General Terms and Conditions of the

Internet Store glowycats.shop

I. Introductory Provisions and Definitions

These General Terms and Conditions (hereinafter also “GTC”) govern the legal relations between the company

Business name: Gence Group, s.r.o.
Registered office: Martina Benku 1685/17, Malacky 901 01, Slovak Republic

Registered in the register of the District Court Bratislava III, Section Sro, File number 156362 / B
ID: 54168767

VAT number: 2121595883

VAT number: SK 2121595883
Bank account: SK59 1100 0000 0029 4511 5770 The

Seller is a VAT payer / Value Added Tax /

(hereinafter also referred to as the “Seller”) and any person who is the Buyer of goods or services offered by the Seller on the Seller’s Website and who acts in the position consumer in accordance with other provisions of these General Terms and Conditions and the relevant laws defining the consumer, within the applicable legislation of the Slovak Republic, in particular the laws: Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller, as amended, Act no. 250/2007 Coll. On consumer protection, as amended, Act no. 22/2004 Coll. On electronic commerce as amended, Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. On consumer protection, as amended.

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

Email: [email protected]

Tel. No .: +421911526776

1.1.2.Address for sending documents, complaints, withdrawals from contracts and also:

Gence Group, s.r.o., Martina Benku 1685/17 901 01, Malacky, Slovak Republic

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

1.3. The term Internet shop is identical to the term Electronic shop and the term Website.

1.4. The Buyer is any person (natural person or legal entity) who sent the order, especially by using the Seller’s website, or other means of distance communication.

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

1.6. For contractual relations (as well as other legal relations that may result from the contractual relationship) with the Buyers, who act in the position of legal entities, resp. with natural persons – entrepreneurs who act within the scope of their business activities / Buyers who do not act as consumers / are subject to the provisions of Act no. 513/1991 Coll. Commercial Code as amended.

1.7. For the purposes of these General Terms and Conditions, a distance contract means an agreement agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, in particular by using the website or other means of distance communication.

1.8 The term Purchase Agreement includes a purchase agreement for products and a contract for the supply of services, in the sense of the text stated in these Business Conditions.

1.9. Products (hereinafter also “Things”) are goods or services that are intended for sale and are also published on the Seller’s Website. 

1.10.The seller is also the operator of the electronic system through which it operates a website on a domain called glowycats.shop 1.11.The

 

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

Inspectorate of the Slovak Trade Inspection

based in Bratislava for the Bratislava region

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

Supervision Department

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

fax no. 02/58 27 21 70

email: [email protected] 

web link for submission of complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

1.12. The Buyer may also address complaints or suggestions directly to the Seller at the address specified in point 1.1.2. of these GTC. The Seller also recommends that the Buyers address complaints and suggestions (due to the acceleration of equipment) to the Seller’s email address: [email protected].

Any complaint or complaint will be assessed and processed by the Seller within 10 working days of its receipt. The Seller informs the Buyer about its equipment in the same form as the Buyer delivered the complaint or complaint to the Seller.

 

1.13. Pursuant to §3, par. 1, letter n), Act no. 102/2014 Coll., The Seller informs the consumer that there are no special codes of conduct to which the Seller has committed itself to complying with them, where the code of conduct means an agreement or a set of rules defining the behavior of the Seller who has undertaken to comply with this code of conduct. to one or more specific business practices or industries, unless these are provided for by law or other legislation or measure of a public authority which the Seller has undertaken to comply with, and the manner in which the consumer may become acquainted with them or obtain their wording .

 

II. Product order – conclusion of the purchase contract

 

2.1. 

 

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

2.3. The purchase contract is concluded for a definite period of time and expires in particular by fulfilling all obligations of the Seller and the Buyer.

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

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

III. Purchase price and payment terms 

 

3.1. The price of goods and services ordered through the Seller’s Website (hereinafter referred to as the “purchase price”) is listed separately for each product and is valid at the time of creation of the order by the Buyer.

3.2. The base currency is the euro. 

3.3. The purchase price of goods or services listed on the Seller’s Website is the total price of the goods or services, including value added tax and all other taxes, and is clearly stated on the Seller’s Website. 

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

IV. Methods of payment

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

4.1.1. Payment by cash on delivery in the case of delivery to an address in the Slovak or Czech Republic – price 0 Eur with VAT

4.1.2. Eur with VAT

V. Delivery of products

5.1. If the Buyer has chosen cash on delivery as the form of payment for the order. The Seller is obliged to fulfill the order and deliver the products to the Buyer within 30 days from the date of concluding the purchase contract in accordance with point 2.2. et seq. of these GTC. 

5.1.1. If the Buyer has chosen as a form of payment for the order a form of payment other than cash on delivery, the Seller is obliged to fulfill the order and deliver the products to the Buyer within 30 days from the date of conclusion of the purchase contract pursuant to point 2.2. et seq. of these GTC and payment of the total price of the order to the Seller. If both conditions set out in point 5.1.1 have been met. of these GTC (ie if the purchase contract has been concluded and the total price of the order has been paid to the Seller), the Seller is obliged to deliver the products to the Buyer no later than 30 days from the date of fulfillment of both of these conditions.

The usual time when the Seller ships the products is 3 days from the date of concluding the purchase contract or 3 days from the date of payment of the total price of the order to the Seller.

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

5.3. The Seller shall deliver the product at its own expense to the Buyer (or the person authorized by the Buyer to take over the product) or through third parties (transport and delivery companies).

5.4. Delivery of the product is made by its takeover by the Buyer (or the person authorized by the Buyer to take over the product).

5.5. The Seller may send goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within the period that is in accordance with the delivery period under these GTC, but only provided that the Buyer does not incur any additional costs by this procedure and only if if the Buyer agrees.

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

VI. Acceptance of the product

 

6.1. The risk of damage to the product and liability for damage to the product passes to the Buyer only after its proper acceptance, regardless of whether the Buyer takes over the product in person or through an authorized third party. The Seller recommends that the Buyer check the accepted order when taking over the order.

6.2. Ownership of the products passes to the Buyer by their proper takeover.

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

VII. Transport – methods of transport of products and price for their transport

 

7.1. Methods of transport and price for transport of ordered products:

7.1.1. Forms of Transport:

7.1.1.1.Slovak Post

7.1.1.2.Packet Service

7.1.2.Prices for Transport:

7.1.2.1.The Seller informs the Buyer about prices for individual forms of transport on the Seller’s website during the purchase process, before concluding the Purchase contracts in the part of the choice of transport, as the price for transport cannot be determined before determining the delivery address of the Products.

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

8.1. 1 letter h) of Act no. 102/2014 Coll., the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the premises of the Seller within 14 days from the date of:

a) taking over the goods according to point 8.1.1.contract

for the provision of a service or

c) the conclusion of a contract for the provision of electronic content not delivered on a tangible medium.

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

) the goods ordered by the consumer in one order are delivered separately the last,

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

c) delivers the goods repeatedly during a defined period, at the moment of taking over the first delivered goods.

8.1.2.If the Seller provided the consumer with information according to § 3 par. 1 letter h), Act no. 102/2014 Coll., As amended, only subsequently, but no later than within 12 months from the beginning of the period for withdrawal from the contract pursuant to point 8.1. et seq. of these GTC, the period for withdrawal from the contract expires after 14 days from the day when the Seller subsequently fulfilled the information obligation.

8.1.3.If the Seller did not provide the consumer with information according to § 3 par. 1 letter h) Act. no. 102/2014 Coll., As amended, or in an additional period in accordance with point 8.1.2. of these GTC, the period for withdrawal from the contract expires after 12 months and 14 days from the date of commencement of the period for withdrawal from the contract according to point 8.1. et seq. 8.1.4

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

8.2. The consumer is obliged to return the goods or hand them over to the Seller or a person authorized by the Seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods have been handed over for carriage not later than the last day of the time limit. (§10 paragraph 1 of Act No. 102/2014 Coll.).

8.3. If the consumer wants to exercise this right, he is obliged to notify the Seller of the withdrawal from the purchase contract no later than on the last day of the specified period. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the Seller no later than on the last day of the period to the address of the Seller, which is: 

Gence Group, s.r.o., Martina Benku 1685/17, Malacky 901 01, Slovak Republic

The consumer may also exercise this right at any of the Seller’s premises.

8.4.The consumer may exercise the right to withdraw from the contract with the seller in paper form or in the form of a record on another durable medium; if the contract has been concluded orally, any clearly stated statement by the consumer expressing his intention to withdraw from the contract (hereinafter referred to as the “notice of withdrawal”) is sufficient to exercise the consumer’s right of withdrawal.

8.4.1.If the consumer withdraws from the contract, any ancillary contract related to the contract from which the consumer has withdrawn shall also be canceled. It is not possible to demand any costs or other payments from the consumer in connection with the cancellation of the supplementary contract, except for the payment of costs and payments referred to in § 9 para. 3 and § 10 par. 3 of Act no. 102/2014 Coll. as amended and the price for the service, if the subject of the contract is the provision of the service and if the full provision of the service has taken place.

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

 

8.6.The consumer may use the withdrawal form to withdraw from the contract without giving a reason. This form is freely accessible on the Seller’s Website.

8.7.If the consumer withdraws from the contract in accordance with Act No. 102/2014 Coll., He bears the costs of returning the goods to the Seller pursuant to § 10 para. 3 of Act no. 102/2014 Coll., And if he withdraws from the contract concluded at a distance, the cost of returning the goods, which due to their nature can not be returned by mail, This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i). Act no. 8.8. 

The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the consumer to return to the consumer all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs and charges; this does not affect the provision of § 8 par. 5. Act no. 102/2014 Coll. Act on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Contract Concluded at a Distance or a Contract Concluded Outside the Seller’s Premises and on Amendments to Certain Acts

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

8.10.Shipments sent in the event of withdrawal from the purchase contract as a cash on delivery will not be accepted by the Seller. We recommend buyers to send shipments by registered mail or similar form without stating the amount of cash on delivery.

8.11. Upon withdrawal from the contract, the consumer bears only the cost of returning the goods to the Seller or the person authorized by the Seller to take over the goods. This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled the obligation under § 3 para. 1 letter i). Act 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 Seller’s Premises and on Amendments to Certain Acts

8.12. 3 of Act no. 102/2014 Coll. the exercise of the consumer’s right of withdrawal must not result in additional costs or other obligations for the consumer.

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

particular:

a) the provision of a service, if its provision began with the express consent of the consumer and the consumer has stated that he was duly informed that by giving his consent he loses the right to withdraw from the contract after full provision of the service, and if full provision of service has taken place ,

b) sale of goods or 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,

c) sale of goods made according to the consumer’s special requirements, custom-made goods or

goods which are subject to rapid deterioration or deterioration;

off

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

g) p redaj alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, and their delivery can be made after 30 days at the earliest and their price depends on market price movements beyond the Seller,

h) performing urgent repairs or maintenance asked the Seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the Seller’s visit to the consumer and the consumer did not pre-order these services or goods,

i) sale of sound recordings, video (

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

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

l) provision of electronic content other than on tangible media, if its provision began with explicit consent m consumer and the consumer stated that he was duly informed that by giving this consent he loses the right to withdraw from the contract.

8.14. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form as he received them from the consumer. It is only possible to change the form of refund to the consumer with the consent of the consumer.

8.15. In the event of withdrawal from the contract, the subject of which is the sale of goods, the Seller is not obliged to return the payments to the consumer pursuant to § 9 paragraph 1 of Act no. 102/2014. Zz before the goods are delivered to him or until the consumer proves the return of the goods to the Seller, unless the Seller proposes to pick up the goods in person or through a person authorized by him.

8.16.If the consumer withdraws from the contract for services and before the start of the provision of services he has given his explicit consent pursuant to § 4 para. 6 of Act no. 102/2014. Zz, as amended, the consumer is obliged to pay the Seller only the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract. The price for the performance actually provided is calculated proportionally on the basis of the total price agreed in the contract. If the total price agreed in the contract is overstated, the price for the performance actually provided shall be calculated on the basis of the market price of the performance provided.

8.17.The consumer is not obliged to pay for

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

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

8.17.1.2. The Consumer has not given the Seller explicit consent to the commencement of the provision of the service pursuant to § 4 para. 6, Act no. 102/2014 Coll. as amended

8.17.2. Electronic content that is not provided in full or in part, which is not delivered on a tangible medium, if:

8.17.2.1. 8, Act no. 102/2014 Coll. as amended

8.17.2.2

. 1 or par. 2 letter b). Act no. 102/2014 Coll. 8.18.If

 

the goods were delivered to the consumer at home at the time of conclusion of the contract and due to its nature it is not possible to send the goods back to the Seller by post, the Seller is obliged to pick up the goods at his own expense within the period according to § 9 par. 1. Act no. 102/2014.amended

.

As by granting consent to the commencement of the provision of the service before the expiry of the withdrawal period, he loses the right to withdraw from the contract after the full provision of the service.

8.19.2. The Seller must have the express consent of the Buyer to start providing the service before the expiration of the period for withdrawal from the contract and a statement that the consumer has been properly instructed in accordance with clause 8.19.1 of these GTC.

IX. Alternative Dispute Resolution

 

9.1.If the consumer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller for redress. If the Seller responds to the consumer’s request pursuant to the previous sentence or does not respond to such a request within 30 days from the date of its dispatch to the consumer, the consumer has the right to file a motion to initiate alternative dispute resolution under § 12 of Act no. 391/2015 Coll. On Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended. The relevant subject for alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection Authority (contact can be found https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another relevant authorized legal entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available athttp: / /www.mhsr.sk/, or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov- Thedispute 

buyer shall have the right to choose which of the above ADR entities to apply, and the buyer may use the online dispute resolution platform available at http: // ec to submit an alternative dispute resolution proposal to his consumer. europa.eu/consumers/odr/, or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. which in concluding and performing the contract of exit is in the position of a consumer. Alternative dispute resolution only concerns a dispute between the consumer and the Seller, arising from the consumer contract or related to the consumer contract. Alternative dispute resolution only applies to distance contracts. The ADR entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT.

All other information regarding alternative dispute resolution between the Seller and the Buyer – consumer arising from the Purchase Agreement as a consumer contract or related to the Purchase Agreement as a consumer contract is provided on the website of the Ministry of Economy of the SlovakRepublic www.mhsr.skand in Act no. 391/2015 Coll. On Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended.

X. Final provisions

10.1. The Seller reserves the right to change the General Terms and Conditions. The obligation to notify the change of the General Terms and Conditions in writing is fulfilled by placing it on the Seller’s Website. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the conclusion of the Purchase and Sales Agreement, up to the moment of its termination.

10.2. In addition to the general provisions of Act no. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and Act no. 250/2007 Coll. On consumer protection.

10.3. These General Terms and Conditions form an integral part of the Complaints Procedure and the Policy and Instructions on Personal Data Protection of this Website. The Documents – Complaints Procedure and the Principles and Instructions on Personal Data Protection of this Website are published on the domain of the Seller’s Website.

10.4.These General Terms and Conditions come into force and effect by publishing them on the Seller’s Website 24.02.2022