Priruz sro, when selling products through the e-shop www.fraela.sk

1. GENERAL PROVISIONS

   1.1. These general terms and conditions (hereinafter referred to as the "Terms and Conditions") govern the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller, which is the trading company Priruz sro, registered office at Ľubovnianska 16, 851 07, Bratislava, Slovak Republic, Company ID: 52778444, registered in the Commercial Register kept by the District Court Bratislava I., section: sro, (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, website address: www.fraela.sk

   1.2. The buyer is a consumer or entrepreneur.

   A consumer is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his or her trade or other business activity.

   Legal relations between the seller and the consumer not expressly regulated by these terms and conditions are governed by the relevant provisions of Act No. 40/1964 Coll., Civil Code, Act No. 250/2007 Coll. on Consumer Protection, as amended, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or an Off-Premises Contract, as amended, for the Sale of Goods to a Consumer, or by the provisions of the Commercial Code in the case of the Sale of Goods to an Entrepreneur. The Terms and Conditions may be amended and supplemented by the Operator, but this does not affect the rights and obligations arising during the validity of previous versions of the Terms and Conditions.

   Entrepreneurs are understood to mean:
   – a person registered in the commercial register,
   – a person who conducts business on the basis of a trade license,
   – a person who conducts business on the basis of a license other than a trade license under special regulations,
   – a person who carries out agricultural production and is registered in accordance with a special regulation.

   For the purposes of the Terms and Conditions, an entrepreneur is also understood to be someone who acts in accordance with the previous sentence within the framework of their business activities. If the Buyer states their identification number (IČO) in the order, then they acknowledge that the rules set out in the Terms and Conditions for Entrepreneurs apply to them.

   Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these terms and conditions or by the contract between the seller and the buyer, are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, as well as related regulations. In the event of any differences between the terms and conditions and the individual contract, the text of the contract shall prevail.

   By placing an order, the Buyer confirms that he has read these terms and conditions, of which the complaints procedure forms an integral part, and that he agrees with the terms and conditions of the ordered service and/or the provided license authorization, in the wording valid and effective at the time of sending the order.

   The Buyer is aware that by purchasing products that are in the Seller's commercial offer, he does not acquire any rights to use registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific case by a separate contract.

   The Buyer will receive an invoice containing basic contract details, including a receipt according to the Sales Registration Act and a tax document, in the form of an email to the email address provided when ordering.

   Seller's contact details :

   – Postal address: Priruz sro, Ľubovnianska 16, 851 07, Bratislava
   – Account number for cashless payments: SK97 0900 0000 0051 6725 6254
   – Phone:+421 949 490 994
   – Email: info@fraela.sk

   Supervisory authority: Slovak Trade Inspection (SOI) SOI Inspectorate for the Bratislava Region, Consumer Protection Department tel. no.: +421 (0)2/58 27 21 72

   1.3. The contracting parties have agreed that by sending an order to the seller, the buyer confirms that he agrees that these general terms and conditions and their arrangements and provisions will apply to each order placed through the relevant e-commerce website operated by the seller, on the basis of which the seller will deliver the requested goods presented on the relevant website to the buyer and to all relationships between the seller and the buyer, arising in particular when concluding a purchase contract (acceptance of the order by the seller) and complaints about the goods.

   1.4. The Terms and Conditions are an integral part of the purchase contract. In the event that the seller and the buyer conclude a written purchase contract in which they agree on terms that differ from the Terms and Conditions, the provisions of the purchase contract will take precedence over the Terms and Conditions.

   1.5. The list of goods on the e-commerce website (e-shop) operated by the seller is a catalog of commonly supplied goods and the seller does not guarantee the immediate availability of all listed goods. On the online store www.fraela.sk you will find handmade natural cosmetics. Cosmetics are manufactured in Slovakia, in production facilities approved by the Regional Public Health Authority. Each product has undergone several tests, the results of which are summarized in the safety assessment of the cosmetic product. All products are also announced on the European portal of cosmetic products.

2. ORDERING PRODUCTS AND CONCLUSION OF A PURCHASE CONTRACT

   2.1. If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the offered goods by the seller on the website, the purchase contract is formed by sending an order by the buyer and accepting the order by the seller. The purchase contract is concluded by the binding acceptance of the buyer's proposal to conclude a purchase contract by the seller in the form of an e-mail message from the buyer sent to the seller (hereinafter referred to as the "order"). If the buyer is an entrepreneur, the proposal to conclude a purchase contract is the order for goods sent by the buyer to the entrepreneur and the purchase contract itself is concluded at the moment of delivery of the seller's binding consent to this proposal by the buyer to the entrepreneur. To conclude a contract, it is necessary to state the business name, IČO, DIČ / IČ DPH and the billing address if it is different from the delivery address. The seller is not responsible for any errors in data transfer.

   2.2. Binding acceptance of the buyer's order by the seller is an e-mail confirmation from the seller to the buyer of the acceptance of the order after the buyer has previously accepted the order and after verifying the availability and delivery date of the goods, marked as "order confirmation".

   2.3. Binding acceptance of the order contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, information on the price of the goods, information on the delivery time of the goods, the name and information on the place where the goods are to be delivered and information on the price, conditions, method and date of transport of the goods to the agreed place of delivery for the buyer, identification information on the seller (business name, registered office, company registration number and other information.

   2.4. The Buyer may deliver via e-mail or notify the Seller by telephone within 24 hours of sending the order to the Seller, a notice that the order is being cancelled. The Buyer is obliged to provide the name, e-mail and description of the ordered goods in the notice of cancellation of the order. In the event of cancellation of the order, the Seller considers the order as if it had never been placed. There are no sanctions associated with the cancellation of the order until the moment it is sent to the Buyer.

   2.5. The Buyer agrees to the use of distance communication means when concluding the purchase contract and in connection with its performance. The costs incurred by the Buyer when using distance communication means in connection with the purchase contract (costs of Internet connection, telephone calls) are borne by the Buyer himself.

   2.6. The Purchase Agreement is archived by the Seller for the purpose of its proper performance and is not accessible to third parties unless otherwise stated in these Terms and Conditions. The Purchase Agreement is concluded in the Slovak language.

3. RIGHTS AND OBLIGATIONS OF THE SELLER

   3.1. The seller's obligations include: based on a confirmed order, deliver the goods to the buyer in the agreed quantity, quality and deadline. The seller is obliged to pack the ordered goods or prepare them for transport in a manner necessary for their preservation and protection, to ensure that the delivered goods meet the criteria of the relevant effective legal regulations of the Slovak Republic. Together with the goods, the seller must submit in written or electronic form all documents necessary for the receipt and use of the goods and other documents prescribed by applicable legal regulations (instructions in the Slovak language, warranty certificate, delivery note, tax document).

   3.2. The Seller shall provide the contracted carrier (in case the goods are delivered via a contracted carrier) with all necessary personal data of the Buyer. The purpose of providing personal data to the carrier is the delivery of the ordered goods (name/business name, address, telephone number).

   3.3. The seller's rights include the proper and timely payment of the purchase price by the buyer for the delivered goods.

   3.4. The Seller has the right to cancel the order if, due to the sale of stocks or unavailability of the goods, he is unable to deliver the goods to the Buyer within the period specified in these Terms and Conditions or at the price stated in the online store, unless he agrees with the Customer on a substitute performance. The Customer will be informed of the cancellation of the order by telephone or e-mail and in the event of payment of the purchase price or part thereof, the funds will be returned to the account specified by him within 15 days, unless otherwise agreed with the Seller.

4. RIGHTS AND OBLIGATIONS OF THE BUYER

   4.1. The buyer's obligations include: payment of the agreed purchase price, including the costs of delivering the goods, within the agreed period, acceptance of the purchased or ordered goods at a previously agreed location. The buyer is obliged to confirm acceptance of the goods in the delivery note with his signature or the signature of a person authorized by him and a stamp, if available. Other obligations include not damaging the seller's good name.

   4.2. The Buyer has the right to delivery of goods in the quantity, quality, date and place agreed upon by the contracting parties in the binding acceptance of the order.

5. DELIVERY AND PAYMENT TERMS

   5.1. The list of goods sold in the e-shop is a catalog. The goods sold in the e-shop are Slovak, handmade natural cosmetics. All products have passed several tests and are announced on the European portal of cosmetic products.

   5.2. The seller shall send the order to the buyer as soon as possible after receiving the electronic order form. The delivery period is 15 days from the date of ordering the goods. The goods are normally dispatched within 3 working days and in the event that the goods are not available in stock, or if the production of the ordered goods or other circumstances require it, the buyer agrees to extend the delivery period. In the event that the seller is unable to deliver all the ordered goods to the buyer within the agreed date, the seller shall notify the buyer of this situation as soon as possible and shall inform him of the expected delivery date of the ordered goods or shall propose the delivery of replacement goods.

   5.3. Unless the parties agree otherwise, the place of delivery of the goods is the place specified in the order acceptance. The buyer is obliged to take delivery of the goods at the place specified in the order acceptance.

   5.4. The buyer will receive the proof of receipt of the goods, which is also a proof of payment for the goods (in the case of goods that are paid on delivery), upon receipt of the goods. The proof of receipt of the goods is also an order for the goods in written form. No later than 14 days after delivery of the goods, a tax document with a calculation of the purchase price and VAT will be sent to the buyer by e-mail. The buyer will receive the invoice for the ordered goods at the e-mail address specified in the order.

   5.5. In the event that the seller delivers the goods to the buyer at the location specified in the purchase contract by the buyer, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person whom he authorizes in the event of his absence to take over the goods specified in the purchase contract and sign the protocol on delivery and handover of the goods. If the buyer does not pay or does not take over the ordered goods (i.e. the shipment is returned as undeliverable through no fault of the seller, e.g. if the contractual carrier did not find the addressee, did not notify about the storage of the shipment, the buyer did not take over the shipment by mistake or intentionally, etc.), (except for the situation that the goods are damaged - point 5.6. of the terms and conditions) the seller may demand compensation for damage caused by the breach of the obligation to which the contractual penalty applies. In such a case, the contractual penalty is set at least in the amount of the postage paid. The buyer who did not accept the order will be sent an e-mail message requesting information as to why the order was not accepted. The buyer has 7 days from the date of sending the message to respond to this request. If the buyer requests that the returned shipment be resent, the seller will charge a second handling fee and postage according to the valid price list to the total price of the shipment. Re-sending of the returned shipment is only possible upon payment in advance. If the buyer does not respond to the seller's request within the specified period, the order will be canceled by the seller.

   5.6. Immediately upon delivery of the goods, the buyer is obliged to check the shipment, i.e. the shape and its packaging, in the presence of the carrier. In the event that the packaging or goods are mechanically damaged, the buyer is obliged to immediately notify the carrier of this fact and make a record of the extent and nature of the damage to the goods, the correctness of which will be confirmed by the carrier. Based on the record thus made and delivered to the seller, the seller may subsequently provide the removal of the defect in the goods, a discount on the goods or, in the case of irremovable defects in the goods, deliver new goods to the buyer.

   5.7. The buyer has the option to pay for the ordered goods: upon receipt of the goods (cash on delivery) - in cash or in advance by transfer to an account, or via the payment gateway - PayPal or via the payment gateway - Stripe.

6. PURCHASE PRICE

   6.1. The buyer is obliged to pay the purchase price for the goods as well as the costs of delivering the goods in the agreed amount to the seller. The buyer can choose from the methods by which he will pay the purchase price for the ordered goods. The purchase price can be paid either on delivery - in cash through the company that provides delivery of the goods, by bank transfer to the seller's account specified in the binding acceptance of the order, or through the payment gateway - PayPal, or through the payment gateway Stripe.

   6.2. The price of the goods is determined according to the valid price list and is valid as sent to the buyer in the confirmation e-mail. The seller reserves the right to change the purchase price in the event of changes in legal regulations. In the case of discounted (promotional) prices of goods, these are clearly marked with symbols (such as "promotion" or "sale"). The validity of the discounted prices lasts until the stocks run out or for the duration of the period specified for the discounted price.

   6.3. The purchase price for the agreed goods must be paid by the buyer within the period specified in the purchase contract, but no later than upon receipt of the goods. If the buyer decides to pay the purchase price by bank transfer, the day of payment is considered the day on which the purchase price was credited to the seller's account.

   6.4. In accordance with the laws of the Slovak Republic, the buyer may withdraw from the purchase contract and request a refund after payment. The buyer may do so without giving a reason within 14 days from the date of receipt of the goods.

   6.5. The seller may withdraw from the purchase contract if the buyer does not pay the agreed purchase contract price no later than upon receipt of the goods.

   6.6. In the event that the customer is currently located or lives abroad, the operator will agree on payment and delivery terms with the customer individually. When delivering the order to the Czech Republic, the customer pays the price of the goods and shipping by courier service in CZK according to the current exchange rate of the National Bank of Slovakia ( www.nbs.sk ).

   6.7. Unless otherwise stated, all promotions, as well as discounts on goods, are valid while stocks last.

7. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK IN THE GOODS

   7.1. The buyer acquires ownership of the goods only upon full payment of the agreed purchase price for the goods.

   7.2. The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller, or if he fails to do so in a timely manner, at the time when the seller allows him to handle the goods and the buyer does not take over the goods.

8. WITHDRAWAL FROM THE PURCHASE CONTRACT

   8.1. Withdrawal from the contract by the buyer who is a consumer:

   Pursuant to the provisions of Section 7 of Act No. 102/2014 on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments and supplements to certain laws, the buyer has the right to withdraw from the contract concluded in this way without giving a reason within 14 calendar days from the date of receipt of the goods or from the conclusion of the contract for the provision of services, while it is necessary that a letter of withdrawal from the contract is sent to the seller within the specified period.

   The consumer buyer should return the goods no later than 14 days from the date of withdrawal from the contract, complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which the goods were received. In the event of withdrawal from the contract within 14 days by the buyer who is a consumer, the consumer must send the withdrawal to the e-mail address or notify it by telephone. If the buyer decides to withdraw within the specified period, we recommend that the goods be delivered to the seller's address together with an attached cover letter with any reason for withdrawal from the purchase contract (not a condition), with the purchase document number and the specified bank account number or with an indication of whether the amount will be paid in cash or whether it will be drawn for another purchase. If all the above conditions for returning the goods are met, the buyer will be entitled to a refund of the paid financial amounts associated with the returned goods, which will be returned to the buyer no later than 14 days after withdrawal from the contract. If the account number is not provided, the amount is automatically prepared within the same period for withdrawal through another purchase or for cash withdrawal upon presentation of the original credit note, which is sent to the customer without undue delay after the withdrawal from the purchase contract is resolved.

   8.2. The Seller is entitled to withdraw from the purchase contract in the event of stock shortages, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has suspended production or made such significant changes that it has become impossible to fulfill the Seller's obligations arising from the purchase contract or for reasons of force majeure or if, even after making all efforts that can be fairly demanded of him, he is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price stated in the online store. The Seller is obliged to immediately inform the Buyer of this fact and return the advance payment already paid, the payment made (if provided) for the goods agreed in the purchase contract within 15 days of the notification of withdrawal from the contract by transfer to the account specified by the Buyer, or in another agreed manner.

   8.3. By sending the order to the seller, the buyer confirms that the seller has timely and properly fulfilled its information obligations pursuant to the provisions of Section 3 of Act 102/2014 Coll. - on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the seller's premises, amending and supplementing certain acts.

   8.4. The buyer must withdraw from the contract in writing in the form of a completed form, the text of which will be delivered by the seller to the buyer when placing the order.

   8.5. Withdrawal from the purchase contract according to the previous point of these general terms and conditions must contain the identification of the buyer, the order number and date, the exact specification of the goods, the method by which the seller is to return the already received performance, in particular the account number and/or postal address. At the same time as withdrawal from the purchase contract, the buyer is obliged to deliver the goods to the seller together with accessories, including documentation, instructions, warranty card, proof of payment, etc. and in the original packaging.

   8.6. In the event that the buyer withdraws from the contract within 14 days of receipt of the goods and delivers the goods to the seller that are in the original packaging and are not damaged or incomplete, the seller will refund to the buyer the purchase price already paid for the goods specified in the binding acceptance of the order within 14 days of delivery of the withdrawal from the purchase contract and delivery of the goods to the seller by bank transfer to the buyer's account designated by the buyer.

   8.7. In the event that the buyer withdraws from the contract and delivers to the seller goods that are used and damaged or incomplete, the seller shall return to the buyer the purchase price already paid for the goods specified in the binding acceptance of the order or a part thereof reduced in accordance with the provisions of Section 457 of the Civil Code on the value of repair and restoration of goods to their original condition within 15 days from the delivery of the withdrawal from the purchase contract and delivery of the goods to the seller by bank transfer to the buyer's account specified by the buyer.

   8.8. In the event of a valid withdrawal from the contract, the Seller shall refund the purchase price to the Buyer, including the costs incurred by the Buyer in connection with ordering the goods, if the Buyer, together with the goods, submits to the Seller written documents on the costs incurred by the Buyer in connection with ordering the goods. The Buyer shall not bear the costs of returning the goods only if the goods did not fully meet the quality requirements and were also defective. Goods fully meeting the quality requirements are considered to be goods of the same or similar characteristics as those listed in the offer of goods on the Seller's website.

   8.9. In the event that the buyer fails to fulfill any obligation specified in points 9.4. and 9.5. of these general terms and conditions, the withdrawal from the purchase contract is not valid and effective and the seller is not obliged to return the purchase price to the buyer and is also entitled to reimbursement of the costs associated with sending the goods back to the buyer.

9. LIABILITY FOR DEFECTS, WARRANTY AND COMPLAINTS

   9.1. Liability for defects, warranty conditions, as well as the method of handling complaints are governed by the complaints procedure and the applicable legal regulations of the Slovak Republic.

10. FINAL PROVISIONS

    10.1. The Seller reserves the right to change these General Terms and Conditions. The obligation to provide written notice of changes to these General Terms and Conditions is fulfilled by posting them on the Seller's e-commerce website.

    10.2. If the purchase contract is concluded in writing, any change to it must be in writing.

    10.3. In case of doubt, the parties agree that the purchase contract is governed by Slovak law.

    10.4. The contracting parties have agreed that communication between them will be carried out preferably in the form of e-mail messages.

    10.5. In the event of a possible dispute between the contracting parties, such a dispute is desirable and possible to resolve through the alternative dispute resolution system pursuant to Act No. 391/20015 Coll. On Alternative Resolution of Consumer Disputes. Possible resolution platform: www.economy.gov.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s .

    10.6. The relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. on electronic commerce and amending Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and amending certain acts as amended by Act No. 284/2002 Coll. as amended by later regulations and the Act on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller's Business Premises and amending certain acts No. 102/2014 shall apply to relationships not governed by these General Terms and Conditions.

    10.7. These terms and conditions come into effect for the buyer upon conclusion of the purchase contract, in particular by electronic confirmation as part of the acceptance of the electronic order.

    10.8. By sending an order, the buyer confirms that he has read these general terms and conditions and agrees with them in full.