GENERAL TERMS AND CONDITIONS

1. Introductory provisions and Definition of terms

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company

 

Business name: TolTech s.r.o
Registered office: Tolstého 5, Bratislava - Staré Mesto district 811 06, Slovak Republic

Registered in the Commercial Register of the Municipal Court Bratislava III, Division Sro, Insert number 174556/B
ID: 55909248

VAT number: 2122133519
Bank account: SK17 1100 0000 0029 4716 1965

The seller is the payer of value added tax

 

(hereinafter also "Seller" or "Merchant" ) and every person who is a Buyer of goods or services offered by the Seller on the Seller's Website, and who acts as a consumer in the sense of other provisions of these General Terms and Conditions and relevant laws defining the consumer, in within the framework of the current legislation of the Slovak Republic, especially laws: Law no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the Seller's premises, as amended, Act no. 250/2007 Coll. on consumer protection as amended, Act no. 22/2004 Coll. on electronic commerce as amended, Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection as amended.

 

 

1.1.1. Email contact and telephone contact for the Seller is:

 

Email: info@belinkabeauty.com

Tel. no.: +421910617138

 

1.1.2. The seller recommends consumers to exercise the right to withdraw from the contract without giving a reason at the address:

 

TolTech s.r.o., Obchodná ulica 1718/4, 93041 Hviezdoslavov, Slovak Republic

 

1.2. These General Terms and Conditions regulate the legal relations between Buyers who are consumers and the Seller.

1.3. The concept of Internet store is identical to the concept of Electronic store and to the concept of Web site.

1.4. The buyer is any person (natural person or legal entity) who sent the order mainly by using the Seller's website, or by other means of remote communication.

1.5. The consumer is the Buyer, who is a natural person, and who, when concluding a purchase contract through the Seller's website, does not act within the scope of his business activity.

1.6. The provisions of Act no. 513/1991 Coll. Commercial Code as amended.

1.7. A contract concluded at a distance means a contract between the Seller and the consumer agreed and concluded exclusively through one or more means of long-distance communication without the simultaneous physical presence of the Seller and the consumer, especially by using the website or other means of distance communication.

1.8. The term Purchase Agreement includes a purchase agreement for products and a service delivery agreement, within the meaning of the text specified in these Terms and Conditions.

1.9. Products (hereinafter also "Things" or "Products") are goods or services that are intended for sale and are also published on the Seller's website.

1.10. The seller is also the operator of the electronic system through which he operates the website.

 

1. Product order – concluding a purchase contract

 

2.1. The proposal for concluding a purchase contract by the Buyer is the sending of the product order by the Buyer mainly using the Seller's website or other remote communication means.

 

2.2. The conclusion of the purchase contract between the Buyer and the Seller takes place at the moment of delivery of the confirmation of receipt of the order to the Buyer, which was created by the Buyer in accordance with point 2.1. of these GTC to the Seller (electronically to the Buyer's email address chosen by the Buyer in the order creation process).

2.3. The purchase contract is concluded for a fixed period of time and expires in particular upon fulfillment of all obligations of the Seller and the Buyer.

2.3.1. The purchase contract can also be terminated in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer and in similar cases.

2.4. The Seller informs the Buyer that in case of ordering products by the Buyer, the order is connected with the obligation of payment for the Buyer, namely the form of payment chosen by the Buyer.

III. Purchase price and payment terms

 

3.1. The price of goods and services ordered through the Seller's website (hereinafter referred to as the " purchase price ") is listed separately for each product and is valid at the moment the order is created by the Buyer.

3.2. The basic currency is the euro.

3.3. The purchase price of the goods or services listed on the Seller's website is the total price of the goods or services including all taxes, which is clearly indicated on the Seller's website.

3.3.1. The purchase price of goods or services does not include transport costs or other costs related to the delivery of products

1. Methods of payment

4.1. You can pay for goods and services on the Seller's Website in the following ways:

4.1.1. payment by cash on delivery - price 0 EUR

4.1.2. online card payment through the COMGATE payment gateway - price 0 Eur

1. Delivery of products

5.1. In case the Buyer chose cash on delivery as the form of payment for the order. The Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract in accordance with point 2.2. and so on of these GTC.

5.1.1. In the event that the Buyer has chosen a form of payment for the order other than cash on delivery, the Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract in accordance with point 2.2. and so on of these GTC and payment of the total price of the order to the Seller. In the event that both conditions listed in point 5.1.1 have been met. of these GTC (i.e. if the purchase contract was concluded and the total price of the order was paid to the Seller ), the Seller is obliged to deliver the products to the Buyer within 30 days at the latest from the date of fulfillment of both of these conditions.

The usual deadline for the Seller to ship the products is 1 working day from the date of conclusion of the purchase contract or 1 working day from the date of payment of the total price of the order to the Seller.

5.2. The place of delivery of the ordered product is the address specified by the Buyer in the order.

5.3. The Seller will deliver the product through his own means to the Buyer (or to a person authorized by the Buyer to take over the product), or through third parties (transport and delivery companies).

5.4. The delivery of the product is made by its acceptance by the Buyer (or by the Buyer to a person authorized to accept the product).

5.5. The Seller can send the goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within a period that is in accordance with the delivery period according to these GTC, but only on the condition that the Buyer will not incur any additional costs as a result of the Seller's actions, and only in the event if the Buyer agrees.

5.6. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with tax documents that relate to the order and other documents, if they exist and are typical for the given products or services.

1. Download the product

 

6.1. The risk of damage to the product and the responsibility for damage to the product pass to the Buyer only upon proper acceptance, and it does not matter whether the Buyer takes over the product personally or through an authorized/authorized third party. The Seller recommends the Buyer to check the received order when receiving the order.

6.2. Ownership of the products is transferred to the Buyer upon receipt of the products by the Buyer at the place of delivery specified by the Buyer.

6.3. The Seller has the right to proper and timely payment of the order price from the Buyer for the delivered goods.

VII. Shipping - methods of transporting products and the price for their transportation

 

7.1. Shipping methods and price for shipping ordered products:

7.1.1. Forms of Transport:

7.1.1.1. Delivery point of Packet

7.1.1.2. Courier service

7.1.2. Prices for Transport:

7.1.2.1. The Seller informs the Buyer about the prices for individual forms of transport on the Seller's website at the following addresses:

https://belinkabeauty.com/pages/doprava-a-platby-eu

VIII. Withdrawal of the Buyer from the purchase contract without giving a reason

8.1. If the Seller timely and properly provided the consumer with information about the right to withdraw from the contract according to § 3 par. 1 letter h) Act no. 102/2014 Coll., the consumer is entitled to withdraw from a contract concluded at a distance or from a contract concluded outside the Seller's premises within 14 days from:

 

8. a) acceptance of goods according to point 8.1.1. of these GTC in the case of contracts, the subject of which is the sale of goods,

 

1. b) conclusion of a service provision contract or

 

1. c) concluding a contract for the provision of electronic content not delivered on a physical medium.

 

8.1.1. The goods are considered to be taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if

 

1. a) the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,

 

1. b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,

 

1. c) supplies the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.

 

8.1.2. If the Seller has provided the consumer with information pursuant to § 3 par. 1 letter h), Act. no. 102/2014 Coll. and so on of these General Terms and Conditions, the period for withdrawing from the contract expires after 14 days from the day when the Seller additionally fulfilled the information obligation.

 

8.1.3. If the Seller did not provide the consumer with information according to § 3 par. 1 letter h) Act. no. 102/2014 Coll. in the valid version or in the additional period in accordance with point 8.1.2. of these GTC, the withdrawal period expires after 12 months and 14 days from the date of commencement of the withdrawal period according to point 8.1. and so on of these GTC

 

8.1.4. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the withdrawal period.

 

8.2. The consumer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline. (§10 paragraph 1 of Act No. 102/2014 Coll.).

 

8.3. If the consumer wishes to use this right, he is obliged to notify the Seller of the withdrawal from the purchase contract no later than the last day of the specified period. The deadline for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the Seller at the latest on the last day of the deadline to the Seller's address. The consumer can also exercise this right in any of the Seller's establishments.

 

8.4. The consumer can exercise the right to withdraw from the contract with the seller in written form or in the form of a record on another durable medium; if the contract was concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract (hereinafter referred to as "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract.

 

8.4.1. If the consumer withdraws from the contract, every additional contract related to the contract from which the consumer withdrew is also canceled from the beginning. It is not possible to demand any costs or other payments from the consumer in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in § 9 par. 3 and § 10 par. 3 of Act No. 102/2014 Coll. in the valid wording and the price for the service, if the subject of the contract is the provision of the service and if the service has been fully provided.

 

8.5. By withdrawing from the contract, the contracting parties are obliged to return the services provided to each other. The consumer is only responsible for the decrease in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The consumer is not responsible for a decrease in the value of the goods if the Seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract according to § 3 par. 1 letter h).  Act no. 102/2014 Coll.

 

8.6. The consumer can use the purchase contract withdrawal form to withdraw from the contract without giving a reason. The mentioned form is freely accessible on the Seller's website.

8.7. If the consumer withdraws from the contract in accordance with Act No. 102/2014 Coll., he bears the costs of returning the goods to the Seller according to § 10 par. 3 of Act No. 102/2014 Coll., and if he withdraws from a contract concluded at a distance, also the costs of returning the goods, which, due to their nature, cannot be returned by post. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled his obligation according to § 3 par. 1 letter i). Act No. 102/2014 Coll

8.8. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees; this does not affect the provisions of § 8 par. 5. Act no. 102/2014 Coll. Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the Seller's premises and on amendments and additions to certain laws

8.9. Pursuant to § 9 par. 3 of Act no. 102/2014 Coll. as amended., The Seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest common delivery method offered by the Seller. Additional costs mean the difference between the cost of delivery chosen by the consumer and the cost of the cheapest common delivery method offered by the Seller.

8.10. In case of withdrawal from the contract, the Seller recommends sending products by registered mail. The Seller recommends not sending the goods by cash on delivery, which will not be accepted by the Seller.

 

8.11. When withdrawing from the contract, the consumer bears only the costs of returning the goods to the Seller or a person authorized by the Seller to take over the goods. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled the obligation according to § 3 par. 1 letter i). Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the Seller's premises and on amendments and additions to certain laws

8.12. In addition to the obligations listed in paragraphs 1, 3 to 5 and § 9 par. 3 of Act no. 102/2014 Coll. exercising the consumer's right to withdraw from the contract must not result in additional costs or other obligations for the consumer.

 

8.13. The right to withdraw from the contract does not apply to goods and services defined in §7 par. 6 letters a) to l) of Act no. 102/2014. Zz

Specifically:

a) the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,

b) the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which the Seller cannot influence and which may occur during the period for withdrawing from the contract,

c) sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,

d) sale of goods that are subject to a rapid reduction in quality or deterioration,

e) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,

1. f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days and their price depends on the movement of prices on the market, which the Seller cannot influence,

h) performing urgent repairs or maintenance that the consumer has expressly requested from the Seller; this does not apply to service contracts and contracts, the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the Seller's visit to the consumer and the consumer did not order these services or goods in advance,

i) sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the consumer has unpacked this packaging,

j) the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,

k) provision of accommodation services for a purpose other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the Seller undertakes to provide these services at the agreed time or within the agreed deadline,

l) provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

8.14. In case of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form as received from the consumer. It is possible to change the form of refund to the consumer only on the basis of the consumer's consent.

8.15. In case of withdrawal from the contract, the subject of which is the sale of goods, the Seller is not obliged to return payments to the consumer according to § 9 paragraph 1 of Act no. 102/2014. Zz before the goods are delivered to him or until the consumer proves that the goods have been sent back to the Seller, unless the Seller suggests that he collects the goods personally or through a person authorized by him.

8.16. If the consumer withdraws from the contract for services and before the start of the provision of services has given express consent according to § 4 par. 6 of Act no. 102/2014. ZZ as amended, the consumer is obliged to pay the Seller only the price for the actually provided performance by the date of delivery of the notice of withdrawal from the contract. The price for the performance actually provided is calculated proportionately based on the total price agreed in the contract. If the total price agreed in the contract is overvalued, the price for the service actually provided is calculated based on the market price of the service provided.

 

8.17. The consumer is not obliged to pay for

 

8.17.1. Services provided during the period for withdrawal from the contract, regardless of the scope of the performance provided, if:

 

8.17.1.1. The seller did not provide the consumer with information according to § 3 par. 1 letter h) or letter j), Act no. 102/2014 Coll. as amended

 

8.17.1.2. The consumer has not given the Seller explicit consent to start providing the service according to § 4 par. 6, Act no. 102/2014 Coll. as amended

 

8.17.2. Fully or partially provided electronic content that is not delivered on a material carrier, if:

 

8.17.2.1. The consumer has not given the Seller explicit consent to start providing electronic content according to § 4 par. 8, Act no. 102/2014 Coll. as amended

 

8.17.2.2. The consumer did not declare that he was properly informed that by expressing his consent according to the first point, he loses the right to withdraw from the contract, or

 

8.17.2.3. The seller did not provide the consumer with confirmation in accordance with § 6 par. 1 or par. 2 letters b). Act no. 102/2014 Coll. as amended

 

8.18. If, on the basis of a contract concluded outside the Seller's premises, the goods were delivered to the consumer's home at the time of the conclusion of the contract and due to its nature, it is not possible to send the goods back to the Seller by post, the Seller is obliged to arrange for the collection of the goods at his own expense within the period according to §9 par. 1 of Act No. 102/2014. ZZ, as amended

8.19. The Seller instructs the Buyer that if, on the basis of the service contract, the provision of the service is to begin before the expiry of the period for withdrawal from the contract or if the Buyer requests the provision of the service before the expiry of the period for withdrawal from the contract:

 

8.19.1. By giving consent to start providing the service before the expiry of the period for withdrawal from the contract, the buyer loses the right to withdraw from the contract after the full provision of the service.

 

8.19.2. The Seller must have the express consent of the Buyer to start providing the service before the expiry of the period for withdrawal from the contract and a declaration that the consumer has been properly informed according to point 8.19.1 of these GTC.

 

 

1. Alternative dispute resolution

 

9.1. In the event that the consumer is not satisfied with the manner in which the Seller handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the consumer's request in accordance with the previous sentence or does not respond to such a request within 30 days from the day it was sent to the consumer, the consumer has the right to submit a proposal to initiate an alternative dispute resolution pursuant to § 12 of Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment and supplementation of certain laws as amended. The relevant entity for the alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi ), or another relevant authorized legal entity registered in the list of entities of the alternative resolution of disputes led by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/ or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych- disputes-1/list-of-subjects-of-alternative-resolution-of-consumer-disputes-1 .

The buyer has the right to choose which of the listed alternative dispute resolution entities to turn to. To submit a proposal for an alternative resolution of his consumer dispute, the buyer can use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/ , or directly on the Internet https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage . Alternative dispute resolution can only be used by the Buyer, who acts as a consumer when concluding and fulfilling the contract. Alternative dispute resolution applies only to disputes between the consumer and the Seller arising from or related to the consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. The subject of alternative dispute resolution can reject the proposal if the quantifiable value of the dispute does not exceed the amount of 20 euros. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.

All other information regarding the alternative resolution of disputes between the Seller and the Buyer-consumer resulting from the Purchase Agreement as a consumer agreement or related to the Purchase Agreement as a consumer agreement is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment and supplementation of certain laws as amended.

 

 

1. Supervisory authority

 

10.1. The competent authority supervising legality in the field of consumer protection is:

Inspectorate of the Slovak Trade Inspectorate

with headquarters in Bratislava for the Bratislava region

Bajkalská 21/A, PO BOX no. 5, 820 07  Bratislava

Department of Supervision

tel. no. 02/58 27 21 72, 02/58 27 21 04

fax no. 02/58 27 21 70

email: ba@soi.sk

web link for submitting proposals: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

 

10.2. The Buyer may also address complaints or suggestions directly to the Seller at the address specified in point 1.1.2. of these GTC. The Seller also recommends the Buyers to address complaints and suggestions (in order to speed up the equipment) to the Seller's email address: info@belinkabeauty.com

Any complaint or initiative will be assessed and dealt with by the Seller within 10 working days of its receipt. At the same time, the Seller informs the Buyer about its equipment in the same way that the Buyer delivered the complaint or initiative to the Seller.

1. Additional provisions

11.1. Consumer in accordance with § 10 par. 2 of Act no. 102/2014 Coll. in the valid wording, the Seller is entitled to refuse the return of the goods acquired on the basis of a contract concluded during or in connection with the sales event until the Seller returns to the consumer the price paid or the advance payment for the goods or service.

Whereas a sales event is an event organized on the basis of an invitation, other invitation or information addressed to the consumer, the subject of which is mainly the sale of goods or the provision of services and during which or within 15 working days after the conclusion of the contract with the consumer.

 

11.2. The seller will not conclude a purchase contract or carry out the sale, mediation or delivery of alcoholic beverages / products /, tobacco products and other products to persons (Buyers) who at the time of concluding the purchase and sale contract have not reached the age of 18, and whose sale is to persons younger than 18 years prohibited, in accordance with and in accordance with the valid and effective legal regulations of the Slovak Republic. In connection with the above, the Seller verifies the fulfillment of the Buyer's 18-year-old condition by checking the age through the Buyer's identity document /citizen card or passport/, when handing over the order to the Buyer. The Seller will carry out the above through an authorized person who is to deliver the order to the Buyer. If the Buyer has not reached the age of 18, or if the Buyer does not prove or refuses to prove his age, the Seller will not deliver the order to the Buyer and the purchase contract will expire.

XII. Information on codes of conduct

 

12.1. Pursuant to §3, par. 1, letter n), Act no. 102/2014 Coll. The Seller informs consumers that there are no special relevant codes of conduct to which the Seller undertakes to comply, whereby the code of conduct is understood as an agreement or a set of rules that define the behavior of the Seller, who has undertaken to comply with this code of conduct in relation to one or more special business practices, or business sectors, if these are not established by law, or other legal regulations or measures of a public administration body, which the Seller has undertaken to comply with, and the way in which the consumer can become familiar with them, or obtain their wording .

 

XIII. Final provisions

 

13.1. The seller reserves the right to change the General Terms and Conditions. The obligation of written notification of changes to the General Terms and Conditions is fulfilled by placing it on the Seller's website. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller is governed by the General Terms and Conditions valid and effective at the time of the conclusion of the Purchase Agreement, until its termination.

 

13.2. These General Terms and Conditions form an integral part of the Complaints Procedure and the Principles and instructions on the protection of personal data of this Website. Documents - Complaints Procedure and Principles and instructions on the protection of personal data of this Website are published on the domain of the Seller's Website.

13.3. These General Terms and Conditions become valid and effective upon their publication on the Seller's website on March 25, 2024.

This e-shop is certified http://www.pravoeshopov.sk