GENERAL TERMS AND CONDITIONS
of the Seller – ProfiDENT s.r.o., Námestie slobody 13, 811 06 Bratislava, ID: 17 327 733, TIN: 2020332501, VAT: SK2020332501, incorporated in the Commercial Register of the Bratislava I District Court , Section Sro, Insert No. 1299/B (these General Terms and Conditions hereinafter referred to as “GTC”).
Slovak Trade Inspection (SOI), Inspectorate for Bratislava Region, Bajkalská 21/A, P.O. Box 5, 820 07 Bratislava, Department of Technical Product Inspection and Consumer Protection, phone: +421(0)2/ 58272 172-3, fax: +421(0)2/ 58272 170
1. GENERAL PROVISIONS
1.1. These GTC apply to contractual relationships between the Seller and the Buyer which arise upon the conclusion between them of a purchase agreement and form a part thereof. The Buyer may be either a natural person or a legal entity. The Buyer’s purchase of merchandise from the Seller’s e-shop www.splashbrush.sk constitutes the conclusion a purchase agreement between them. The Seller and the Buyer may agree to provisions derogating from the GTC and shall expressly do so in any purchase agreement they conclude. In such a case, the provisions of the purchase agreement prevail over the GTC.
1.2. The Buyer accedes to the Seller’s GTC, which form an integral part of every purchase agreement and are always accessible at the Seller’s website, when it completes an order form, indicated as “Order” (hereinafter “Order”) and confirms knowledge of the GTC. The Seller operates the e-shop system (“Shop”) through its website.
1.3. Contractual relationships (as well as any legal relationships that may arise therefrom) with natural persons not acting within the scope of their commercial activities when they enter into a purchase agreement defined in the GTC are subject, in addition to the general provisions of Act 40/1964 the Civil Code, as amended, to specific regulations, in particular Act 102/2014 on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or an off-premises contract and Act 250/2007 on consumer protection. Contractual relationships (as well as any legal relationships that may arise therefrom) with legal entities or self-employed natural persons are subject to the general provisions of Act 513/1991 the Commercial Code, as amended.
1.4. The Buyer is any person (either a natural person or a legal entity) that has completed and submitted an Order to the Seller’s website, received an emailed notification of the Order’s receipt, and paid the purchase price. The Buyer is likewise any person that has either phoned or emailed an Order, and has confirmed either verbally or in an email the acceptance of the Seller’s quote and agreement with the GTC.
1.5. “Order” means an order form, indicated as “Order” and processed by the e-shop system, which the Buyer has completed and sent. Should the Buyer not opt to use the order form referred to in the preceding sentence, the Order will then be accordingly considered a phoned or emailed order, or an order sent through the post to the Seller’s address. An Order contains information about the customer and the ordered product. “Product” means particularly oral hygiene aids (toothbrushes, toothpaste, mouthwashes and the like). An invoice will be automatically generated pursuant to an Order for the customer to pay the purchase price. Should the Buyer not opt to use the order form, but instead to phone, email or send an Order through the post to the Seller’s address, the Seller will either email a quote to the Buyer or present it verbally. Subsequently, it will send the Buyer information about payment.
2. ORDERING A PRODUCT – ENTERING INTO A PURCHASE AGREEMENT
2.1. The Buyer may propose the concluded purchase agreement to include electronic ordering of Products through a completed order form, indicated as “Order”, and subsequent payment of the full purchase price and postage (where postage shall not be paid by the Buyer if the Seller so stipulates it according to a certain purchase amount and the Seller’s current offering). The purchase price is deemed to have been paid on the date when funds are credited to the Seller’s account.
2.2. Delivery by the Seller of a confirmed receipt of an Order does not constitute the conclusion of a purchase agreement. Upon service of the confirmed receipt of the Order, the Seller shall verify the availability of the merchandise and the purchase agreement shall be concluded after binding acceptance of the Buyer’s proposal to enter thereunto, to be included in an emailed confirmation that the ordered Product is ready for shipment.
2.3. “Proposal to enter unto a purchase agreement” also means the Seller’s sending of a quote based on the Buyer’s phoned or emailed Order. In this case, the purchase agreement is concluded in a written (or electronic) quote from the Buyer or a verbal, phoned or emailed confirmation by the Buyer. Furthermore in this case, the Buyer shall be obliged to pay the purchase price pursuant to an invoice issued and delivered by the Seller to the Buyer. The invoice will be transmitted electronically.
3. PURCHASE PRICE, PAYMENT TERMS AND PAYMENT OPTIONS
3.1. The price for Products ordered through the electronic shop (“Purchase Price”) is indicated at the e-shop found at www.splashbrush.sk. The Purchase Price for a specific Product is unequivocally indicated for every Product. Legal tender for transactions is the euro. If an Order is placed within the meaning of Art. 2 (2.3) of the GTC, the Seller will either email the Buyer a quotation or quote the Purchase Price to the Buyer over the phone. The Buyer is entitled to use discount codes or coupons, if available, to receive a discount off the base price of merchandise. The Seller provides no guarantee that Purchase Prices will remain the same for the same ordered Product over any period of time. For the avoidance of doubt, the Purchase Price generated from a specific Order will not change if it is paid before the deadline for payment. The Purchase Price of Products does not include shipping and other costs related to their delivery. The cost quoted on the website does not include insurance on its delivery. Insurance has to be negotiated with the Seller separately if the Buyer wishes to have the shipped Products insured.
3.2. The information the Buyer provides to the Seller in the order form will be used for the purpose of providing a specific service, i.e. processing the Order and delivering merchandise to the Buyer, while any further processing, within the realm of protecting personal data, is specified in the Privacy Notice.
3.3. Payment options and charges:
1. Cash on delivery charge – € 1.99.
2. Bank transfer – no charge
3. Electronic payment – no charge
4. Payment for personally collecting merchandise at the company – no charge
3.4. Electronic payments are made through the GOPAY payment gateway. The Buyer can also pay with VISA, VISA Electron, MasterCard, Maestro and Diners Club. After placing an Order, the Buyer will be redirected to the GOPAY interface to complete payment thereof. If payment is processed properly and the correct data is entered, the Buyer will receive a notification of successful payment. Any unsuccessful payment will be likewise communicated to the Buyer. Payment will then need to be made again or else the Order will not be processed.
4. DELIVERY OF PRODUCTS
4.1. The Seller is obliged to deliver Products to the Buyer in the ordered volume and quality. Any Orders will be processed by the Seller in the sequence wherein they have been received. The Seller is obliged to fill the Order and deliver the merchandise within a period no later than 30 days from when the Purchase Price has been credited to the Seller’s account. Notwithstanding, merchandise is usually shipped within three (3) workdays for delivery to the Buyer within seven (7) days, if possible.
4.2. If the Seller is unable to deliver an ordered Product to the Buyer, even though a purchase agreement has been concluded, the Seller will be obliged to communicate it to the Buyer forthwith and, within 14 days, either agree on the next course of action or refund the Purchase Price paid for the Product, unless the Seller and the Buyer agree to an alternative. The contractual relationship between the Seller and the Buyer shall be automatically terminated upon the refund of the Purchase Price paid.
4.3. The place of supply of an ordered Product is the address specified by the Buyer in the Order. The Seller shall deliver the Product into the hands of the Buyer (or to a person whom the Buyer has given written authorization to take delivery of the Product) either by its own means or through shipping and forwarding companies acting as third parties. A product can also be delivered by handing it over to the Buyer either at a place the Buyer (or a person whom the Buyer has given written authorization to take delivery of the Product) has designated or by handing the Product over to the first carrier for transport.
4.4. The shipped Product shall be suitably and securely packaged for transport. The Buyer’s signature on the shipping/delivery note accepting the Product confirms that, in addition to delivery thereof, the packaging has not been damaged and the Product has been delivered completely in accordance with the Order. The Buyer is required to inspect the shipment, i.e. the merchandise and its packaging, immediately upon delivery and in the presence of a representative from the Seller or the carrier. Should the existence of any defect in the merchandise be detected, the representative from the Seller or the carrier is obliged to let the Buyer make a record of the scope and nature thereof, whose accuracy shall be confirmed by either the representative from the Seller or the carrier.
4.5. The accounting documents will be ordinarily delivered electronically, unless the Buyer requests a hard copy thereof to be supplied.
5. ACCEPTANCE OF A PRODUCT
5.1. The Buyer is obliged to accept the ordered Product which has been delivered by the Seller to the place of supply specified in the Order, properly and on time; to pay to the Seller the agreed Purchase Price by the agreed deadline for payment, including the cost of delivering the merchandise; and to confirm the acceptance thereof with either the Buyer’s signature or the signature of whomever the Buyer has authorized to accept the merchandise.
5.2. If the Buyer fails within the agreed period of time to take delivery of a shipment which has been delivered to the place of supply specified by the Buyer and where the Buyer has chosen to pay cash on delivery, the shipment shall be returned as undelivered to the Seller. Upon the expiry of the period for accepting the merchandise, without it ever having been accepted, the purchase agreement shall be thereby terminated for the Buyer’s failure to comply with the obligation to pay the Purchase Price.
5.3. Title to the Product shall pass to the Buyer at the moment when the Purchase Price has been paid.
5.4. Risk of damage to the Product and liability for damage thereto shall pass to the Buyer upon receipt thereof, irrespective of whether the Buyer takes delivery thereof in person or through whomever the Buyer authorizes or empowers. In the case referred to in 5.2 of this Article hereof, risk of damage to the Product and liability for damage thereto shall pass to the Buyer on the date when the Buyer fails to take delivery thereof at the first attempt to deliver it.
6. SHIPPING COSTS
6.1. The Seller’s shipping costs are not included in the Purchase Price of the Product. These costs will be will be specified either in the invoice or the emailed quotation, and the Buyer undertakes to pay them together with the Purchase Price. Shipping costs are also indicated when the Order is filled at the e-shop. The following costs for transport (including VAT) will be added in accordance with the Buyer’s preferences (and also includes packaging and handling).
Within Slovakia, these costs are as follows:
- Delivery by DEPO courier service – €3.50 (free of charge for purchases over €24.00)
- Delivery to a Packet delivery point – €2.50 (free of charge for purchases over €24.00)
In the Czech Republic:
- Delivery to a Packet delivery point – €3.50 (free of charge for purchases over €24.00)
- By agreement between the Buyer and the Seller.
6.2. Insurance is separately charged, shall be paid by the Buyer, and agreed only upon the Buyer’s express request.
7. BUYER’S NOTICE OF WITHDRAWAL FROM A PURCHASE
AGREEMENT: A consumer cannot withdrawal from an agreement under Section 7 (6) (c) of Act No. 102/2014 on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller, for the sale of goods made to a consumer’s specific requirements, custom-made goods or goods intended specifically for a single consumer.
ONLY BUYERS WITH CONSUMER STATUS IN THE MEANING OF APPLICABLE STATUTORY PROVISIONS HAVE THE OPTION OF WITHDRAWING FROM A PURCHASE AGREEMENT.
7.1. Provisions of Section 7 of Act 102/2014 on the protection of consumers in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on the amendment of certain laws (“Distance Contract Consumer Protection Act”) entitle the Buyer to withdraw from a thereby concluded agreement, without cause, within 14 calendar days from the taking over of merchandise or conclusion of an agreement for the provision of services, although a notice of withdrawal has to be given to the Seller within the aforementioned time period. The Buyer has this right even if the goods have been ordered from the internet and picked up in person where the Seller dispenses the merchandise.
7.2. The Buyer, as a consumer, is obliged to return or transmit the merchandise to the Seller, or whomever the Seller authorizes to take back the merchandise, within 14 days of withdrawing from the agreement. The deadline specified in the first sentence is considered to have been met when the merchandise is handed over for carriage at latest on the date of the deadline. The Buyer, as a consumer, hereby acknowledges that, upon withdrawing from the agreement, the Buyer bears only the costs of returning the merchandise to the Seller or whomever the Seller authorizes to take it back. This provision does not apply should the Seller either consent to bear the costs alone or if the obligation referred to in Section 3 (1) (i) of the Distance Contract Consumer Protection Act (Act 102/2014) were not met.
7.3. Section 10 (4) of the Distance Contract Consumer Protection Act holds the Buyer liable for any diminished value of merchandise resulting from handling other than what is necessary to establish the nature, characteristics and functioning thereof. The merchandise should be returned by the Buyer, as a consumer, in full, with the complete documentation, undamaged, clean and including the packaging, in the condition and value wherein the merchandise had been received. In the case of consumer goods (e.g. toothbrushes and the like), the Buyer is permitted to withdraw from the agreement only if the Buyer returns the merchandise undamaged, unused and intact in the original packaging.
7.4. The Seller is obliged without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal, to refund all payments to the Buyer, as a consumer, which have been received from the Buyer pursuant to a concluded purchase agreement or in connection therewith. This does not cover any additional costs if the Buyer opts for a different method of returning the Product than the least expensive conventional method the Seller offers. Payment will be made by the Buyer using the same method for paying the Purchase Price and any related costs unless the Buyer has expressly agreed to a different payment method without charging any additional fees.
7.5. When issuing a credit note, the Buyer, as a consumer, may be required to present a personal identification card or other proof of identity for the purpose of protection the Buyer’s property and ownership rights. The Seller will only check the data on the identity document and the proof will not be scanned or copied for this purpose.
7.6. Except in cases where withdrawal has been expressly negotiated, the Buyer, as a consumer, is not permitted to withdraw from agreements whose subject isthe provision of a service which
- has commenced with the Buyer’s express consent and the Buyer, as a consumer, has declared that he or she has been duly instructed and, by expressing such consent the Buyer forfeits his or her right to withdraw from the agreement once the service has been fully rendered, and,
- when the service has been fully rendered, or merchandise has been sold, or services have been provided whose price depends on price movements in financial markets beyond the Seller’s control and which may occur while the Buyer is withdrawing from the contract;
- the sale of merchandise made to the consumer’s specific requirements; merchandise made to measure or merchandise intended specifically for a single consumer; the sale of merchandise subject to rapid deterioration or perishability; the sale of merchandise enclosed in protective packaging not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery;
- the sale of merchandise whose nature may mix it inextricably with other merchandise after delivery; the sale of alcoholic beverages whose price has been agreed at the time of the contract’s conclusion, whose delivery can take place at the earliest after 30 days, and whose price depends on movements in the market beyond the Seller’s control;
- and urgent repairs or maintenance expressly requested by the Buyer and carried out by the Seller. This shall not apply to service contracts and contracts for the sale of merchandise other than spare parts necessary for the repair or maintenance were they concluded while the Seller is visiting the Buyer and the Buyer, as a consumer, has not pre-ordered those services or goods;
- the sale of sound recordings, visual recordings, phonograms, audio-visual recordings, books or computer software sold in protective packaging had the Buyer unwrapped 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 accommodation services for purposes other than accommodation; carriage of merchandise; the hiring of cars; the provision of catering services or the provision of services relating to leisure activities and pursuant whereto the Seller undertakes to provide those services at the agreed time or within the agreed period;
- the provision of electronic content other than on a tangible medium, where the provision of that content has been initiated with the Buyer’s express consent and the Buyer has declared that he or she has been duly informed that his or her right of withdrawal will be forfeited by expressing consent thereto.
7.7. If the Buyer, as a consumer, opts to withdraw from a contract within the above mentioned period, in order to streamline the withdrawal from the contract it should be served to the Seller’s address together with the attached withdrawal from the purchase agreement, proof-of-purchase number and the Buyer’s specified bank account number.
7.8. Where gifts are provided with the merchandise, the gift contract between the Seller and the Buyer shall be concluded with the condition that, should the right of withdrawal be exercised, the gift contract shall become null and void with the Buyer obliged to return the related gifts provided together with the returned goods.
7.9. Payment made for purchased goods will be refunded to the Buyer after either the Product has been returned to the Seller’s address or proof has been submitted of the product having been sent back, whichever comes first.
7.10. Were the Buyer, as a legal entity, to withdraw from the contract, either statutory conditions specified in the Commercial Code or in individually concluded contracts shall therefore apply.
7.11. The Buyer, as a legal entity, may cancel the Order it has placed exclusively through the order form, indicated as “Order” with no monetary penalty and within 24 hours from the date when a payment order has been entered to pay the Purchase Price, although at latest before it has been credited to the Seller’s account, and the Buyer is accordingly obliged to email written notification to the Seller thereof at firstname.lastname@example.org. The Seller undertakes to return the merchandise to the Buyer within 15 days had it been credited to the Seller’s account, unless the Buyer and the Seller agree on an alternative. Such a cancellation is not possible should the Seller’s quotation have been accepted in a confirmation email.
7.12. Should an Order be canceled after the Purchase Price has been credited to the Seller’s account or were the Buyer, as a consumer, not to notify the Seller in accordance with Section 7.11 of this Article hereof, the Seller shall not be obliged to accept the Order’s cancellation and the purchase agreement is deemed to have been duly concluded.
7.13. The Seller will not accept the refund of a Product through a cash on delivery service and, for legal reasons, the Product has to be returned by the Buyer in a regular postal package or by a mail order company.
7.14 The Seller’s contact data, should the Buyer withdraw from an agreement or have a complaint referred to in the following Article, is: ProfiDENT s. r. o., Námestie slobody 13, 811 06 Bratislava, +421(0)907 918 933, email: email@example.com
8. LIABILITY FOR DEFECTS, WARRANTY, AND COMPLAINTS
8.1. An integral part of the GTC is the Return Policy, which is presented as a separate document to outline the Buyer’s rights and to provide better clarity.
The applicable version of these GTC is the version published at the website of the Seller – ProfiDENT s.r.o. (www.splashbrush.sk).
The effective date of the General Terms and Conditions is 1 January 2021.
Document version: GTC-01/2021