Terms and conditions

I. Basic provision

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. Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and Amendments to Act No. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or Contract Concluded Outside the Business Premises of the Seller, and Amendments to Certain Laws (hereinafter referred to as the "Consumer Protection Act in Distance Sales").

JASAB s. r. o.

IČ: 52655024

DIČ: 2121098375

DIČ DPH: SK2121098375

so sídlom: zapísanou v obchodnom registri Okresného súdu Košice l, oddiel Sro, vložka č.47298/V
kontaktné údaje:

equos.shop@gmail.com

+421903055642

www.equos.sk

(ďalej len „predávajúci“)

These terms and conditions regulate the mutual rights and obligations between the seller and the individual who enters into a purchase agreement (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address ... (hereinafter referred to as the "online store").
The provisions of these terms and conditions are an integral part of the purchase agreement. Any differing arrangements in the purchase agreement take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase agreement are concluded in the English language.

II.Information about the goods and prices

Information about the goods, including the prices of individual goods and their main characteristics, is provided for each product in the catalog of the online store. The prices of the goods are stated including value-added tax, all related fees, and return costs, if the goods cannot be returned by mail due to their nature. The prices of the goods remain valid for as long as they are displayed in the online store.
All presentations of goods placed in the catalog of the online store are for informational purposes only, and the seller is not obligated to enter into a purchase agreement regarding these goods.
The online store provides information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods displayed in the online store is valid only if the goods are delivered within the territory of European union.
Any discounts on the purchase price of the goods cannot be combined unless the seller and the buyer agree otherwise.

III.Order and conclusion of the purchase agreement

The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs for internet connection, telephone calls) are to be borne by the buyer. These costs do not differ from the basic rate.
The buyer places an order for goods using the following methods:

through their customer account, after prior registration in the online store,
by filling out the order form without registration.

When placing an order, the buyer selects the goods, the quantity of the goods, the payment method, and the delivery method.
Before submitting the order, the buyer is allowed to check and modify the information entered into the order. The buyer submits the order to the seller by clicking the "Submit Order with Payment Obligation" button. The information provided in the order is considered correct by the seller. The validity of the order is conditional upon the completion of all required fields in the order form and the buyer's confirmation that they have read these terms and conditions.
Immediately after receiving the order, the seller will send the buyer an order receipt confirmation to the email address provided by the buyer when placing the order. This confirmation is automatic and does not constitute a contract. The confirmation includes the seller's current terms and conditions. The purchase agreement is concluded only after the order is accepted by the seller.The notification of the order acceptance is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer an order receipt confirmation to the email address provided by the buyer when placing the order. This confirmation is considered to be the conclusion of the contract. The confirmation includes the seller's current terms and conditions. The purchase agreement is concluded upon the confirmation of the order by the seller to the buyer's email address.
If the seller is unable to fulfill any of the requests listed in the order, the seller will send a modified offer to the buyer's email address. The modified offer is considered a new proposal for the purchase agreement, and in this case, the purchase agreement is concluded upon the buyer's confirmation of acceptance of this offer to the seller's email address provided in these terms and conditions.
All orders received by the seller are binding. The buyer may cancel the order until the buyer has received the order acceptance notification from the seller. The buyer can cancel the order by phone or email using the contact details provided by the seller in these terms and conditions.
In the event of an obvious technical error on the seller's side when displaying 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 incorrect price, even if the buyer has received an automatic confirmation of the order receipt according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to the buyer's email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded upon the buyer's confirmation of acceptance of the offer to the seller's email address.

IV.Customer account

Based on the buyer's registration made in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
When registering for the customer account and placing an order for goods, the buyer is required to provide correct and truthful information. The buyer must update the information in the user account whenever there are changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obligated to maintain confidentiality regarding the information required to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow third parties to use the customer account.
The seller may cancel the user account, particularly in the case where the buyer has not used their user account for a prolonged period, or if the buyer violates their obligations under the purchase agreement or these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the seller's hardware and software, or the necessary maintenance of third parties' hardware and software.

V.Payment terms and delivery of goods

The buyer can pay for the goods and any delivery costs under the purchase agreement using the following methods:
• bank transfer to the seller's bank account
• payment by credit/debit card
• bank transfer to the seller's account via a payment gateway
• cash on delivery when the goods are handed over
• in cash or by credit/debit card when picking up the goods in person
Along with the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
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 from the conclusion of the purchase agreement.
In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's bank account.
The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are dispatched is not considered an advance.
According to the Sales Registration Act, the seller is obligated to issue a receipt to the buyer. At the same time, the seller must register the received sales amount with the tax administrator online, or within 48 hours in case of a technical failure.
The goods are delivered to the buyer:

to the address specified by the buyer in the order
via a parcel collection point to the address of the collection point specified by the buyer
personal pickup

The choice of delivery method is made during the ordering of the goods.
The cost of delivering the goods, depending on the method of shipment and receipt, is indicated in the buyer's order and in the order confirmation from the seller. If the method of delivery is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of delivery.
If the seller is obligated under the purchase agreement to deliver the goods to a place designated by the buyer in the order, the buyer is obligated to take delivery of the goods. If, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with the different delivery method.
Upon receiving the goods from the carrier, the buyer is obligated to check the integrity of the packaging of the goods and to immediately notify the carrier of any defects. If the packaging is found to be damaged in a way that suggests unauthorized tampering with the shipment, the buyer is not required to accept the shipment from the carrier.
The seller will issue a tax document (invoice) to the buyer. The tax document will be sent to the buyer's email address. / The tax document will be attached to the delivered goods.
The buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods. The responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receiving the goods, or at the moment when the buyer should have received the goods but failed to do so in violation of the purchase agreement.

VI.Withdrawal from the Contract

A buyer who has entered into a purchase agreement outside of their business activity as a consumer has the right to withdraw from the purchase agreement.
If the purchase agreement was concluded remotely (via the online store) or outside the seller's premises, and if the seller has provided the buyer in a timely and proper manner with information about the right to withdraw from the purchase agreement, including the conditions, deadline, and procedure for exercising the right to withdraw from the purchase agreement, along with a withdrawal form (in accordance with § 3 paragraph 1 letter h) of the Consumer Protection Act for distance selling), and provided the buyer meets the legally required conditions, the buyer has the right under the Consumer Protection Act for distance selling to withdraw from the purchase agreement without giving any reason and without any penalty
The withdrawal period is 14 days.

At the moment of receiving the goods, which were delivered last, if the subject of the purchase agreement is the ordered goods that are delivered separately.
At the moment of receiving the last part or the last item, if the subject of the purchase agreement includes several types of goods or the delivery of several parts.
At the moment of receiving the first delivered item, if the subject of the purchase agreement is goods that are delivered over a defined period.

The buyer acknowledges that in accordance with the provision of Section 7, Paragraph 6 of the Consumer Protection Act in Distance Selling, they cannot, among other things, withdraw from the purchase agreement:

The sale of goods or provision of services, the price of which depends on fluctuations in the financial market that the seller cannot influence and which may occur during the withdrawal period.
The sale of goods made according to the consumer's specific requirements, custom-made goods, or goods specifically intended for one consumer.
The sale of goods subject to rapid deterioration or spoilage.
The sale of goods sealed in protective packaging that cannot be returned for health or hygiene reasons and whose protective packaging has been damaged after delivery.
The sale of goods that, due to their nature, are inseparably mixed with other goods after delivery.
The sale of alcoholic beverages whose price was agreed upon at the time of the contract and whose delivery can only take place after 30 days, with their price depending on market fluctuations that the seller cannot influence.
The execution of urgent repairs or maintenance requested by the consumer explicitly from the seller; this does not apply to contracts for services and contracts involving the sale of other goods than replacement parts required for repairs or maintenance if concluded during a visit by the seller to the consumer and the consumer did not order these services or goods in advance.
The sale of audio recordings, video recordings, audio-visual recordings, books, or computer software sold in protective packaging, if the consumer has unwrapped the packaging.
The sale of periodicals, except for sales based on a subscription agreement, and the sale of books not supplied in protective packaging.
The provision of accommodation services for purposes other than lodging, the transportation of goods, the rental of cars, the provision of catering services, or the provision of services related to leisure activities where the seller is committed to providing these services at the agreed time or within the agreed period.
The provision of digital content other than on a physical medium, if its provision started with the consumer's explicit consent and the consumer declared that they had been properly informed that by giving this consent, they lose the right to withdraw from the contract.

To comply with the withdrawal period from the purchase agreement, the buyer must send any clear statement expressing their intent to withdraw from the purchase agreement within the specified period according to Paragraph 3 of Article VI of these terms and conditions. For withdrawal from the purchase agreement, the buyer may use the withdrawal form provided by the seller. The buyer must send the withdrawal form to the seller’s email or delivery address specified in these terms and conditions. The seller will promptly acknowledge the receipt of the form.
The buyer who has withdrawn from the purchase agreement is obligated to return the goods to the seller within 14 days from the withdrawal. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.
If the buyer withdraws from the purchase agreement, the seller will promptly, but no later than 14 days from the withdrawal, return all the money received from the buyer, including the delivery costs, using the same method of payment. The seller will return the money to the buyer by another method only if the buyer agrees and this does not incur additional costs for the buyer.
If the buyer has chosen a method of delivery other than the least expensive method offered by the seller, the seller will return the delivery costs to the buyer in the amount corresponding to the least expensive delivery method offered.
If the buyer withdraws from the purchase agreement, the seller is not obligated to return the money received from the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
The goods must be returned by the buyer to the seller undamaged, unused, and unsoiled, and if possible, in their original packaging. The seller is entitled to unilaterally offset any claims for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods.
The seller will promptly inform the buyer via the email address provided in the order and will return all the money received from the buyer, including the delivery costs, within 14 days of the notification of withdrawal from the purchase agreement, using the same method or a method specified by the buyer.

VII.Rights from Defective Performance

The seller is responsible to the buyer that the goods are free from defects at the time of receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:

The goods have the properties that the parties have agreed upon, and if not specified, they have the properties that the seller or manufacturer has described or that the buyer expected based on the nature of the goods and the advertising carried out by them.
The goods are suitable for the purpose for which the seller indicates they are intended or for the purpose to which goods of the same kind are commonly used.
The goods match the quality or execution of the agreed-upon sample or model, if the quality or execution was determined by the agreed sample or model.
The goods are in the appropriate quantity, measure, or weight, and the goods comply with the requirements of legal regulations.

The seller’s obligations from defective performance are at least to the same extent as the manufacturer’s obligations from defective performance. Otherwise, the buyer is entitled to assert a claim for a defect that occurs in consumer goods within twenty-four months from the receipt.
If the product, its packaging, the instructions attached to the goods, or the advertisement indicates, in accordance with other legal regulations, the period during which the goods can be used, the provisions regarding the quality warranty shall apply. With a quality warranty, the seller undertakes that the goods will be fit for use for a usual purpose for a certain period or that they will retain usual characteristics. If the buyer legitimately points out a defect to the seller, the period for asserting claims from defective performance or the warranty period will not run during the period when the buyer cannot use the defective goods.
The provisions mentioned in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when received by the buyer, or if it follows from the nature of the goods. The right to defective performance does not apply to the buyer if, before receiving the goods, the buyer knew that the goods had a defect, or if the buyer caused the defect themselves.

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

A replacement with a new product,
A repair of the product,
A reasonable discount from the purchase price,
Withdrawal from the contract.

The buyer has the right to withdraw from the contract:

If the product has a substantial defect,
If the product cannot be properly used due to a repeated defect or defects after repair,
If the product has multiple defects that make it unsuitable for the intended use.

Substantial breach of the contract refers to a violation that the party violating the contract knew or should have known at the time of contract formation, that the other party would not have entered into the contract if this violation had been foreseen.
For defects that represent a non-substantial breach of the contract (whether the defect is removable or not), the buyer is entitled to have the defect removed or to request a reasonable discount on the purchase price.
If a removable defect occurs repeatedly after repair (typically the third complaint for the same defect or fourth for different defects), or if the product has a larger number of defects (usually at least three at the same time), the buyer has the right to request a discount on the purchase price, to exchange the product, or to withdraw from the contract.
When making a complaint, the buyer must inform the seller about their choice of remedy. A change in the choice is only allowed with the seller’s consent if the buyer initially requested a repair of a defect that turns out to be irreparable. If the buyer does not choose their remedy for a substantial breach of the contract in time, they are entitled to the same rights as in the case of a non-substantial breach.
If repair or replacement is not possible, the buyer may request a full refund of the purchase price upon withdrawal from the contract.
If the seller proves that the buyer knew about the defect before receiving the goods or caused the defect themselves, the seller is not obligated to honor the buyer’s complaint.
The buyer cannot file a complaint for discounted goods based on the reason for which the goods were discounted.
The seller is obliged to accept the complaint at any of their locations where complaints can be filed, or at their headquarters or business premises. The seller must provide the buyer with written confirmation indicating when the complaint was filed, what the complaint involves, and what remedy the buyer has requested. The confirmation should also include the date and manner of the resolution, any repairs made, and the duration of the repair, or a written explanation for rejecting the complaint.
The seller or their authorized employee will decide on the complaint immediately, and in complicated cases, within three working days. This period does not include the time needed for professional evaluation of the defect, depending on the type of product or service. The complaint must be resolved without delay, no later than 30 days from the date the complaint was filed, unless the seller and buyer agree on a longer period. If this period expires without resolution, it is considered a substantial breach of the contract, and the buyer has the right to withdraw from the contract.
The moment of submitting the complaint is considered to be the moment when the buyer expresses their intention (filing a complaint) to the seller.
The seller must inform the buyer in writing about the outcome of the complaint.
The right to claim a defect does not apply if the buyer knew about the defect before receiving the goods or if the buyer caused the defect themselves.
In the case of a justified complaint, the buyer is entitled to reimbursement for reasonable costs incurred in connection with the complaint. This right can be claimed by the buyer from the seller within one month after the expiration of the warranty period, otherwise, the court may not grant the claim.
The buyer has the right to choose the method of complaint.
Other rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller’s complaints procedure.

VIII.Delivery

The contractual parties may deliver all written correspondence to each other via email.
The buyer delivers correspondence to the seller at the email address provided in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or order.

IX.Personal data

All information you provide during our cooperation is confidential, and we will handle it accordingly. Unless you provide us with written consent, we will not use your personal data for any purpose other than fulfilling the contract, except for the email address, which may be used to send you commercial communications, as permitted by law, unless you opt out. These communications will relate only to similar or related goods and can be unsubscribed from at any time through a simple method (by sending a letter, email, or clicking on a link in the commercial message). The email address will be stored for this purpose for 3 years from the conclusion of the last contract between the parties.
For more detailed information on personal data protection, please refer to the privacy policy HERE.

X.Alternative dispute resolution.

For the out-of-court resolution of consumer disputes arising from the purchase contract, the Slovak Trade Inspection (Slovenská obchodná inšpekcia) is competent, with its headquarters at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, website: https://www.soi.sk/sk. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase contract.
The European Consumer Centre Slovakia, with its headquarters at Mlynské nivy 44/A 827 15, Bratislava 212, Slovakia, website: http://www.evropskyspotrebitel.sk, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of May 21, 2013, on online dispute resolution for consumer disputes, and supplements Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online consumer dispute resolution).
The seller is authorized to sell goods based on a trade license. The relevant trade office conducts the trade control within its jurisdiction. The Slovak Trade Inspection supervises compliance with the Consumer Protection Act and the Consumer Protection Act for distance selling.

XI.Final provision

All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship based on the purchase agreement contains an international element, the parties agree that the relationship will be governed by the law of the Slovak Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 3 (1) (n) of the Consumer Protection Act concerning distance selling.

All rights to the seller's website, including copyright to content such as the layout of the page, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. Copying, modifying, or otherwise using the website or parts of it without the seller's consent is prohibited.
The seller is not responsible for errors arising due to third-party interventions in the online store or due to its use contrary to its intended purpose. The buyer must not use methods that could negatively affect the operation of the online store and must not engage in any activities that could allow them or third parties to unlawfully interfere with or misuse the software or other components of the online store. The buyer must not use the online store or its parts or software in any way that would be contrary to its purpose or intended use.
The purchase agreement, including the terms and conditions, is archived by the seller.
The seller may change or supplement the terms and conditions. This provision does not affect the rights and obligations arising under the previous version of the terms and conditions.
An annex to the terms and conditions is the sample form for withdrawing from the contract.

These terms and conditions come into effect on April 13, 2020.