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 issued by:

S&L Consulting s.r.o

Company ID: 50405713

Tax ID: 2120312799

with registered office at: Gen. Viesta 1670/34 911 01 Trenčín

registered at the District Court of Trenčín, File number 33342/R  sect. Ltd.

emailinfo@blacksticks.eu

telephone +421949246823

 

(hereinafter referred to as the "seller")

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer or within their business activity (hereinafter referred to as: "Buyer") via the web interface located on the website available at the Internet address www.amoredicaffe.sk (hereinafter referred to as the "online store").

3. The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating agreement in the purchase contract takes 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 goods and prices

1. Information about the goods, including the price of the individual goods and their main features, are provided for the individual goods in the catalog of the online store. The prices of the goods are stated including value added tax, all related fees and costs for returning the goods, if the goods cannot be returned by normal postal means by their nature. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed terms.

2. All presentation of the goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3. Information on the costs associated with packaging and delivery of the goods is published in the online store. Information on the costs associated with packaging and delivery of the goods stated in the online store is valid only in cases where the goods are delivered within the territory of the Slovak Republic.

4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase contract

1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid 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, if he has previously registered in the online store,
  • by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the Order binding for payment button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of the contract. The confirmation is attached to the current terms and conditions of the seller. The purchase contract is concluded only after the seller has accepted the order. The notification of receipt of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. The confirmation is attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.

6. In the event that the seller cannot meet any of the requirements specified in the order, he will send the buyer an email to his email address.amended offer. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer has received a notification of acceptance of the order by the seller. The buyer may cancel the order by calling the seller's phone number or by sending an electronic message to the seller's email, both specified in these terms and conditions.

8. In the event that there was an obvious technical error on the seller's part when indicating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has been sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

IV. Customer account

1. Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow the use of the customer account by third parties.

5. The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract and these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially with 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 goods

1. The buyer can 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 bank transfer to the seller's bank account No. SK46 7500 0000 0040 2766 2512, maintained at ČSOB a.s.
  • by bank transfer by card
  • by bank transfer to the seller's account via the Shoptet Pay payment gateway,
  • by cash on delivery upon receipt of the goods.

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 contractual amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 3 days of concluding the purchase contract.

4. In the case of payment via a payment gateway, the buyer shall proceed according to the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before shipping the goods is not an advance payment.

7. According to the Sales Registration Act, the seller is obliged to issue a cash receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure then no later than within 48 hours.

8. The goods are delivered to the buyer:

  • to the address specified by the buyer in the order
  • through the delivery office to the address of the delivery office specified by the buyer,
  • by personal collection at the seller's premises.

9. The choice of the delivery method is made during the ordering of the goods.

10. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If the seller, according to the purchasecontract is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that, for reasons on the buyer's part, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

13. The seller will issue the buyer a tax document - invoice. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

VI. Withdrawal from the contract

1. The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract without giving any reason.

2. The withdrawal period is 14 days

  • from the date of receipt of the goods,
  • from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
  • from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

3. The buyer may not withdraw from the purchase contract, among other things:

  • for the provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period and the seller notified the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract and if the service has been fully provided,
  • for the delivery of goods or services, the price of which depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
  • for the delivery of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, which may be delivered only after the expiration of thirty days and the price of which depends on market fluctuations independent of the seller's will,
  • for the delivery of goods that have been modified according to the buyer's wishes, custom-made goods or goods intended specifically for one buyer,
  • for the delivery of goods that are subject to perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery due to their nature,
  • on the delivery of goods in closed packaging that are not suitable for return for health protection or hygiene reasons and whose protective packaging has been broken after delivery, 

    and that is why it is not possible to withdraw from an opened package of bean or ground coffee within 14 days.

    In the case of an open package of purchased PODs (an open box containing individually packaged pods), the Consumer may withdraw from the purchase contract within 14 days, however, the refunded amount will be reduced pro rata by the number of used/spent pods from the original package.

  • on the supply of sound recordings, video recordings, audio-visual recordings, books or computer software, if they are sold in a protective packaging and the buyer has unpacked this packaging,
  • on the supply of newspapers, periodicals or magazines, with the exception of sales based on a subscription agreement and the sale of books not supplied in a protective packaging,
  • on the supply of electronic content other than on a physical medium, if its provision began with the explicit consent of the buyer and the buyer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract,
  • in other cases specified in Section 7(6) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's business premises, as amended.


4. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller will confirm receipt of the form to the buyer without delay.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned.ý due to its nature by regular mail.

7. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received from him, in the same way. The seller shall return to the buyer the funds received in another way only if the buyer agrees to this and if this does not incur additional costs.

8. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall return to the buyer the costs of delivery of the goods in an amount corresponding to the cheapest method of delivery offered by the seller.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.

10. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The seller shall immediately inform the buyer via the email address specified in the order and shall return all funds, including delivery costs, received from him under the contract, within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the buyer.

VII. Rights from defective performance

1. The seller is liable to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer takes over the goods:

  • the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by the seller,
  • the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
  • the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
  • the goods are in the appropriate quantity or weight and
  • the goods comply with the requirements of legal regulations.


2. If the defect becomes apparent within six months of the buyer taking over the goods, it is considered that the goods were defective upon taking over. The buyer is entitled to exercise rights from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when the buyer took them over, or if this results from the nature of the goods.

3. In the event of a defect, the buyer may submit a complaint to the seller and request:

  • if it is a defect that can be removed:
  • free removal of the defect in the goods,
  • replacement of the goods for new goods,
  • if it is a defect that cannot be removed:
  • a reasonable discount on the purchase price,
  • withdraw from the contract.

4. The buyer has the right to withdraw from the contract,

  • if the goods have a defect that cannot be removed and which prevents the item from being used properly as a defect-free item,
  • if the goods cannot be used properly due to repeated occurrence of the defect or defects after repair,
  • if the goods cannot be used properly due to a large number of defects in the goods.

5. The seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible, or at the registered office or place of business. The consumer may also file a complaint with a person designated by the seller. If the consumer's complaint is handled by a person designated by the seller, the latter may handle the complaint only by handing over the repaired goods, otherwise the complaint shall be forwarded to the seller for handling. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

6. If the Consumer files a complaint, the Seller or an employee authorized by him or a designated person is obliged to inform the Consumer about his or her rights arising from the defective performance. Based on the Consumer's decision as to which of the rights arising from the defective performance he or she is exercising, the Seller or an employee authorized by him or a designated person is obliged to determine the method of handling the complaint immediately, in complex cases no later than within three working days from the date ofclaims, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of filing the claim. . After determining the method of handling the claim, the claim, including the removal of the defect, must be handled immediately, while in justified cases the claim may also be handled later. However, the handling of the claim, including the removal of the defect, must not take longer than 30 days from the date of filing the claim. The futile expiration of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of filing the claim is considered the moment when the buyer's will is expressed (the exercise of the right from defective performance) to the seller.

7. The seller informs the buyer in writing about the result of the claim, no later than 30 days from the date of filing the claim.

8. Právo z vadného plnenia kupujúcemu nepatrí, ak kupujúci pred prevzatím veci vedel, že vec má vadu, alebo ak kupujúci vadu sám spôsobil.

9. V prípade oprávnenej reklamácie má kupujúci právo na náhradu účelne vynaložených nákladov vzniknutých v súvislosti s uplatnením reklamácie. Toto právo môže kupujúci u predávajúceho uplatniť v lehote do jedného mesiaca po uplynutí záručnej doby.

10. Voľbu spôsobu reklamácie a jej vybavenia, ak je viacero možností, má kupujúci.

11. Práva a povinnosti zmluvných strán ohľadom práv z vadného plnenia sa riadia § 499 až 510, § 596 až 600 a § 619 až 627 zákona č. 40/1964 Zb. Občianskeho zákonníka v znení neskorších predpisov a zákonom č. 250/2007 Coll., on Consumer Protection, as amended.

12. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

IX. Out-of-court dispute resolution

1. 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 file a motion to initiate alternative (out-of-court) dispute resolution with an alternative dispute resolution entity if the seller has responded negatively to the request pursuant to the previous sentence or has not responded to it within 30 days of its sending. This does not affect the consumer's ability to go to court.

2. The Slovak Trade Inspection Authority is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract, with its registered office at: Prievozská 32, 827 99 Bratislava, Company ID: 17 331 927, which can be contacted for the above purpose at the address Slovak Trade Inspection Authority, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr.@soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

3. The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.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).

4. The seller is authorised to sell goods on the basis of a trade licence. Trade licence control is carried out within its competence by the relevant District Office, Trade Licensing Department. The Slovak Trade Inspection carries out, within a defined scope, among other things, supervision over compliance with Act No. 250/2007 Coll. on Consumer Protection, as amended.

X. Final Provisions

1. All arrangements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties have agreed that the relationship is governed by the law of the Slovak Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended.

3. All rights to the Seller's website, in particular copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy,modify or otherwise use the website or part thereof without the consent of the seller.

4. The seller is not liable for errors arising from third-party interference with the online store or from its use contrary to its intended purpose. When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store without authorization and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.

5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.

6. The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations that arose during the period of validity of the previous wording of the terms and conditions.

7. The appendix to the terms and conditions is a sample form for withdrawal from the contract.

These terms and conditions come into effect on 21.09.2023

 

 

WITHDRAWAL FROM THE CONTRACT

If you are a consumer and want to withdraw from a purchase contract concluded remotely via

the e-shop www.amoredicaffe.sk, please fill out this form.

 

(To be completed by the customer)

Name and surname: ...............................................................................................................

Address:                     ...............................................................................................................

Telephone:                   ................................................. E-mail: ..................................................

 

I hereby announce that I withdraw from the contract for the purchase of these goods:

..................................................................................................................................................

Invoice number / order number: ...............................................................................

Date of purchase:         ................................................................................................................

Bank account number to which the purchase price is to be returned:

................................................................................................................

Signature of the consumer buyer: Date:

 

................................................ ..........................................

 

 

You can return the goods and send them to the following address:

SecurStar Slovakia s.r.o.

Černyševského 10, 851 01 Bratislava, Slovakia

 

*Withdrawal from the contract - consumer

A consumer can only be a natural person who orders goods exclusively for private purposes.

The consumer has the right to withdraw from a distance contract or a contract concluded outside the seller's premises.

 

The consumer cannot withdraw from a contract whose subject matter is:

- the sale of perishable goods or perishable goods,

- the sale of goods enclosed in protective packaging that is not suitable for return for health reasons,

- the sale of goods that are not suitable for return for health reasons.

- or hygiene reasons and whose protective packaging was broken after delivery,

this is because an open package of bean or ground coffee cannot be withdrawn within 14 days.

In the case of open packages purchased POD (an open box containing individually packaged PODs), it is possible

for the consumer to withdraw from the purchase contract within 14 days, but the refund will be reduced by the number of PODs used/spent from original packaging.

The right to withdraw from the contract within 14 days does not apply to the consumer if

the consumer purchased the goods directly from the seller's premises and not remotely.