6. The contracting parties have agreed that the court of the Slovak Republic has jurisdiction to resolve any disputes between the operator and the buyer. Any disputes between the operator and the consumer can also be resolved out of court. In such a case, the consumer may contact the out-of-court dispute resolution entity, which is the Slovak Trade Inspection or another relevant authorized legal entity entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic, or resolve the dispute through a dedicated ODR platform. The operator recommends that the buyer first try to contact the electronic address firstname.lastname@example.org to resolve the situation before proceeding with an out-of-court settlement of the dispute.