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    General Terms and Conditions

    I. Basic Provisions

    1. These general terms and conditions (hereinafter referred to as the „terms and conditions“) are issued by:

      HomeSystem s.r.o.
      Company ID (IČO): 50376608
      Tax ID (DIČ): 2120295166
      VAT ID (IČ DPH): SK2120295166
      Registered office: Družby 16, 974 04 Banská Bystrica
      Registered in the Commercial Register of the District Court Banská Bystrica, Section Sro, Insert 65849/L

      Responsible Person and Contact:
      Mgr. Miloš Buček - Managing Director
      Phone: +421 948 499 659
      Email: milos.bucek@homesystem.sk

      Supervisory Authority:
      SOI Inspectorate for the Banská Bystrica Region
      Dolná 46, 974 00 Banská Bystrica
      Department of Technical Control of Products and Consumer Protection
      Phone: 048/412 49 69, 048/415 18 71
      Fax: 048/4124 693
      Email: bb@soi.sk
    2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase agreement outside their business activity as a consumer, or within their business activity (hereinafter referred to as the „buyer“) via the web interface located on the website accessible at obchod.homesystem.sk (hereinafter referred to as the „online store“).
    3. The provisions of the terms and conditions are an integral part of the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of these terms and conditions.
    4. These terms and conditions and the purchase agreement are concluded in the Slovak language.

    II. Information about Goods and Prices

    1. Information about goods, including the price of individual items and their main features, is provided for each item in the online store catalog. The prices of goods are stated including value-added tax, all related fees, and costs for returning goods, if the goods, by their nature, cannot be returned by standard post. The prices of goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase agreement under individually negotiated conditions.
    2. All presentation of goods placed in the online store catalog is of an informative nature, and the seller is not obliged to enter into a purchase agreement regarding these goods.
    3. Information about costs associated with packaging and delivery of goods is published in the online store. Information on the delivery price to individual countries will be displayed to the buyer in the shopping cart after selecting the destination country.
    4. Any discounts on the purchase price of goods cannot be combined with each other unless the seller and the buyer agree otherwise.

    III. Order and Conclusion of the Purchase Agreement

    1. The costs incurred by the buyer when using distance communication means in connection with concluding the purchase agreement (internet connection costs, telephone call costs) are borne by the buyer themselves. These costs do not differ from the basic rate.
    2. The buyer places an order for goods in the following ways:
      • through their customer account, if they have 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 items, the payment method, and the delivery method.
    4. Before submitting the order, the buyer is allowed to check and modify the data entered into the order. The buyer submits the order to the seller by clicking the "Submit order with obligation to pay" button. The data stated in the order is deemed correct by the seller. A condition for the validity of the order is the filling in of all mandatory data in the order form and the buyer's confirmation that they have familiarized themselves with these terms and conditions.
    5. Immediately after receiving the order, the seller will send the buyer a confirmation of order receipt to the email address entered by the buyer during the ordering process. This confirmation is considered the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded by the seller's confirmation of the order sent to the buyer's email address.
    6. In the event that the seller cannot fulfill any of the requirements stated in the order, they will send an amended offer to the buyer's email address. The amended offer is considered a new draft of the purchase agreement, and the purchase agreement is concluded in such a case by the buyer's confirmation of acceptance of this offer sent to the seller's email address stated in these terms and conditions.
    7. All orders accepted by the seller are binding. The buyer can cancel the order until the notification of order acceptance by the seller is delivered to the buyer. The buyer can cancel the order by telephone at the seller's phone number or by electronic message to the seller's email address, both listed in these terms and conditions.
    8. In the event of an obvious technical error on the seller's part when stating 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 completely obviously incorrect price, even if the buyer received an automatic confirmation of order receipt according to these terms and conditions. The seller shall inform the buyer of the error without undue delay and send an amended offer to the buyer's email address. The amended offer is considered a new draft of the purchase agreement, and the purchase agreement is in such a case concluded by the buyer's confirmation of acceptance sent to the seller's email address.

    IV. Customer Account

    1. Based on the buyer's registration 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.
    2. When registering for a customer account and when ordering goods, the buyer is obliged to state correctly and truthfully all data. The buyer is obliged to update the data entered in the user account upon 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 their customer account. The seller is not responsible for any misuse of the customer account by third parties.
    4. The buyer is not authorized to allow third parties to use their customer account.
    5. The seller may cancel the user account, especially in the event that the buyer has not used their user account for a longer period, or if the buyer breaches their obligations under the purchase agreement and these terms and conditions.
    6. The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third parties.

    V. Payment Terms and Delivery of Goods

    1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be paid by the buyer in the following ways:
      • by wire transfer to the seller's bank account No. SK8083300000002401747171, held at FIO banka,
      • by cashless transfer to the seller's account via the GoPay payment gateway,
      • by cashless payment via a credit card using the GoPay 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 packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
    3. In the case of payment in cash, the purchase price is payable upon receipt of the goods.
    4. In the case of payment through a payment gateway, the buyer acts in accordance with 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 beforehand. The payment of the purchase price before sending the goods is not a deposit.
    7. The goods are delivered to the buyer:
      • to the address specified by the buyer in the order,
      • by personal collection at the seller's premises.
    8. The choice of the delivery method is made during the ordering process.
    9. The costs of goods delivery depending on the dispatch and receipt method are stated in the buyer's order and in the order confirmation by the seller. If the mode of transport is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
    10. If, under the purchase agreement, the seller 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 repeated delivery of the goods, or the costs associated with another delivery method.
    11. Upon 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 a violation of the packaging is discovered, indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
    12. The seller shall issue a tax document – invoice to the buyer. The tax document is sent to the buyer's email address.
    13. The buyer acquires ownership rights to the goods by paying the entire purchase price for the goods, including delivery costs, but not earlier than upon taking over the goods. Liability for accidental loss, damage, or destruction of 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 failed to do so in violation of the purchase agreement.

    VI. Withdrawal from the Agreement

    1. A buyer who has concluded a purchase agreement outside their business activity as a consumer has the right to withdraw from the purchase agreement even without giving a reason.
    2. The withdrawal period is 14 days:
      • from the date of taking over the goods,
      • from the date of taking over the last delivery of goods if the subject of the contract is several types of goods or delivery of several parts,
      • from the date of taking over the first delivery of goods if the subject of the contract is a regular repeated delivery of goods.
    3. Among other cases, the buyer cannot withdraw from the purchase agreement:
      • on the provision of services, if they were fulfilled with their prior express consent before the expiration of the withdrawal period, and the seller informed the buyer before concluding the contract that in such a case they have no right to withdraw from the contract, and if the service was fully provided,
      • on the supply of goods or services whose price depends on fluctuations in the financial market independently of the seller's will, which may occur during the withdrawal period,
      • on the supply of alcoholic beverages whose price was agreed upon at the time of concluding the contract, which can be delivered only after thirty days, and whose price depends on market fluctuations independent of the seller's will,
      • on the supply of goods customized according to the buyer's wishes, made-to-measure goods, or goods intended specifically for one buyer,
      • on the supply of goods subject to rapid decay, as well as goods which, due to their nature, have been inseparably mixed with other goods after delivery,
      • on the supply of goods in sealed packaging which is not suitable for return due to health protection, hygienic, or safety reasons and whose protective packaging was broken after delivery,
      • on the supply of audio recordings, video recordings, audiovisual recordings, books, or computer software, if they are sold in protective packaging and the buyer unsealed this packaging,
      • on the supply of newspapers, periodicals, or magazines, with the exception of sales under a subscription agreement and sales of books not supplied in protective packaging,
      • on the supply of digital content other than on a tangible medium, if its provision began with the express consent of the buyer and the buyer declared that they were duly informed that by expressing this consent they lose the right to withdraw from the contract,
      • in other cases specified in § 7 para. 6 of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises, as amended.
    4. To comply with the withdrawal deadline, the buyer must send a withdrawal statement within the withdrawal period.
    5. To withdraw from the purchase agreement, the buyer may use the withdrawal form.
    6. A 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 in the event that the goods cannot be returned by normal postal means due to their nature.
    7. If the buyer withdraws from the contract, the seller shall return to them without undue delay, but no later than within 14 days from the withdrawal from the contract, all funds, including delivery costs, received from them in the same way. The seller shall return the received funds to the buyer in another way only if the buyer agrees and if no additional costs are incurred by the buyer.
    8. If the buyer chose a delivery method other than the cheapest delivery method offered by the seller, the seller shall reimburse the buyer for the delivery costs in the amount corresponding to the cheapest offered delivery method.
    9. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that the goods were dispatched to the seller.
    10. The buyer must return the goods to the seller undamaged, unworn, and unpolluted, and if possible, in their original packaging. The seller is entitled to unilaterally offset the claim for damages 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 agreement due to stock sell-out, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has suspended production or import of the goods. The seller shall promptly inform the buyer via the email address listed in the order and shall return, within 14 days from the notice of withdrawal from the purchase agreement, all funds including delivery costs received from them under the contract, in the same way, or in a way designated by the buyer.

    Attention, new postal address: HomeSystem s.r.o., Školská 85, 972 01 Bojnice, Slovakia, +421 948 213 492

    VII. Rights from Defective Performance

    1. The seller is responsible 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 took over the goods:
      • the goods have the properties agreed upon by the parties, and if an agreement is absent, they have such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on advertising carried out by the seller,
      • the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
      • the goods correspond in quality or execution to the agreed sample or template, if the quality or execution was determined according to the agreed sample or template,
      • the goods are in the corresponding quantity or weight, and
      • the goods comply with the requirements of legal regulations.
    2. If a defect becomes apparent within six months of taking over the goods by the buyer, it is presumed that the goods were defective upon receipt. The buyer is entitled to exercise the rights from a defect that occurs in consumer goods within twenty-four months from receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by its normal use, for used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the buyer, or if it implies from the nature of the goods.
    3. In the event of a defect, the buyer may submit a claim to the seller and request:
      • in the case of a defect that can be remedied:
        • free removal of the defect of the goods,
        • replacement of the goods with new goods,
      • in the case of a defect that cannot be remedied:
        • a reasonable discount from the purchase price,
        • withdrawal from the agreement.
    4. The buyer has the right to withdraw from the agreement:
      • if the goods have a defect that cannot be remedied and which prevents the item from being properly used as a defect-free item,
      • if they cannot properly use the goods due to the repeated occurrence of a defect or defects after repair,
      • if they cannot properly use the goods due to a larger number of defects in the goods.
    5. The seller is obliged to accept the claim at any establishment where acceptance of a claim is possible, or possibly at the registered office or place of business. The consumer may also file a claim with a person designated by the seller. If the consumer's claim is handled by a person designated by the seller, this person can settle the claim only by handing over the repaired goods, otherwise, the claim will be forwarded to the seller for settlement. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised the right, what is the content of the claim, and what method of claim settlement the buyer requests, as well as a confirmation of the date and method of claim settlement, including confirmation of the execution of the repair and its duration, or a written justification for the rejection of the claim.
    6. If the consumer asserts a claim, the seller or their authorized employee or designated person is obliged to inform the consumer about their rights arising from defective performance. Based on the consumer's decision as to which of the rights arising from defective performance they assert, the seller or their authorized employee or designated person is obliged to determine the method of claim settlement immediately, in complex cases no later than three working days from the date of the claim submission, 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 the claim submission. After determining the method of claim settlement, the claim, including the removal of the defect, must be handled immediately, while in justified cases, the claim can also be settled later. However, the settlement of the claim, including the removal of the defect, must not take longer than 30 days from the date the claim was submitted. Unsuccessful expiration of this period is considered a material breach of contract, and the buyer has the right to withdraw from the purchase agreement or the right to exchange the goods for new goods. The moment the claim is made is considered to be the moment when the manifestation of the buyer's will (exercise of the right from defective performance) reaches the seller.
    7. The seller shall inform the buyer in writing about the result of the claim no later than 30 days from the date the claim was submitted.
    8. The right of defective performance does not belong to the buyer if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect themselves.
    9. In the case of a justified claim, the buyer has the right to reimbursement of purposeful costs incurred in connection with the assertion of the claim. The buyer may exercise this right against the seller within one month after the expiration of the warranty period.
    10. The choice of the claim method and its settlement, if there are multiple options, is up to the buyer.
    11. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by § 499 to 510, § 596 to 600, and § 619 to 627 of Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 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 of Correspondence

    1. The contracting parties may deliver all written correspondence to each other via electronic mail.
    2. The buyer delivers correspondence to the seller at the email address stated in these terms and conditions. The seller delivers correspondence to the buyer at the email address stated in their customer account or in the order.

    IX. Alternative Dispute Resolution

    1. The consumer has the right to turn to the seller with a request for redress if they are not satisfied with the way the seller handled their claim or if they believe that the seller has violated their 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 replied negatively to the request under the previous sentence or failed to reply to it within 30 days from its dispatch. This does not affect the consumer's ability to turn to court.
    2. The competent body for out-of-court settlement of consumer disputes arising from a purchase agreement is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), with its registered office at: Prievozská 32, 827 99 Bratislava, Company ID (IČO): 17 331 927, which can be contacted for this purpose at the address Slovak Trade Inspection, 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. Website: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
    3. The European Consumer Centre in the Slovak Republic, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, website: http://esc-sr.sk/, is the contact point under 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 consumer ODR).
    4. The seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within its scope by the relevant District Office, Trade Licensing Department. The Slovak Trade Inspection carries out, among other things, supervision over the observance of Act No. 250/2007 Coll. on Consumer Protection, as amended, to a defined extent.

    X. Final Provisions

    1. All arrangements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This does not affect consumer rights arising from generally binding legal regulations.
    2. The seller is not bound in relation to the buyer by any codes of conduct within the meaning of the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended.
    3. All rights to the seller's websites, in particular copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the websites or parts thereof without the consent of the seller.
    4. The seller is not responsible for errors arising from third-party interference with the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could negatively affect its operation and must not perform any activity that could allow them or third parties to unlawfully interfere or unlawfully use the software or other components comprising the online store and use the online store, its parts, or software equipment in a way that is contrary to its destination or purpose.
    5. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
    6. The seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
    7. A sample withdrawal form is an annex to the terms and conditions.

    These terms and conditions come into effect on May 25, 2018.