Terms of use

General Terms and Conditions

 

Article I

Introductory Provisions

 

1. These General Terms and Conditions are issued by Merch s.r.o., with its registered office at Slávičia 10, 903 01 Senec, Slovak Republic, Company ID: 47 608 803, registered in the Commercial Register of the District Court Bratislava III, Section: Sro, Insert No. 95409/B.

 

 

Article II

Definitions

 

1. Within these General Terms and Conditions, the following definitions apply:

 

• E-shop means the website https://atteustore.com operated by the Seller;

 

• GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation);

 

• Purchase Price means the price stated in the Order for which the Buyer purchases the Goods;

 

• Buyer means any visitor to the E-shop who has placed an Order for the purpose of concluding a Purchase Agreement; the Buyer may be a legal entity, a natural person – entrepreneur, or a natural person – consumer;

 

• Civil Code means Act No. 40/1964 Coll. Civil Code as amended;

 

• Commercial Code means Act No. 513/1991 Coll. Commercial Code as amended;

 

• Order means the form available on the E-shop through which the Buyer places a binding order for specific Goods for the purpose of concluding a Purchase Agreement;

 

• Seller means Merch s.r.o., with its registered office at Slávičia 10, 903 01 Senec, Slovak Republic, Company ID: 47 608 803, registered in the Commercial Register of the District Court Bratislava III, Section: Sro, Insert No. 95409/B;

 

• Complaint Form means the online complaint form available on the E-shop which the Buyer is required to use to claim defective Goods;

 

• Goods means the item of purchase specified in the Order, purchased by the Buyer via the E-shop under the Purchase Agreement;

 

• Account means an account created on the E-shop;

 

• GTC means these General Terms and Conditions issued by the Seller;

 

• Act on Alternative Dispute Resolution means Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts as amended;

 

• VAT Act means Act No. 222/2004 Coll. on Value Added Tax as amended;

 

• Personal Data Protection Act means Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts as amended;

 

• Consumer Protection Act means Act No. 250/2007 Coll. on Consumer Protection and on Amendments to the Act of the Slovak National Council No. 372/1990 Coll. on Offences as amended;

 

• Distance Selling Act means Act No. 102/2014 Coll. on Consumer Protection in Distance Selling or Off-Premises Contracts and on Amendments to Certain Acts;

 

• Purchase Agreement means an agreement concluded between the Seller and the Buyer via the E-shop, under which the Seller undertakes to deliver the Goods to the Buyer and the Buyer undertakes to take over and pay the Purchase Price to the Seller;

 

• Contracting Party means the Seller or the Buyer;

 

Article III

General Information

1. These GTC govern all contractual relationships and all rights and obligations arising from or related to the conclusion of the Purchase Agreement between the Contracting Parties.

2. By concluding the Purchase Agreement, the Seller undertakes to deliver the Goods to the Buyer and transfer ownership rights to the Buyer, and the Buyer undertakes to take over the Goods and pay the agreed Purchase Price.

3. The Buyer may create a free Account directly on the E-shop by providing:
   1. name and surname;
   2. address;
   3. phone number;
   4. email address.

4. After creating an Account, a verification email will be sent to the Buyer’s email address. The Buyer must confirm account creation via this email.

5. The Buyer may have only one Account. If the Seller discovers duplicate Accounts, later-created Accounts will be deleted.

6. The Seller reserves the right to refuse, deactivate, restrict, or delete an Account.

7. These GTC form an inseparable part of the Purchase Agreement.

8. The Buyer may contact the Seller as follows:
   1. by post: Merch s.r.o., Majerská 269, 900 50 Kráľová pri Senci, Slovak Republic;
   2. by phone: +421 220 924 420
   3. by email: info@shop.prirodzenenajlepsi.sk

Article IV

Order and Conclusion of the Purchase Agreement

1. The Buyer must complete an Order with required information and send it to the Seller via the E-shop before concluding the Purchase Agreement.

2. The Buyer initiates the Order process by:
   1. choosing specific Goods with desired properties (size, color, quantity, etc.) and adding them to the cart via "Add to cart", then proceeding according to steps 3–11 of this Article; or
   2. directly requesting specific Goods without adding to the cart and proceeding according to steps 4–11 of this Article.

3. The Buyer may:
   1. view the cart via "View cart" and proceed to the order form by clicking "Continue"; or
   2. proceed directly to the checkout via "Checkout".

4. In the order form, the Buyer must select the delivery country, delivery method, payment method, and provide:
   1. company name or full name;
   2. registered address or permanent residence;
   3. delivery address (if different);
   4. Company ID (if not a consumer);
   5. Tax ID (if not a consumer);
   6. VAT ID (if not a consumer);
   7. phone number;
   8. email address.

5. After correctly filling in the order form, the Buyer confirms agreement with these GTC and submits the Order via the "Order with payment obligation" button. The Buyer may be redirected to the payment gateway.

6. The Buyer may use a gift voucher or discount coupon for payment or a discount.

7. The submitted Order is a binding proposal to conclude the Purchase Agreement, effective upon delivery to the Seller.

8. The Seller will confirm receipt of the Order via an automatic email. This does not constitute acceptance of the Order. The Purchase Agreement is concluded only after the Seller confirms the Order, including details of Goods, Purchase Price, payment terms, and delivery information.

9. The Buyer must fill in all required data. Incorrectly filled Orders may be rejected by the Seller.

10. The Buyer may cancel the Order without reason before receiving confirmation from the Seller.

Article V

Payment Terms

1. The Buyer must pay the Purchase Price stated in the Order. Prices include VAT as per applicable law.

2. Payments can be made via:
   1. cash on delivery;
   2. online via TatraPay+;
   3. via Benefit Plus;
   4. gift vouchers or discount coupons.

3. Payment is deemed complete when credited to the Seller's account or otherwise received by the Seller.

4. The Seller will send an electronic invoice within 24 hours after payment.

5. Discounts may be granted at the Seller's discretion.

Article VI

Delivery Terms

1. The Seller undertakes to dispatch Goods within 30 days unless extended due to stock availability, in which case the Buyer will be informed.

2. Goods will be delivered with all necessary documents as per law.

3. Delivery methods:
   1. national postal service;
   2. courier service.

4. Other arrangements are possible by mutual agreement.

5. Delivery costs are confirmed in the Order (details available under Shipping and payment terms).

6. Delivery is subject to carrier's terms and conditions.

7. Shipping cost is listed in the Order and must be paid with the Purchase Price.

8. If delivery is not possible due to unavailability or other serious reasons, the Buyer will be informed by email, and partial delivery may be made at no extra cost.

9. The Buyer must take delivery of the Goods at the agreed time and place. Goods are considered received:
   1. upon physical receipt by a consumer Buyer;
   2. upon handover to the carrier for business Buyers.

11. Buyers who fail to accept cash-on-delivery orders may lose this payment option for future orders and may be liable for damages.

12. Risk of damage passes to the Buyer upon receipt of Goods.

13. Ownership transfers upon receipt and full payment.

14. The Seller is not responsible for delivery delays caused by the carrier.

 

Article VII

Withdrawal from the Purchase Agreement

1. The Seller may withdraw from the Purchase Agreement in case of:
   1. impossibility of performance (e.g., out of stock, unavailability, force majeure);
   2. Buyer’s failure to pay the Purchase Price;
   3. Buyer’s failure to collect the Goods under Article VI point 9;
   4. Buyer’s refusal to accept changes to these GTC under Article XII.

2. The Buyer may withdraw only:
   1. if the Goods were custom-made, within 24 hours of conclusion; or
   2. as specified in point 3 below.

3. If the Agreement was concluded exclusively via distance communication, a consumer Buyer may withdraw within 14 days of receiving the Goods (except for cases under §7(6) of the Distance Selling Act, e.g., unsealed audio/video/software).

4. Withdrawal must be notified to the Seller no later than the last day of the withdrawal period via a written notice or the online form.

5. Withdrawal takes effect upon delivery of the completed online form.

6. The Buyer must return complete, undamaged, unused Goods (preferably in original packaging) within 14 days. The Buyer is liable for any diminished value caused by handling beyond what is necessary to ascertain its nature and functionality.

7. The Seller will refund the Purchase Price including shipping within 14 days of receiving the withdrawal notice, to the Buyer’s bank account stated in the form. The refund may be withheld until the Goods are returned.

8. If returned Goods are used, damaged, or incomplete, the Buyer must reimburse the reduction in value.

9. Return shipping costs are borne by the Buyer.

Article VIII

Claims and Complaints

1. The Seller guarantees Goods are delivered in the agreed quality, quantity, and free from defects, liable for defects present on delivery or within the statutory warranty period.

2. The Buyer may claim defective Goods within the warranty period.

3. Claims cannot be made for known defects or those discounted in price.

4. The Seller is not liable for defects or damage caused by third parties (e.g., carrier).

5. Claims must be submitted via the online complaint form with accurate information. Incomplete forms will be returned for completion.

6. Upon verification, the Seller will acknowledge the claim and send confirmation by email.

7. Claims will be resolved immediately or within 30 days of submission.

8. If the claim is accepted, the complaint will be resolved by withdrawal from the contract and refund.

9. A written confirmation of complaint resolution will be sent by email within 30 days.

10. If a claim is made:
    1. within 12 months of purchase, rejection requires expert assessment at Seller's cost;
    2. after 12 months, the Seller must inform the Buyer where to send the Goods for assessment at Seller’s cost if their responsibility is proven.

11. Complaints sent cash on delivery will not be accepted.

Article IX

Communication

1. All communication shall be electronic:
   1. Seller: info@shop.prirodzenenajlepsi.sk
   2. Buyer: email provided in the Order.

2. Messages are deemed delivered on the next working day after sending.

Article X

Governing Law and Disputes

1. These GTC are governed by Slovak law.

2. Disputes shall first be resolved amicably. If unresolved, they may be brought before the competent Slovak court.

Article XI

Assignment and Set-off

1. The Buyer may not assign rights or obligations to third parties without prior written consent of the Seller.

2. The Seller may assign or transfer rights or obligations to third parties at any time without Buyer’s consent.

3. The Buyer may not set off claims without Seller’s consent.

4. The Seller may unilaterally set off any claim against the Buyer, even if unenforceable by court.

Article XII

Changes to GTC

1. The Seller may amend these GTC at any time, notifying the Buyer. Changes take effect 10 days after notice. Previous GTC become void.

2. If the Buyer disagrees, they must notify the Seller before the effective date; otherwise, they are deemed to accept the changes.

Article XIII

Personal Data Protection

1. Personal data of Buyers or their representatives is processed in relation to the Purchase Agreement under GDPR and Slovak data protection law. Detailed information is provided in the Seller’s Privacy Notice.

2. If the Buyer is not the data subject, they must inform all data subjects about the Privacy Notice.

3. More information is available under Privacy Notice.

Article XIV

Final Provisions

1. These GTC are valid from 06/2024 and published continuously on the E-shop.

2. Unregulated relationships with consumers are governed by the Civil Code; relationships with businesses are governed by the Commercial Code and related laws.

3. By submitting an Order, the Buyer confirms prior acquaintance with and acceptance of these GTC and attachments.

4. Consumers dissatisfied with complaint handling may request remedy from the Seller. If unresolved within 30 days, they may initiate ADR with the Slovak Trade Inspection (soi.sk) or other authorized ADR entities (link), or use the EU platform (ODR).

5. Complaints can be sent to info@merch.sk. Supervisory authority: Slovak Trade Inspection, Bajkalská 21/A, Bratislava, tel. 02/58 27 21 72.

6. Provisions of the Purchase Agreement prevail over these GTC.