These Terms and Conditions regulate the relationship between the seller and the buyer regarding the sale of goods and services on the e-commerce website www.enemiq.sk between the company MV Consult, s.r.o. (hereinafter referred to as the "seller") and its business partners (hereinafter referred to as the "buyer").
1. General Provisions
2. Method of Concluding the Purchase Agreement (Order)
3. Rights and Obligations of the Seller
4. Rights and Obligations of the Buyer
5. Delivery of Goods
6. Prices and Method of Payment
7. Withdrawal from the Purchase Agreement, Return of Goods
8. Exchange of Goods
9. Complaints
10. Protection of Personal Data
11. Alternative Dispute Resolution
12. Final Provisions
1. General Provisions
a. These terms and conditions have been drafted in accordance with the Civil Code, the Consumer Protection Act, and the Electronic Commerce Act as amended.
b. These terms and conditions regulate the rights and obligations of the contractual parties arising from the purchase agreement concluded between the seller, MV Consult, s.r.o., with registered office at Trenčianska 724/44, 01851 Nová Dubnica, Company ID: 44296801, Register No.: 2022647308, VAT ID: SK2022647308 (hereinafter referred to as the "seller"), and the buyer, the subject of which is the purchase and sale of goods on the seller’s e-commerce website.
c. The contractual parties agree that by sending an order to the seller, the buyer confirms their consent that these terms and conditions and provisions shall apply to every purchase agreement concluded through the seller’s website, on the basis of which the seller delivers the goods presented on the website to the buyer (hereinafter referred to as the "purchase agreement") and to all relationships between the seller and buyer arising from the conclusion of the purchase agreement.
d. These general terms and conditions form an integral part of the purchase agreement.
e. The list of goods on the e-commerce website operated by the seller is a catalog of commonly supplied goods, and the seller does not guarantee immediate availability of all listed goods. The availability of goods is indicated for each item under "Availability" and will be confirmed to the buyer based on the buyer’s inquiry.
f. The seller is bound to the buyer by the offer of goods presented on the seller’s website, including the price, for a period of 24 hours from sending the order receipt notification to the buyer.
2. Method of Concluding the Purchase Agreement (Order)
a. The purchase agreement is concluded by the binding acceptance of the buyer’s proposal for the conclusion of the purchase agreement by the seller in one of the following forms: by e-mail message from the buyer to the seller, by a form completed and sent by the buyer via the seller’s website, or by telephone order from the buyer to the seller.
b. After receiving the order, the seller issues the buyer a confirmation titled "Order Confirmation" via e-mail to confirm acceptance of the order.
c. The order confirmation by the seller contains the following details: name and price of the goods, shipping price, delivery address along with the contact person’s name, and the terms and method of transport.
3. Rights and Obligations of the Seller
a. The seller is obliged to deliver to the buyer the goods in the agreed quantity, quality, and deadline based on the confirmed order, to pack the goods in a manner necessary for their protection during transport, and to ensure that the delivered goods comply with applicable Slovak legal regulations.
b. The seller has the right to receive proper and timely payment of the purchase price from the buyer for the delivered goods.
4. Rights and Obligations of the Buyer
a. The buyer is obliged to: accept the purchased or ordered goods, pay the seller the agreed purchase price within the agreed payment term including delivery costs, confirm receipt of the goods by signing the delivery note personally or by an authorized person, and not to damage the seller’s good commercial reputation.
b. The buyer has the right to receive the goods in the quantity, quality, deadline, and place agreed by the contractual parties in the order confirmation.
5. Delivery of Goods
a. The ordered goods will be delivered to you within a maximum of 2 working days across the entire Czech Republic, provided the goods are in stock and delivery is chosen via courier or Packet. Courier and Packet delivery are FREE. For cash on delivery payments, a fee of 2 EUR including VAT is charged in addition to postage.
b. The seller is obliged to fulfill the buyer’s order and deliver the goods within 5 working days from the delivery of the goods to the seller by the supplier or manufacturer.
c. The buyer is obliged to accept the goods at the place stated in the order confirmation by the seller. If delivery is delayed by the seller, the seller is entitled to unilaterally extend the delivery deadline, even repeatedly, which will be confirmed to the buyer. If the buyer does not accept the ordered goods within 14 days of their availability, the seller is entitled to withdraw from the purchase agreement and sell the goods to a third party. After delivery to the third party, the seller will refund any deposit paid by the buyer.
d. The buyer is obliged to check the shipment for package integrity immediately upon delivery. If the packaging is mechanically damaged, the buyer must notify the carrier and check the goods under the packaging in the presence of the carrier. If damage is found, the carrier and buyer will prepare a damage report. Based on this record, the seller will provide a remedy, discount, or replacement goods if defects are irreparable.
e. The buyer is entitled to withdraw from the confirmed order if the seller does not deliver the goods within 5 working days from the confirmed delivery date. If the buyer prepaid for the goods, the seller will refund the amount by bank transfer to the buyer’s designated account within 3 working days of receiving written withdrawal from the contract.
6. Prices and Method of Payment
a. Prices of goods are stated in EUR including all applicable taxes and fees.
b. The buyer may choose from the following payment methods:
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Cash payment to the courier at the place of delivery ("cash on delivery") (max order value 1000 EUR)
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Online payment by card via secured payment gateway Shoptet Pay
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Bank transfer
c. If the seller does not receive payment to the account, the order is automatically canceled. The buyer’s order is processed immediately after the purchase price is credited to the seller’s account.
d. The seller reserves the right to change prices of goods, introduce new goods for sale, announce and revoke discounts or change such promotions; such changes do not affect the buyer’s rights arising from the sent order or concluded contract.
7. Withdrawal from the Purchase Agreement, Return of Goods
a. The seller is entitled to withdraw from a confirmed order if the goods are no longer produced or supplied or if the supplier significantly changes the price. The seller will immediately inform the buyer and refund any paid purchase price.
b. The buyer is entitled to withdraw from a confirmed order without reason at any time before shipment via email, SMS, or phone without penalty. If prepaid, the seller refunds the price by bank transfer within 3 working days. If a gift voucher or other gifts were received, these must be returned with the returned goods.
c. The buyer is entitled to withdraw from the purchase agreement without reason under the Consumer Protection Act for distance selling, within 90 days of receiving the goods.
d. Procedure for withdrawal:
If the goods are not suitable, you may return them within 90 days, and we will refund your money. If returning the entire order, we will also refund the postage if paid. Returned goods will be processed and the refund sent within 14 days of receipt.
Returned goods must show no signs of wear, be in original packaging with all manufacturer labels.
Fill out the complaint form (downloadable here) and include it with the goods.
For multiple items, place them in one shipment; multiple shipments require separate labels and drop-offs.
If returning by other means, send to:
MV CONSULT S.R.O.
Trenčianska 724/44
018 51 NOVÁ DUBNICA
Personal returns at this address are not possible. Send the parcel within 90 days. Do not send cash on delivery; such parcels will be rejected. Download the return form here.
8. Exchange of Goods
If you do not like the product and would like to exchange it, you can send it back to us and we will send you another one if it is still in stock.
How to exchange:
Please check our website to see if we have the item in stock for exchange. In case of exchange, the item must not show any signs of wear and must be in its original packaging with all manufacturer's labels.
Fill out the exchange form, which you can download here, and include it in the package with the item.
If you use the packaging in which your order was delivered, please remove the old label with the address details. Seal the packaging properly and for the purpose of return. If you are returning multiple products, you can put them in one shipment. For larger shipments, it is necessary to stick a different (additional) return label on each of them and submit each separately.
If you want to return the package, send it to the following address:
MV CONSULT S.R.O.
Trenčianska 724/44
018 51 NOVÁ DUBNICA
Personal returns are not possible at this address. Please send the shipment within 90 days of receipt of the goods. Do not send the package cash on delivery. Such a shipment will not be accepted. Download the form for exchanging goods. Return postage costs are not reimbursed.
If the goods do not fit you and you wish to exchange them, you can send them back to us and we will send you another item, provided it is still in stock.
How to proceed with an exchange:
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Check on our website whether the item you want to exchange is in stock.
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The goods for exchange must show no signs of wear, be in the original packaging, and have all manufacturer labels attached.
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Fill out the exchange form, which you can download here, and include it in the package along with the goods.
If you use the original packaging in which your order was delivered, please remove the old address label.
If you are returning multiple items, you can put them in one shipment.
For multiple shipments, you must stick a different (additional) return label on each and hand them in separately.
If you want to return the package by another method, send it to the following address:
MV CONSULT S.R.O.
Trenčianska 724/44
018 51 NOVÁ DUBNICA
Personal returns at this address are not possible. Please send the parcel within 90 days of receiving the goods. Do not send packages cash on delivery. Such parcels will not be accepted. Download the exchange form here.
9. Complaint (Warranty Claim)
Basic legal regulation
Act No. 250/2007 Coll. on Consumer Protection, as amendedAct No. 40/1964 Coll., Civil Code
Conditions for filing a complaint
A complaint means asserting liability for defects of the product (hereinafter referred to as "goods"). When filing a complaint, the buyer is obliged to deliver the complained goods to the seller’s registered address. Complaints can only be made for goods purchased from the seller and fully paid for.
The buyer is obliged to file the complaint without undue delay after discovering the defect of the goods. The buyer is not entitled to continue using the goods after discovering the defect. Further use may cause worsening of the defect, damage to the goods, and may be grounds for rejecting the complaint.
To accept the goods for complaint and start the complaint procedure, the buyer must provide the seller with:
• the original proof of purchase, which also serves as a warranty certificate,
• the complained goods, which must be complete and properly cleaned so that general hygiene principles are maintained and do not prevent assessment of the complaint. The seller has the right to refuse to accept goods for the complaint procedure if they do not meet general hygiene standards.
• fill out the complaint form, which you can download here, and include it in the package with the goods.
Send the goods to the address:
MV CONSULT S.R.O.
Trenčianska 724/44
018 51 NOVÁ DUBNICA
Warranty Period
The warranty period for the goods is 24 months and begins on the day the goods are handed over to the buyer. After the warranty period expires, the right to claim a complaint expires.
The seller is not responsible for defects the buyer was informed about and for which the buyer received a discount on the purchase price.
The warranty covers:
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Manufacturing defects of the goods, defects in the material from which the goods are made, occurring during the warranty period, provided the goods are used for their intended purpose, and the recommended methods of use, care, and maintenance are followed.
The warranty does NOT cover, in particular:
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Changes in appearance and functionality due to normal wear and tear or the characteristic properties of the goods or the material they are made of,
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Wear resulting from misuse,
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Mechanical damage (sharp objects, etc.),
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Damage caused by exposure to oils, diesel, gasoline, perfumes, makeup, other decorative cosmetics, and other aggressive substances.
Complaint Handling Procedure
- The seller confirms receipt of the complained goods and the start of complaint proceedings by sending an email to the address provided in the complaint form. The employee responsible for complaints is obliged to resolve the complaint immediately or, in complicated cases, within three working days from receipt. This period does not include the time needed for expert assessment. However, complaint handling cannot exceed 30 days. If the complaint is not acknowledged within three working days, the seller must send the goods for expert assessment at their own cost.
- The seller is obliged to send the buyer confirmation of the complaint (complaint receipt) by email, including information about the complaint and how it will be handled, even if the complaint is not accepted in full.
Complaint Resolution
The complaint process ends by:
• returning or sending repaired goods, exchanging goods if it does not cause unreasonable costs for the seller compared to the purchase price or severity of the defect,
• refunding the purchase price,
• paying a reasonable discount on the purchase price,
• justified rejection of the complaint.
The method of complaint resolution depends on the nature of the defect (removable or non-removable) and the relevant provisions of the Civil Code.
If the defect cannot be removed and prevents proper use of the goods, the buyer has the right to exchange the goods or withdraw from the purchase contract.
The buyer has the same rights if defects reoccur or if there are multiple defects that prevent proper use (multiple defects means at least 3 defects; reoccurrence means the same defect appears after at least two previous repairs).
The buyer must collect the complained goods within the agreed time, no later than one month after being informed about the complaint resolution. The seller will inform the buyer about the complaint resolution by email to the address provided in the complaint form.
10. Personal Data Protection
By concluding the contract and/or registering a user account, the buyer consents to the seller processing their personal data.
Personal data will be processed in the following scope:
a) name and surname
b) residential address
c) delivery address
d) phone number
e) email address
f) gender
g) bank account number
h) buyer’s history in the shop
These personal data will be processed for: offering goods and services, marketing and advertising activities, managing user accounts and client databases, fulfilling purchase contracts (including delivery, invoicing, communication), and sending commercial announcements (newsletters), all related to operating the shop (online store).
Personal data are stored in a secure database; the seller undertakes to take necessary technical and organizational measures to protect the processed personal data. Data processing is manual (by employees and processors) and automated.
The seller undertakes to process personal data in compliance with Act No. 18/2018 Coll. on Personal Data Protection and use them only internally in relation to fulfilling contract obligations and evaluating the operation and economic results of the website, except where law, authority decisions, or buyer consent require otherwise.
Consent to data processing is indefinite but may be withdrawn by the buyer at any time by electronic or written notification. The buyer has the right to update, correct, temporarily or permanently withdraw consent, or request deletion if data are incomplete, outdated, false, unlawfully obtained, or no longer needed. The buyer can refuse data processing for marketing or commercial announcements.
The buyer confirms that the provided data are complete and correct and that data provision is voluntary, except some data necessary for contract fulfillment.
11. Alternative Dispute Resolution
a)The consumer has the right to contact the seller with a request for remedy if they are not satisfied with the way the seller handled their complaint or if they believe that the seller has violated their rights. If the seller responds to this request with a rejection or does not respond within 30 days of its submission, the consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as “ADR entity”) in accordance with Act No. 391/2015 Coll. ADR entities are authorities and authorized legal persons according to §3 of Act No. 391/2015 Coll. The consumer may submit the proposal in the manner specified in §12 of Act No. 391/2015 Coll. Alternative dispute resolution may only be used by a consumer – a natural person who does not act within the scope of their business, employment, or profession when concluding and fulfilling a consumer contract. Alternative dispute resolution concerns only disputes between the consumer and the seller arising from or related to the consumer contract. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed 20 EUR. The ADR entity may charge the consumer a fee for initiating the alternative dispute resolution process, up to a maximum of 5 EUR including VAT.
12.Final Provisions
a. The seller reserves the right to amend these General Terms and Conditions. The obligation to notify changes in writing is considered fulfilled by publishing the changes on the seller’s online store website.
b. The contractual parties agree that communication between them will be conducted privately via e-mail messages.
c. Legal relations between the seller and the buyer not expressly regulated by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 22/2004 Coll. on Electronic Commerce, the Civil Code, Act No. 250/2007 Coll. on Consumer Protection, Act No. 108/2000 Coll. on Consumer Protection in Distance Selling, as amended, as well as related regulations.
d. These General Terms and Conditions take effect towards the buyer upon conclusion of the purchase contract.
e. By submitting an order, the buyer confirms that they have read, become acquainted with, and fully agree with these General Terms and Conditions, as well as with the seller’s terms and conditions and complaint procedure.
"We assess your satisfaction with your purchase through e-mail surveys as part of the Verified Customers program, in which our e-shop participates. These surveys are sent to you every time you make a purchase with us unless you opt out of receiving electronic mail for direct marketing purposes under § 62 of Act No. 351/2011 Coll. on Electronic Communications, as amended. We process personal data for sending surveys within the Verified Customers program based on our legitimate interest, which consists in measuring your satisfaction with your purchase from us. For sending surveys, evaluating your feedback, and analyzing our market position, we use a processing intermediary, which is the operator of the portal Heureka.sk. For these purposes, we may provide information about the purchased goods and your e-mail address to this intermediary. Your personal data is not disclosed to any third party for their own purposes in connection with sending the e-mail surveys. You can object to receiving e-mail surveys within the Verified Customers program at any time by declining further surveys via the link included in the survey e-mail. In case of your objection, we will stop sending you the survey."
In Bratislava, 03.02.2022