Terms and conditions

Terms and Conditions of Posee s.r.o. (hereinafter referred to as “T&C”) for the operation of the business system at www.eledshop.com

 

General Provisions

1.) These T&C regulate the rights and obligations of the contracting parties arising from the purchase agreement concluded between the seller – Posee, s.r.o., with registered office at Karpatské námestie 7770/10A, 831 06 Bratislava – Rača, IČO: 52790100, VAT ID: SK2121135709, registered with the Commercial Register of the Municipal Court in Bratislava III, Section sro, Insert No. 145165/B (hereinafter referred to as the “seller”) and the buyer, the subject of which is the purchase and sale of goods on the seller’s online store.

Supervisory Authority:

Slovak Trade Inspection
info@soi.sk
P. O. BOX 29
Bajkalská 21/A
827 99 Bratislava, Slovakia

2.) These T&C have been prepared in accordance with Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on a contract concluded at a distance or a contract concluded outside the seller’s premises, and amending certain laws (hereinafter referred to as “Consumer Protection Act”).

3.) These T&C apply to the purchase of goods ordered through the online store of the seller at www.eledshop.com.

4.) These T&C come into effect on the day of their publication on www.eledshop.com.

5.) If any provision of these T&C is or becomes invalid, ineffective, and/or unenforceable, it does not affect the validity, effectiveness, and/or enforceability of other provisions of these T&C, unless the nature of such provision excludes it under the relevant legal regulations.

6.) The contracting parties have agreed that by submitting an order, the buyer confirms agreement with these General Terms and Conditions, which apply to each purchase agreement concluded between the seller and the buyer through the website of the seller’s online store, operated by the seller, based on which the seller delivers the ordered goods to the buyer (hereinafter referred to as the “purchase agreement”), and to all relationships between the seller and the buyer arising, in particular, from the order of goods, the conclusion of the purchase agreement, and complaints. The contracting parties have agreed that by submitting an order, the buyer confirms agreement with the Complaints Procedure.

7.) The provisions of these T&C apply to buyers who are consumers and entrepreneurs, except for those provisions expressly stating that they apply only to buyers who are consumers. Legal relationships between the seller and the buyer who is a consumer and are not regulated by these T&C are governed by Act No. 40/1960 Coll. Civil Code, Act No. 102/2004 Coll., and Act No. 250/2007 Coll. Legal relationships between the seller and the buyer who is not a consumer and are not regulated by these T&C are governed by Act No. 513/1991 Coll. Commercial Code.

8.) The seller and the buyer have agreed to fully recognize electronic communication, especially via email and the internet (www) as valid and binding for both contractual parties. An integral part of these T&C is the Rules of Use of the website www.eledshop.com. 

Order

1.) The purchase agreement, based on which the sale of goods from the seller to the buyer is realized, is created upon confirmation of the buyer’s order by the seller.

2.) An order submitted to the seller is considered a binding proposal by the buyer to conclude a contract.

3.) The seller is obligated to confirm the buyer’s order by email (sent to the buyer’s email address provided in the order) without undue delay after its submission to the seller; otherwise, it is considered that the purchase agreement between the parties has not been concluded.

Order Cancellation

a.) Cancellation by the buyer

1.) The buyer has the right to cancel the order without stating a reason within two hours of its confirmation by the seller. If, for any reason, you wish to cancel your order, contact us by phone at +421908664339 and then confirm in writing to info@eledshop.sk.

b.) Cancellation by the seller

1.) The seller reserves the right to cancel an order or part of it in the following cases:

– If the buyer’s order could not be confirmed or verified (incorrect phone number, unavailable, does not respond to emails, etc.).
– If the ordered goods are no longer manufactured, supplied, or if its price has changed significantly. In these cases, the seller will immediately contact the buyer to agree on further steps. If the buyer has already paid part or the entire purchase price, this amount will be refunded to the buyer’s account or address within 14 calendar days.

Purchase Price and Payment Terms

1.) The buyer is obligated to pay the seller the purchase price of the agreed-upon goods, including the costs of delivering the goods (hereinafter referred to as the “purchase price”), using one of the following methods:

a) Bank Transfer
When choosing payment by bank transfer, the seller will send the buyer a proforma invoice by email after receiving the order. The invoice will include the account number and variable symbol to identify the buyer’s payment. The buyer can pay this online or in person at the bank. After the payment is credited to the seller’s account, the seller will dispatch the goods to the buyer via the DPD courier service.

b) Cash on Delivery
The buyer pays the purchase price for the goods upon receipt from the DPD courier.

c) Cash Payment
The buyer pays for the goods in cash upon personal pickup at the seller’s store.

d) Bank Buttons / Card Payment (Besteron)
Online payment by card through the Besteron payment gateway.

2.) The buyer is obligated to pay the seller the purchase price for the agreed-upon goods within the period specified in the purchase agreement, but no later than upon taking over the goods.

3.) The parties acknowledge that the method of payment of the purchase price or payment terms must comply with Act No. 394/2012 Coll. on the limitation of cash payments. Therefore, the seller is not authorized to accept a purchase price exceeding EUR 5,000 in cash (for personal pickup or cash on delivery), and the buyer is not entitled to demand payment of a purchase price exceeding EUR 5,000 in cash in the specified cases.

Delivery Conditions, Delivery Period, and Place of Delivery

1.) The seller will dispatch the goods to the buyer within five business days from the confirmation of the order or from the crediting of the amount corresponding to the purchase price for the ordered goods to the seller’s account if the buyer has chosen the option of payment by bank transfer in the order. If, for any reason, the goods cannot be delivered to the buyer within the specified period due to its unavailability in stock, the seller is obliged to notify the buyer of this fact without undue delay. After agreement with the buyer, the seller is entitled to extend the delivery period. In the event that the consumer does not agree to the extended delivery period, they have the right to withdraw from the purchase agreement. If the buyer has already paid the purchase price or its part, the seller is obliged to refund the purchase price within 10 calendar days.

2.) The place of delivery is the address confirmed by the seller based on the buyer’s order.

3.) The buyer undertakes to take over the ordered goods at the delivery location as confirmed in the order.

4.) The buyer is entitled to choose one of the following delivery methods in the order, through which the seller will deliver the ordered goods:

   a) DPD Courier Service (€5 excluding VAT) – If the ordered goods are in stock, they will be delivered to the buyer throughout the Slovak Republic on the next business day after dispatch. When using the DPD courier service, the buyer is entitled to choose the form of payment for the purchase price by cash on delivery, bank transfer, or card payment. In the case of payment by bank transfer, the goods will be dispatched only after the purchase price is credited to the seller’s bank account.

   b) Personal Pickup (€0) – at the company’s headquarters, payment by bank transfer or card payment.

   c) Packeta (€4 excluding VAT) – delivery to a Packeta/BOX pickup point.

5.) The seller fulfills the obligation to deliver the goods to the buyer by handing over the ordered goods to the buyer or an authorized person at the place of delivery.

6.) The seller’s obligation to deliver the goods is considered fulfilled even if the seller was prepared to hand over the goods to the buyer at the agreed place and time, or if the seller allows the buyer to take over the goods at the agreed place and time, and the buyer does not take the goods for reasons other than those on the seller’s side.

7.) If the buyer does not take over the goods, and the goods are returned to the seller, the seller is entitled to withdraw from the purchase agreement and/or demand reimbursement of transportation, storage, and packaging costs associated with the unsuccessful delivery from the buyer.

8.) If the shipment is visibly damaged or destroyed, the buyer is obliged to state this fact in writing upon receipt in the delivery note. Any later complaints regarding physical damage to the goods or completeness of the delivery cannot be accepted.

Withdrawal from the Purchase Agreement

1.) In accordance with ZoOS, the buyer, who is a consumer, is entitled to withdraw from the purchase agreement without stating a reason within 14 days from the day of receiving the goods.

2.) In accordance with ZoOS, the buyer, who is a consumer, cannot withdraw from the contract, the subject of which is mainly:

   a.) the sale of goods made to the consumer’s specifications, goods tailored or goods specifically intended for a particular consumer;

   b.) the sale of goods subject to rapid deterioration or spoilage,

   c.) the sale of sound or visual recordings, sound and visual recordings, books, or computer software sold in protective packaging if the consumer has unpacked this packaging,

   d.) the sale of periodicals, except for sales based on a subscription agreement,

   e.) the provision of electronic content other than on a tangible medium if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent, he loses the right to withdraw from the contract.

3.) The goods that the buyer returns to the seller when withdrawing must be packaged in the original packaging, must not be damaged, and must show no signs of use.

4.) In withdrawing from the contract, the buyer is obliged to provide their name, surname, email, order number, description of the ordered goods, as well as the account number for the purpose of refunding the payment, either by letter to the seller’s registered office or by email to info@eledshop.sk.

5.) In the case of withdrawal from the contract via email, the seller is obliged to send the buyer an email confirming the acceptance of the withdrawal from the contract.

6.) After withdrawing from the contract, the seller is obliged:

   a) to take back the goods from the buyer, with the buyer obliged to send the goods to the seller’s registered office or hand them over personally at the seller’s store. The seller will not accept goods returned by cash on delivery. The buyer must attach the tax document attached to the delivered goods to the returned goods.

   b) to refund the buyer without undue delay, no later than within 14 days from the date of delivery of the notice of withdrawal from the contract, all payments received from him based on the contract or in connection with it.

   c) The seller is not obliged to refund the payments to the buyer according to point 6 letter a) of this article before the goods are delivered to him or until the buyer proves the return of the goods to the seller, unless the seller proposes that the goods will be personally picked up or through a person authorized by him.

   d) In withdrawing from the contract, the buyer bears the cost of returning the goods to the seller or a person authorized by the seller to take over the goods. The seller is not obliged to reimburse the buyer for additional costs if the buyer expressly chose a different method of delivery than the cheapest standard method of delivery offered by the seller. Additional costs mean the difference between the costs of delivery chosen by the buyer and the costs of the cheapest standard method of delivery offered by the seller.

9.) The seller is entitled to withdraw from the purchase agreement, especially for the following reasons:

   a) If, when paying by bank transfer to the seller’s account, the buyer does not pay the purchase price within 30 days from the confirmation of the order.

   b) For reasons stated in Article V, point 7.

   c) If, despite all efforts of the seller that may be required of him, the seller is unable to deliver the goods, especially because the goods have been sold out, are no longer manufactured or supplied, and the seller is unable to procure them otherwise.

   d) If the price for which the seller purchases the goods has changed significantly.


Privacy Policy

1.) The Seller declares that it will retain the personal data provided by the Buyers solely for the purpose of processing and fulfilling orders, executing purchase contracts, settling payments, and necessary communication between the contractual parties. This data will be stored for a period of ten years in accordance with the provisions of Act No. 122/2013 Coll. on the protection of personal data and amending certain laws in force (hereinafter referred to as the “Personal Data Protection Act”).

2.) The Seller will not disclose the Buyer’s data to third parties, except for individuals participating in, or cooperating with, the Seller in fulfilling obligations arising from the concluded purchase contract (e.g., carriers, suppliers of the seller, etc.), only to the extent necessary for the delivery. The Seller handles the Buyer’s personal data in accordance with the provisions of the Personal Data Protection Act.

3.) By submitting an order for goods to the Seller, the Buyer, in accordance with the Personal Data Protection Act, gives consent to the Seller to process the personal data provided electronically and/or in writing, especially in the scope of name, surname, date of birth, permanent address, title, and contact details such as phone number or email address (hereinafter referred to as “personal data”). The Buyer agrees that additional personal data necessary to fulfill the processing purpose may be added to the processed personal data. The purpose of processing personal data is to process and fulfill orders for goods, fulfill obligations from the purchase contract, settle payments, and ensure necessary communication between the contractual parties, for a period of 5 years.

4.) The Buyer, as the data subject, consents to the disclosure and provision of personal data from the Seller’s information system to third parties exclusively for the purpose of processing personal data. The data subject also agrees to the cross-border flow of personal data, including special categories of personal data, by providing and making their personal data available to EU member states, exclusively for the purpose of product complaints.

5.) In accordance with Section 28 of the Personal Data Protection Act, the data subject has the right, based on a written request, to demand from the data controllers:

a) confirmation of whether personal data about them is being processed or not,

b) in an understandable form, information about the processing of personal data in the information system,

c) in an understandable form, accurate information about the source from which the data controllers obtained their personal data for processing,

d) in an understandable form, a list of their personal data subject to processing,

e) correction or liquidation of their incorrect, incomplete, or outdated personal data subject to processing,

f) liquidation of their personal data, the purpose of processing of which has ended; if official documents containing personal data are subject to processing, they may request their return,

g) liquidation of their personal data subject to processing in case of a violation of the law,

h) blocking of their personal data due to the withdrawal of consent before the expiration of its validity.

6.) The data subject has the right to request any of the data controllers to liquidate their personal data at any time. The data controllers will promptly liquidate the personal data of the data subject also in cases where the purpose of processing has ceased or if the processed personal data is incorrect or outdated.


Alternative Dispute Resolution

If the consumer is not satisfied with the way the Seller handled their complaint or believes that the Seller has violated their rights, the consumer has the option to contact the Seller with a request for remedy. If the Seller responds negatively to the request for remedy or does not respond within 30 days from the date of its submission, the consumer has the right to submit a proposal to initiate alternative dispute resolution in accordance with Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on the amendment of certain laws.

The relevant authority for the alternative resolution of consumer disputes is the Slovak Trade Inspection, P.O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, www.soi.sk, or another authorized legal entity registered in the list of alternative dispute resolution entities kept by the Ministry of Economy of the Slovak Republic (the list is available on the website www.mhsr.sk); the consumer has the right to choose which of the specified entities for alternative resolution of consumer disputes to turn to.

Buyers – consumers are entitled to use the Online Dispute Resolution platform (hereinafter referred to as “ODR”) to resolve their disputes in the language of their choice. Buyers – consumers can use the ODR platform for alternative dispute resolution, which is available on the website https://ec.europa.eu/consumers/odr/. Buyers – consumers, when submitting a complaint to the ODR platform, will fill in the electronic complaint form. The information provided must be sufficient to identify the relevant entity for online alternative dispute resolution. Buyers – consumers may attach documents to support their complaint.


Final Provisions

1.) These Terms and Conditions are an integral part of the purchase contract concluded between the Seller and the Buyer and are binding on both contractual parties. Legal relationships established by the purchase contract will be governed by the provisions of the purchase contract, the provisions of these Terms and Conditions, and the relevant legal regulations. The provisions of the purchase contract take precedence over the provisions of these Terms and Conditions and the dispositive provisions of generally binding legal regulations.

2.) The Seller reserves the right to unilaterally amend or supplement these Terms and Conditions. Any changes to these Terms and Conditions take effect on the day of their publication on the website www.eledshop.com. Legal relationships arising from the purchase contract are always governed by the General Terms and Conditions in force at the time of submitting the order for goods by the Buyer.

3.) All relationships between the Seller and the Buyer are governed by these Terms and Conditions and the generally binding legal regulations of the Slovak Republic.

4.) The contractual parties will resolve any disputes related to the purchase contract primarily through out-of-court methods, through negotiations, or by agreement. If the contractual parties do not resolve mutual disputes out of court, they are entitled to resolve the dispute through court proceedings, with the Slovak court having jurisdiction according to the rules set out in the relevant legal regulations of the Slovak Republic.