Business conditions

Business and complaint conditions

Business conditions

1. Basic provisions

These General Terms and Conditions govern the relations between the parties to the purchase contract, when on the one hand the company Branislav Rybička ID 47 389 966, with its registered office at Rastislavova 74, 04001 Košice, SK, registered in the Trade Register of the Košice Regional Office - Okolie, Trade Register Number: 820-75553 as the seller (hereinafter referred to as the "seller") and on the other side is the buyer and/or orderer, who may also be a consumer (hereinafter referred to as the "buyer").
Further information about the seller can be found on the website www.purecacao.eu in the section "Business conditions".

The buyer is a consumer or entrepreneur.

A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity.

Legal relations between the seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code, as well as related regulations.

Entrepreneurs are understood as:

a person registered in the commercial register
a person who does business on the basis of a trade license
a person who does business on the basis of a license other than a trade license according to special regulations
a person who carries out agricultural production and is registered in accordance with a special regulation
For the purposes of the General Terms and Conditions, an entrepreneur is also defined as a person who acts in accordance with the previous sentence within the framework of his business activity. If the Buyer states his identification number (IČO) in the order, he acknowledges that the rules specified in the GTC for entrepreneurs apply to him.

Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer, are governed by the relevant provisions of Act. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence.

By submitting the order, the buyer confirms that he has read these GTC, an integral part of which is online dispute resolution and the Transport Price List document, and that he agrees with them, in the version valid and effective at the time the order is sent.
The buyer will receive a copy of the GTC as an attachment to the order confirmation to the specified email address. The buyer is aware that the purchase of products that are in the seller's business offer does not give him any rights to use registered brands, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific contract.

1. Contract of sale

II.A Conclusion of the purchase contract

If the buyer is a consumer, the proposal for concluding a purchase contract is the placement of the offered goods by the seller on the website, the purchase contract is created by sending the order to the buyer and consumer and accepting the order by the seller. The seller will immediately confirm this acceptance to the buyer by an informative email to the specified email address, but this confirmation does not affect the formation of the contract. In the informative email, the buyer will also find a link to the current version of the GTC and the seller's complaint procedure. The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons. For an exception to this procedure, see point VI. Ordering.

If the buyer is an entrepreneur, the proposal for concluding a purchase contract is the sending of an order for goods to the buyer entrepreneur, and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer entrepreneur with this proposal. The seller is not responsible for any errors during data transfer. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. The contract is concluded in the Slovak language.

The concluded contract is archived by the seller for a period of at least five years from its conclusion, but for the longest period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to non-participating third parties. Information about the individual technical steps leading to the conclusion of the contract can be found in these terms and conditions, where this process is clearly described. The buyer has the opportunity to check and possibly correct the order before sending it. These General Terms and Conditions are available on www.purecacao.eu of the seller and thus their archiving and reproduction by the buyer is possible.

The costs of using remote means of communication (telephone, Internet, etc.) for the execution of the order are in the usual amount, depending on the tariff of the telecommunications services that the buyer uses.

II.B Delivery of the object of purchase

With the purchase contract, the seller undertakes to hand over the item that is the subject of the purchase to the buyer and enable him to acquire ownership of it, and the buyer undertakes to take over the item and pay the seller the purchase price.

The seller reserves the right of ownership to the item, and therefore the buyer becomes the owner only after full payment of the purchase price. The seller will hand over the item and the documents relating to the item to the buyer and enable the buyer to acquire ownership of the item in accordance with the contract.

The Seller fulfills the obligation to hand over the item to the Buyer if he allows him to handle the item at the place of performance and notifies him in time.

If the seller is to send the item, he will hand over the item to the buyer - entrepreneur by handing it over to the first carrier for transport for the buyer and allow the buyer to exercise the rights from the transport contract against the carrier, the seller will hand over the item to the buyer - consumer only after the carrier has handed over the item to him.

The seller will hand over to the buyer the object of purchase in the agreed quantity, quality and design.

If it is not agreed how the thing should be packed, the seller will pack the thing according to customs; if there are no customs, then in a manner necessary for the preservation of the thing and its protection. In the same way, the seller procures the item for transport.

With regard to the minimization of damages and ensuring a problem-free supply, the seller reserves the right to deliver the goods to the buyer who, within the framework of one order and/or one day, ordered the goods for a total value exceeding EUR 5,000, including VAT, only after full payment of the total purchase price. As soon as the buyer pays the total purchase price of the purchased goods, the seller will carry out the shipment in accordance with the buyer's requirements specified in the order.

The purchasing entrepreneur hereby expresses his consent to the fact that the purchased goods do not need to be supplied with instructions for their use in Slovak.

III. Information security and protection

The seller declares that all personal data are confidential, will only be used to fulfill the contract with the buyer and the seller's marketing actions and will not otherwise be published, provided to a third party, etc. with the exception of the situation related to the distribution or payment process regarding the ordered goods (announcement of the name, account number and delivery address). The seller proceeds in such a way that the data subject does not suffer damage to his rights, especially the right to preserve human dignity, and also takes care to protect against unauthorized interference in the private and personal life of the data subject.

Personal data, which is provided voluntarily by the buyer to the seller for the purpose of fulfilling the order and marketing actions of the seller, is collected, processed and stored in accordance with the applicable laws of the Slovak Republic, in particular with Act No. 18/2018 Coll., on the protection of personal data, in the valid and effective version.
The buyer gives the seller his consent to the collection and processing of this personal data for the purpose of fulfilling the subject matter concluded by the purchase contract and use for the seller's marketing purposes, until the time of his written statement of disagreement with this processing sent to the seller's address. In this case, an electronic form is also considered a written statement, especially through the contact email listed on the website www.purecacao.eu. The buyer has the right of access to his personal data and the right to correct them.

As part of the complaint procedure, the following information is required from customers: name, surname, address, telephone number, e-mail. All personal data obtained in this way are processed exclusively for the purpose necessary for processing the claim and in accordance with Act no. 18/2018 Coll., on the protection of personal data, in the valid and effective version.

The buyer has the right of access to his personal data and the right to correct it, including the right to request an explanation and removal of an erroneous state and other legal rights to this data.

The terms of personal data processing and the specification of specific personal data with their processing, the Buyer hereby expresses his consent, are contained on the personal data processing page

The seller can further process the so-called "cookies" in order to facilitate the provision of information society services, in accordance with the provisions of Directive 95/46/EC on the purpose of "cookies" or similar tools, and it is ensured that users are aware of the information that is stored in the end device they use, for this purpose, the seller sets separate conditions for the use of cookies here. Users have the option to refuse cookies or similar tools to be stored in their end devices, e.g. by activating the anonymous browsing functionality in your browser.

Due to the prevention of criminal activity and the minimization of damages, the seller reserves the right to reject an order created by a buyer from a blocked IP address, if this IP address is on the so-called blacklist. In case of problems with the order, the buyer can contact the seller via contact email or call center.

In the event of an information system failure or force majeure, the seller is not responsible for non-compliance with operating hours.

Customers will be informed about the operating hours during public holidays at www.purecacao.eu

1. Prices

All prices listed for individual products are contractual. There are always up-to-date and valid prices in the e-shop. The prices are final, i.e. including VAT, or all other taxes and fees that the consumer must pay to obtain the goods, this does not apply to possible fees for transport etc., which are only mentioned in the so-called of the shopping basket and their amount depends on the choice of the Buyer.

Promotional prices are valid until stock is sold out when specifying the number of promotional items or for a specified period of time.

The original price means the price of the goods for which the Seller offers the goods in question without taking into account the total possible bonuses, marketing campaigns to support sales and other discount promotions in the e-shop operated by the Seller, or the price non-bindingly recommended by the manufacturer or distributor, while always displaying the price that better reflects the price level of the given product on the market.

1. Ordering

The buyer will receive the goods at the price valid at the time of ordering. The buying consumer has the opportunity to familiarize himself with the total price including VAT and all other fees (PHE and so on) before placing the order. This price will be indicated in the order and in the message confirming receipt of the order. Before placing an order, the buying consumer has the opportunity to familiarize himself with the fact for how long the offer or price remains valid.

The buyer acknowledges that at the moment the invoice is issued, the data contained in it are valid and unchangeable.

You can order in the following ways:

through the electronic store www.purecacao.eu
by email at purecacaostore@gmail.com
by phone at +421 949 502 174, from 09:00 to 16:30 during working hours. days
When placing an order, the buyer provides the following information: - as a natural person who does not act when concluding a contract at a distance within the scope of his business activity, employment or profession, he provides his first and last name, address. Enter your phone number and e-mail at the same time. – as a legal entity, please also state the business name, ID number, VAT number and place of business or Company Headquarters.

The buyer's invoicing data cannot be changed retroactively after the order has been sent.

The buyer acknowledges that there may be cases when the contract between the seller and the buyer is not concluded, especially when the buyer orders goods at a price published by mistake due to an error in the seller's internal information system. In such a case, the seller informs the buyer about such a fact.

The seller reserves the right to declare the purchase contract invalid if there has been misuse of personal data, unauthorized access to the e-shop system, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority, the buyer will be informed of such a procedure.

The buyer acknowledges that the purchase contract cannot be validly entered into in the above cases.

The buyer will be informed about the exact time of delivery of the ordered goods via e-mail. The length of delivery of the ordered goods and the shipping price depends on the shipping method that the Buyer chooses in the second step of the order in his basket.

Satisfaction verification

We determine your satisfaction with the purchase through e-mail questionnaires as part of the Verified by customers program, in which our e-shop is involved. We send them to you every time you make a purchase from us, unless in accordance with § § 62 of the Act no. 452/2021 Coll. on electronic communications, as amended, you will not refuse to send electronic mail for direct marketing purposes. We process personal data for the purpose of sending questionnaires within the Verified by customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processing intermediary, which is the operator of the Heureka.sk portal, to which we can transfer information about the purchased goods and your e-mail address for these purposes. When sending e-mail questionnaires, your personal data is not transferred to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Customer Verified program at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.

1. Withdrawal from the contract

Withdrawal from the contract by the buyer who is a consumer

Pursuant to the provisions of § 7 of the Act on Consumer Protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (Act No. 102/2014 Coll.), the buyer has the right from withdraw from the contract concluded in this way without giving a reason within 14 calendar days from the date of receipt of the goods or from the conclusion of the contract for the provision of services, while it is necessary that a letter of withdrawal from the contract be sent to the seller within the specified period. The buyer has this right even if he picked up the goods ordered via the Internet in person at the seller's outlet.

The goods should be returned by the buyer to the consumer no later than 14 days from the date of withdrawal from the contract complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which the goods were received. In the event that the returned goods are incomplete or damaged, the seller may demand from the buyer an amount corresponding to the reduction in the value of the goods (in accordance with §10 paragraph (4) of the Act on Consumer Protection for the Sale of Goods or the Provision of Services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of some laws.).

In the case of consumer goods (e.g. acrylic sealant, silicone, PU foam, etc.), it is possible to withdraw from the contract only if the buyer delivers the goods undamaged and unused in intact original packaging.

The money for the returned goods will be returned to the purchasing consumer no later than 14 days after the delivery of the notice of withdrawal from the purchase contract.

Except in cases where withdrawal from the contract is expressly agreed upon, the consumer cannot withdraw from contracts:

about 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 full provision of the service, and if the full provision of the service took place
on the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period
on the sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer
on the sale of goods that are subject to rapid deterioration or deterioration
on the 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
on the sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery
about the execution of urgent repairs or maintenance that the consumer has explicitly 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
If the buyer decides to withdraw within the specified period, we recommend that the goods be delivered to the address specified by the seller together with the accompanying letter with the possible reason for withdrawal from the purchase contract (not a condition), with the number of the purchase document and the indicated bank account number, in order to speed up the processing of the withdrawal. stating whether the amount will be paid to the account or whether it will be used for the next purchase.
The consumer acknowledges that if he withdraws from the contract, he will bear the costs of returning the goods to the seller, and if he withdraws from the contract concluded at a distance, also the costs of returning the goods, which due to their nature cannot be returned by post.

The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the right to withdraw from the contract is used, the gift contract loses its effectiveness and the buyer is obliged to return it together with the returned goods related gifts provided. In the event that these are not returned, these values ​​will be understood as unjust enrichment of the buyer. In case of withdrawal from the gift contract, the purchase contract does not expire and the contracts are considered separately from this point of view.

If all the above-mentioned conditions for returning goods are met, the buyer will be entitled to a refund of the paid financial amounts associated with the returned goods, which will be returned to the buyer no later than 14 days after withdrawal from the contract. If the account number is not provided, the amount is automatically ready for withdrawal within the same period with the help of another purchase or for collection in cash based on the presentation of the original credit note, which is sent to the customer without undue delay after the withdrawal from the purchase contract has been resolved.

Withdrawal from the contract by the buyer who is an entrepreneur
If the buyer is an entrepreneur, the buyer may be offered a substitute withdrawal from the purchase contract depending on the condition of the returned goods, the lost warranty and the current price of the returned goods. The condition of the goods is assessed by the seller. In case of non-agreement on terms acceptable to both parties, the goods will be returned at the seller's expense. The seller is entitled to charge the buyer for any additional costs incurred.

When issuing a credit note, an identity card may be required from the buyer (both consumer and entrepreneur) in order to protect the buyer's property rights.
By submitting the OP, the buyer agrees to the processing of personal data according to point II. (in accordance with Act 18/2018 Coll., On Personal Data Protection).

In order to protect the buyer's rights, if the buyer is a legal entity and will request a refund through the payment of a credit note directly at the store, the relevant amount will be paid only to persons authorized to act on behalf of the legal entity in question, i.e. to a statutory body or a person who presents himself with an officially verified power of attorney.

VII. Terms of payment

The seller accepts the following payment terms:

Payment in cash when taking over the goods at the delivery point of the contractual partner of the seller's company
Payment in advance by bank transfer

Payment online through the intermediary company Stripe
Cash on delivery upon delivery of the goods (cash is collected from the customer by the transporter)
The goods remain the property of the seller until full payment and takeover, but the risk of damage to things passes when the goods are taken over by the buyer.

VIII. Terms of Delivery

1. Methods of delivery
   The seller ensures or mediates the following delivery methods:

• personal collection
• sending by courier
• delivery to the delivery point

Individual modes of transport are offered according to the current availability of individual services and with regard to capacity and travel options. In case of force majeure or failure of the information system, the seller is not responsible for delayed delivery of goods.
All offered modes of transport, their current conditions and prices can be found on the transport and payment page

Other conditions

In the case of picking up an order that has been paid for in advance via the Internet, the seller or his contractual partner may require the presentation of an identification card (OP or passport), in order to prevent damages and prevent the legalization of proceeds from criminal activity. If the buyer is a legal entity, the delivery of the goods or reimbursement of the credit note will only be allowed to the statutory body of the given legal entity or to a person who presents himself with a verified power of attorney. Without submitting any of these documents, the seller or his contractual partner may refuse to issue the goods.

The buyer, who is an entrepreneur, is obliged (for the buyer who is a consumer, this procedure is recommended) to check the condition of the shipment (number of packages, intactness of the tape with the company logo, damage to the box) immediately upon delivery with the carrier according to the attached waybill. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract by the fact that the shipment is e.g. incomplete or damaged. If the buyer takes over the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.

An incomplete or damaged shipment must be reported immediately by e-mail to the address purecacaostore@gmail.com, a damage report must be drawn up with the carrier and sent to the seller by e-mail or post without undue delay. Additional complaints of incompleteness or external damage to the shipment do not deprive the buyer of the right to complain about the item, but they give the seller the opportunity to demonstrate that this is not a violation of the purchase contract.

1. Final provisions

Possible disputes between the Seller and the Buyer can also be resolved out of court. In such a case, the Buyer - consumer can resolve the dispute online through the designated ODR platform. Before proceeding to an out-of-court settlement of the dispute, the Seller recommends the Buyer to first contact purecacao.eu to resolve the situation.

These General Terms and Conditions are valid and effective from February 1, 2024 and cancel the previous terms of the GTC. The seller reserves the right to change the GTC without prior notice.

Return policy

The seller is responsible for defects that the sold item has when it is taken over by the buyer. In the case of used items, the seller is not responsible for defects caused by their use or wear. For items sold at a lower price, the seller is not responsible for a defect for which a lower price was negotiated.

Ownership of the purchased item passes to the buyer at the moment of payment of the purchase price for the goods. In the case of self-service sales, the ownership right to the purchased item is transferred at the moment of payment of the purchase price for the goods.

After receiving the goods, the buyer is obliged to check their quantity, quality and packaging and immediately (without unnecessary delay) notify the seller of any deficiencies. (§599 of the Civil Code)

The warranty applies only to the product listed on the delivery note and invoice and covers all defects detected during the warranty period caused by a material defect, faulty construction, or faulty processing. The warranty applies to hidden defects on the subject of delivery, but does not apply to defects caused by unprofessional handling or unprofessional intervention on the goods after they have been handed over to the buyer or his representative. Subsequent damage to the surface of the delivery item by scratching, etc. is not considered a hidden defect. (§ 619 of the Civil Code)

By acquiring the right of ownership, the risk of accidental destruction, destruction and damage to the thing passes to the buyer.

Deadlines for making a complaint

The warranty for the goods is 24 months. Warranty periods begin to run from the date of receipt of the goods by the buyer (Section 621 of the Civil Code, hereinafter referred to as "CPC"). The warranty period also applies to products sold in sales or with a discount. However, if a discount is given due to a certain defect in the goods, then this defect cannot be claimed. (§ 619 of the Civil Code)

If the period for use (expiration period) is marked on the sold goods, its packaging or the instructions, the warranty period ends when this period expires.

If the sold goods are subject to a warranty period longer than 24 months, the seller is obliged to issue the buyer with a warranty certificate indicating the warranty period. The terms and scope of this guarantee are stated in the warranty letter.

The buyer must exercise the rights from liability for defects within the warranty period, otherwise these rights expire.

Loss of entitlement to warranty claims

Claims arising from the warranty expire if the goods were:

• damaged by the consumer's transport
• mechanically damaged by unprofessional handling or poor storage after receiving the goods
• dirty and improperly cleaned
• damaged by unprofessional intervention in its construction
• degraded by excessive use or has been used for a purpose other than its normal use
• damaged by pets and so on...

Place of complaint

Obvious defects must be reported immediately by phone or email.
The seller is obliged to handle the complaint within 10 working days and in justified cases within 30 days from the application of the complaint § 18 par. 4 ZOS cit: "If the consumer makes a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights according to the general regulation. Based on the consumer's decision, which of these rights the consumer applies, he is obliged to determine the method of handling the complaint according to § 2 letter m) immediately, in complex cases no later than 3 working days from the day the claim is made, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the day the claim is made. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product."
The processing of a complaint may not take longer than 30 days (§ 18, paragraph 4 ZOS).
The buyer will deliver the claimed goods to the claim location for the purpose of assessing the validity of the claim, unless the seller decides to assess the validity of the claim differently.
The complaint does not apply to natural aging and normal wear and tear of the product.
In the event of a finding of wrongly delivered goods within a period of more than 14 days, the seller does not accept the exchange of goods

Irremovable defects

If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the purchase contract.
If it is an irreparable defect where the item can be used, the buyer has the right to a reasonable discount on the price of the goods. When determining the amount of a reasonable discount, the nature of the defect, the degree and manner of wear and tear of the item, the length of use of the item and the possibility of its further use are taken into account.

Alternative dispute resolution

The consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to submit a proposal for the initiation of alternative dispute resolution (hereinafter referred to as the "proposal") to the subject of alternative dispute resolution, if the seller responded negatively to the request or did not respond to it within 30 days from the date it was sent.
The consumer submits the proposal to the relevant entity of alternative dispute resolution, which he chooses from the list on the website of the Ministry of Economy of the Slovak Republic - http://www.mhsr.sk.
The consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to submit a proposal for the initiation of alternative dispute resolution (hereinafter referred to as the "proposal") to the subject of alternative dispute resolution, if the seller responded negatively to the request or did not respond to it within 30 days from the date it was sent.
The consumer submits the proposal to the relevant entity of alternative dispute resolution, which he chooses from the list on the website of the Ministry of Economy of the Slovak Republic - http://www.mhsr.sk.

Online dispute resolution

we inform you that you can exercise any of your rights and claims against us also within the framework of an alternative online resolved dispute. Online dispute resolution is provided by the European Commission and the Slovak contact point for online dispute resolution (RSO). In the same way, our claims against you can be asserted through the European platform.

You can file a complaint through the Online Dispute Resolution (RSO) platform on the site

http://ec.europa.eu/consumers/odr/index_en.htm

Using alternative dispute resolution saves money and time, as your complaint will be resolved within 90 days and without significant financial expenses.

In case of any problems please contact us at purecacaostore@gmail.com