Terms and Conditions

General Terms and Conditions

I. Basic provisions

1. These general terms and conditions (hereinafter referred to as the “terms and conditions”) are in accordance with the provisions of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection and on the Amendment of Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended (hereinafter the “Consumer Protection Act”), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Contract Concluded at a Distance or a Contract Concluded away from the Seller's Business Premises and on the Amendment and Supplementation of Certain Acts (hereinafter the “Distance Selling Consumer Protection Act”)

   Gabriel Lapoš

   IČ: 32364181

   DIČ: SK1020272077

   registered office: Legionárska 39, Sereď 92601

   registered in the Trade Register maintained by the Okresný úrad Galanta (Galanta District Office), No. 202-12536

   contact details: laposgabriel@gmail.com 0903266004

   www.lovoptika.sk

   (hereinafter the “seller”)

   The supervisory authority is the Slovenská obchodná
   inšpekcia (Slovak Trade Inspection Authority), the SOI Inspectorate with its seat in Trnava for the Trnava Region,
   with its registered office at Pekárska 23, 917 01 Trnava 1

   supervision enforcement department

   tel. no.: 033/ 5512 689 – 90

   fax no.: 033/ 5512 656

   e-mail: tt@soi.sk 

2. These terms and conditions govern the mutual rights and obligations between the seller and a natural person who concludes a purchase contract (hereinafter the “buyer”) through the web interface located on the website available at the internet address www.lovoptika.sk (hereinafter the “internet shop”).
3. The provisions of the terms and conditions form an inseparable part of the purchase contract. Diverging arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Slovak language.

II. Information about the goods and prices

1. Information about the goods, including the statement of the prices of the individual goods and their main characteristics, is given with each item of goods in the catalogue of the internet shop. The prices of the goods are stated inclusive of value added tax, all related charges and the costs of returning the goods where such goods cannot, by their nature, be returned by post. The prices of the goods remain valid for the period during which they are displayed in the internet shop.
2. All presentations of goods placed in the catalogue of the internet shop are of an informative nature and the seller is not obliged to conclude a purchase contract in respect of such goods.
3. Information about the costs associated with the packaging and delivery of the goods is published in the internet shop. The information about the costs associated with the packaging and delivery of the goods stated in the internet shop applies only where the goods are delivered within the territory of the Slovak Republic.
4. Any discounts from the purchase price of the goods may not be combined with one another unless the seller and the buyer agree otherwise.

III. The order and the conclusion of the purchase contract

1. The costs incurred by the buyer in using means of distance communication in connection with the conclusion of the purchase contract (the costs of the internet connection, the costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer places an order for goods in the following ways:
   • through his customer account, following prior registration in the internet shop,
   • by completing the order form without registration.
3. When placing the order, the buyer selects the goods, the number of items of goods, the method of payment and the method of delivery.
4. Before sending the order, the buyer is enabled to check and amend the data which he has entered into the order. The buyer sends the order to the seller by clicking on the ORDER WITH AN OBLIGATION TO PAY button The data stated in the order are considered by the seller to be correct. The validity of the order is conditional upon the completion of all mandatory data in the order form and upon the buyer's confirmation that he has acquainted himself with these terms and conditions.
5. Immediately upon receipt of the order, the seller shall send the buyer a confirmation of receipt of the order to the e-mail address which the buyer entered when placing the order. This confirmation is automatic and is not deemed to constitute the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only upon acceptance of the order by the seller. The notification of acceptance of the order is delivered to the buyer's e-mail address. / Immediately upon receipt of the order, the seller shall send the buyer a confirmation of receipt of the order to the e-mail address which the buyer entered when placing the order. This confirmation is deemed to constitute the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order to the buyer's e-mail address.
6. In the event that the seller is unable to meet any of the requirements stated in the order, he shall send the buyer an amended offer to his e-mail address. The amended offer is deemed to constitute a new proposal for a purchase contract and the purchase contract is in such case concluded by the buyer's confirmation of acceptance of this offer to the seller at his e-mail address stated in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer may cancel the order until the notification of acceptance of the order by the seller has been delivered to the buyer. The buyer may cancel the order by telephone on the telephone number or by e-mail at the e-mail address of the seller stated in these terms and conditions.
8. In the event that an obvious technical error has occurred on the part of the seller in the statement of the price of the goods in the internet shop, or in the course of the ordering process, the seller is not obliged to supply the goods to the buyer at this entirely obviously erroneous price, even in the event that the buyer has been sent an automatic confirmation of receipt of the order pursuant to these terms and conditions. The seller shall inform the buyer of the error without undue delay and shall send the buyer an amended offer to his e-mail address. The amended offer is deemed to constitute a new proposal for a purchase contract and the purchase contract is in such case concluded by the confirmation of acceptance by the buyer to the seller's e-mail address.

IV. Customer account

1. On the basis of the buyer's registration carried out in the internet shop, the buyer may access his customer account. From his customer account the buyer may place orders for goods. The buyer may also order goods without registration.
2. When registering a customer account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data stated in the user account upon any change. The data stated by the buyer in the customer account and when ordering goods are considered by the seller to be correct.
3. Access to the customer account is secured by a user name and a password. The buyer is obliged to maintain confidentiality regarding the information necessary for access to his customer account. The seller bears no liability for any misuse of the customer account by third parties.
4. The buyer is not entitled to enable third parties to use the customer account.
5. The seller may cancel the user account, in particular where the buyer has not used his user account for a longer period, or where the buyer breaches his obligations under the purchase contract or under these terms and conditions.
6. The buyer acknowledges that the user account need not be available continuously, in particular having regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

V. Payment terms and delivery of the goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
   • by cashless transfer to the seller's bank account,
   • by cash on delivery upon handover of the goods,
   • in cash upon personal collection at the business premises.
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price is hereinafter understood to include also the costs associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 3 days of the conclusion of the purchase contract.
4. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's bank account.
5. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before the dispatch of the goods is not an advance payment.
6. Pursuant to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time he is obliged to register the sale received with the tax administrator online, or, in the event of a technical failure, no later than within 48 hours
7. The goods are delivered to the buyer:
   • to the address specified by the buyer in the order,
   • by personal collection at the seller's business premises.
8. The choice of the method of delivery is made during the ordering of the goods.
9. The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and in the seller's confirmation of the order. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
10. If, under the purchase contract, the seller is obliged to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take receipt of the goods upon delivery. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.
11. Upon receipt of the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier thereof without delay. Where damage to the packaging is found which indicates unauthorised entry into the consignment, the buyer need not take receipt of the consignment from the carrier.
12. The seller shall issue a tax document – an invoice – to the buyer. The tax document is sent to the buyer's e-mail address. / The tax document is enclosed with the goods delivered.
13. The buyer acquires title to the goods upon payment of the entire purchase price for the goods, including the costs of delivery, but at the earliest upon receipt of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take receipt of the goods but, in breach of the purchase contract, failed to do so.

VI. Withdrawal from the contract

1. A buyer who has concluded the purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
2. Where the purchase contract is concluded at a distance (through the internet shop) or away from the seller's business premises, and where at the same time the seller has duly and in good time provided the buyer with information about the right to withdraw from the purchase contract, about the conditions, the period and the procedure for exercising the right of withdrawal from the purchase contract, including the form for withdrawal from the purchase contract (in accordance with the provision of Section 3(1)(h) of the Distance Selling Consumer Protection Act), and subject to the simultaneous fulfilment of the circumstances required by law, the buyer has, pursuant to the Distance Selling Consumer Protection Act, the right to withdraw from the purchase contract without giving a reason and without any penalty.
3. The period for withdrawal from the contract is 14 days
   • from the moment of receipt of the goods which were delivered last, where the subject of the purchase contract is ordered goods which are delivered separately
   • from the moment of receipt of the last part or the last item, where the subject of the purchase contract is several types of goods or the delivery of several parts,
   • from the moment of receipt of the first goods delivered, where the subject of the purchase contract is goods which are delivered over a defined period.
4. The buyer acknowledges that, in accordance with the provision of Section 7(6) of the Distance Selling Consumer Protection Act, he may not, among other things, withdraw from a purchase contract for:
   • the provision of a service, where the provision thereof commenced with the express consent of the consumer and the consumer declared that he had been duly informed that by expressing such consent he loses the right to withdraw from the contract once the service has been provided in full, and where the service has been provided in full,
   • the sale of goods or the provision of a service whose price depends on movements in prices on the financial market which the seller cannot influence and which may occur during the running of the period for withdrawal from the contract,
   • the sale of goods made to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
   • the sale of goods which are subject to rapid deterioration in quality or to spoilage,
   • the sale of goods enclosed in protective packaging which it is not appropriate to return for reasons of the protection of health or for hygiene reasons and whose protective packaging was damaged after delivery,
   • the sale of goods which may, by reason of their nature, after delivery be inseparably mixed with other goods,
   • the sale of alcoholic beverages whose price was agreed at the time of the conclusion of the contract, where their delivery may be effected at the earliest after 30 days and their price depends on movements in market prices which the seller cannot influence,
   • the carrying out of urgent repairs or maintenance which the consumer has expressly requested from the seller; this does not apply to contracts for services and contracts whose subject is the sale of goods other than spare parts needed for the carrying out of the repair or maintenance, where they were concluded during a visit by the seller to the consumer and the consumer did not order such services or goods in advance,
   • the sale of sound recordings, visual recordings, audio-visual recordings, books or computer software sold in protective packaging, where the consumer has unwrapped such packaging,
   • the sale of periodicals, with the exception of sale on the basis of a subscription agreement, and the sale of books not delivered in protective packaging,
   • the provision of accommodation services for a purpose other than accommodation, the transport of goods, the hire of motor vehicles, the provision of catering services or the provision of services relating to leisure-time activities, and under which the seller undertakes to provide these services at an agreed time or within an agreed period,
   • the provision of electronic content otherwise than on a tangible medium, where the provision thereof commenced with the express consent of the consumer and the consumer declared that he had been duly informed that by expressing such consent he loses the right to withdraw from the contract.
5. In order to observe the period for withdrawal from the purchase contract, the buyer must send any unequivocal statement expressing his will to withdraw from the purchase contract, and that within the period set out in paragraph 3 of Article VI of these terms and conditions.
6. For withdrawal from the purchase contract, the buyer may use any model form sent to the seller's e-mail address.
7. A buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of the withdrawal from the purchase contract. The buyer bears the costs of returning the goods to the seller, and that also in the event that the goods cannot, by reason of their nature, be returned by post.
8. If the buyer withdraws from the purchase contract, the seller shall return to him without undue delay, but no later than within 14 days of the withdrawal from the purchase contract, all monies, including the costs of delivery, which he received from him, and that by the same means. The seller shall return the monies received to the buyer by other means only where the buyer consents thereto and where no further costs arise to him thereby.
9. Where the buyer has chosen a method of delivery of the goods other than the cheapest method offered by the seller, the seller shall return to the buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.
10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the monies received to the buyer before the buyer hands over the goods to him or demonstrates that he has dispatched the goods to the seller.
11. The buyer must return the goods to the seller undamaged, unworn and unsoiled and, where possible, in the original packaging. The seller is entitled unilaterally to set off a claim for compensation for damage arisen on the goods against the buyer's claim for the return of the purchase price.
12. The seller is entitled to withdraw from the purchase contract by reason of the stock being sold out, the unavailability of the goods, or where the manufacturer, importer or supplier of the goods has discontinued the production or the importation of the goods. The seller shall inform the buyer without undue delay by means of the e-mail address stated in the order and shall return, within a period of 14 days from the notification of the withdrawal from the purchase contract, all monies, including the costs of delivery, which he received from him on the basis of the contract, and that by the same means, or by means specified by the buyer.

VII. Rights arising from defective performance

1. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that, at the time when the buyer took receipt of the goods:
   • the goods have the characteristics which the parties agreed and, in the absence of such an arrangement, they have such characteristics as the seller or the manufacturer described or as the buyer expected having regard to the nature of the goods and on the basis of the advertising carried out by them,
   • the goods are fit for the purpose which the seller states for their use or for which goods of the same kind are commonly used,
   • the goods correspond in quality or workmanship to the agreed sample or model, where the quality or the workmanship was determined according to an agreed sample or model,
   • the goods are in the corresponding quantity, measure or weight, and
   • the goods comply with the requirements of legal regulations.
2. The seller has obligations arising from defective performance at least to the extent to which the manufacturer's obligations arising from defective performance subsist. The buyer is otherwise entitled to exercise a right arising from a defect which appears in consumer goods within a period of twenty-four months from receipt.
3. Where a period during which the goods may be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the guarantee of quality shall apply. By a guarantee of quality the seller undertakes that the goods will for a certain period be fit for use for the usual purpose or that they will retain their usual characteristics. Where the buyer has justifiably notified the seller of a defect in the goods, neither the period for exercising rights arising from defective performance nor the guarantee period runs for the period during which the buyer cannot use the defective goods.
4. The provisions set out in the preceding paragraph of the terms and conditions shall not apply, in the case of goods sold at a lower price, to the defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, in the case of used goods to a defect corresponding to the degree of use or wear which the goods had when received by the buyer, or where this follows from the nature of the goods. The buyer is not entitled to a right arising from defective performance if, before taking receipt of the goods, he knew that the goods had a defect, or if the buyer himself caused the defect.
5. In the event of the occurrence of a defect, the buyer may submit a complaint to the seller and demand:
   • replacement with new goods,
   • repair of the goods,
   • a reasonable discount from the purchase price,
   • to withdraw from the contract.
6. The buyer has the right to withdraw from the contract,
   • where the goods have a material defect,
   • where he cannot properly use the item because of the repeated occurrence of a defect or of defects after repair,
   • in the case of a larger number of defects in the goods.
7. A material breach is such a breach of the purchase contract of which the party breaching the contract knew or must have known already at the conclusion of the contract that the other party would not have concluded the contract had it foreseen such breach.
8. In the case of a defect which constitutes an immaterial breach of the contract (irrespective of whether it is a remediable or an irremediable defect), the buyer is entitled to the removal of the defect or to a reasonable discount from the purchase price.
9. Where a case has occurred of a remediable defect recurring after repair (usually a third complaint in respect of the same defect or a fourth complaint in respect of different defects) or where the goods have a larger number of defects (as a rule at least three defects at the same time), the buyer has the right to assert a claim for a discount from the purchase price, for the replacement of the goods or to withdraw from the contract.
10. When making a complaint, the buyer is obliged to notify the seller which right he has chosen. A change of the choice without the seller's consent is possible only where the buyer requested the repair of a defect which proves to be irremediable. Where the buyer does not choose his right arising from a material breach of the contract in good time, he has the same rights as in the case of an immaterial breach of the contract.
11. Where repair or replacement of the goods is not possible, the buyer may, on the basis of withdrawal from the contract, demand the return of the purchase price in full.
12. If the seller demonstrates that the buyer knew of the defect in the goods before receipt or caused it himself, the seller is not obliged to accede to the buyer's claim.
13. The buyer may not make a complaint in respect of discounted goods on the ground for which the goods in question are discounted.
14. The seller is obliged to accept a complaint at any business premises at which the acceptance of a complaint is possible, or also at the registered office or the place of business. The seller is obliged to issue to the buyer a written confirmation of when the buyer exercised the right, what the content of the complaint is and what method of settlement of the complaint the buyer requires, as well as a confirmation of the date and the method of settlement of the complaint, including a confirmation of the carrying out of the repair and of its duration, or a written statement of the reasons for the rejection of the complaint.
15. The seller or an employee authorised by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably required, according to the type of product or service, for an expert assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, no later than within 30 days from the date on which the complaint was made, unless the seller agrees a longer period with the buyer. The futile expiry of this period is deemed to be a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment at which the complaint is made is deemed to be the moment at which the buyer's expression of will (the exercise of the right arising from defective performance) reaches the seller.
16. The seller shall inform the buyer in writing of the outcome of the complaint.
17. The buyer is not entitled to a right arising from defective performance if, before taking receipt of the item, the buyer knew that the item had a defect, or if the buyer himself caused the defect.
18. In the case of a justified complaint, the buyer has the right to reimbursement of the costs purposefully incurred in connection with the making of the complaint. The buyer may assert this right against the seller within a period of one month after the expiry of the guarantee period; otherwise the court need not grant it.
19. The choice of the method of the complaint rests with the buyer.

VIII. Service of documents

1. The contracting parties may deliver all written correspondence to one another by means of electronic mail.
2. The buyer delivers correspondence to the seller at the e-mail address stated in these terms and conditions. The seller delivers correspondence to the buyer at the e-mail address stated in his customer account or in the order.

IX. Personal data

1. All information which you state in the course of our cooperation is confidential and we shall treat it as such. Unless you give us written consent thereto, we shall not use data about you in any manner other than for the purpose of performance under the contract, with the exception of the e-mail address, to which commercial communications may be sent to you, since this procedure is permitted by law if you do not refuse it. These communications may relate only to similar or related goods and it is possible to unsubscribe from them at any time in a simple manner (by sending a letter or an e-mail or by clicking through to the link in the commercial communication). The e-mail address will be retained for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
2. More detailed information about the protection of personal data can be found in the privacy policy HERE.

X. Out-of-court settlement of disputes

1. The body competent for the out-of-court settlement of consumer disputes arising from the purchase contract is the Slovenská obchodná inšpekcia (Slovak Trade Inspection Authority), with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk. The platform for the online resolution of disputes located at the internet address http://ec.europa.eu/consumers/odr may be used in the resolution of disputes between the seller and the buyer arising from the purchase contract.
2. The Európske spotrebiteľské centrum Slovenská republika (European Consumer Centre Slovak Republic), with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212, Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on online dispute resolution for consumer disputes).
3. The seller is authorised to sell goods on the basis of a trade licence. Trade licence supervision is carried out, within the scope of its competence, by the competent trade licensing authority. The Slovenská obchodná inšpekcia carries out, to a defined extent, among other things, supervision over compliance with the Consumer Protection Act and the Distance Selling Consumer Protection Act .

XI. Final provision

1. All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the rights of the consumer arising from generally binding legal regulations.
2. The seller is not bound in relation to the buyer by any codes of conduct within the meaning of the provision of Section 3(1)(n) of the Distance Selling Consumer Protection Act.
3. All rights to the seller's web pages, in particular the copyright to the content, including the layout of the page, photographs, films, graphics, trade marks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the web pages or any part thereof without the seller's consent.
4. The seller bears no liability for errors arising as a result of interference by third parties with the internet shop or as a result of its use contrary to its designation. When using the internet shop, the buyer must not use procedures which could have a negative effect on its operation and must not carry out any activity which could enable him or third parties to interfere without authorisation with, or to use without authorisation, the software or other components constituting the internet shop, and to use the internet shop or parts thereof or the software in such a manner as would be contrary to its designation or purpose.
5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
6. The seller may amend or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
7. An annex to the terms and conditions is the model form for withdrawal from the contract.

These terms and conditions take effect on 24. 8. 2021