I. General provisions
These terms and conditions apply to purchases in the online store www.sobi.eco (hereinafter referred to as “E-shop”).
The Seller and the online store operator (hereinafter referred to as the “Seller”) is:
Organization name: sobi, o. z.,
Registered seat: Uhliská 9751/2, 83107 Bratislava-Vajnory, Slovak Republic
IČO (Organization Identification No.): 51000601
DIČ (Tax Identification No.): 2120621294
Account Name: sobi
IBAN – Account Number: SK7683300000002601265767
BIC / SWIFT: FIOZSKBAXXX
Registered: MoI of the Slovak Republic on 7th July 2017 under registration number VVS / 1-900 / 90-51537
Registered: in the Trade Register on 29th September 2017 under the trade register number 110-261379
These Terms and Conditions define and specify the rights and obligations of the Seller (supplier) on the one hand and the Buyer (customer) on the other.
All contractual relations between the Seller and the Buyer are concluded in accordance with the law of the Slovak Republic. In case the contracting party is a natural person, relationships not regulated by these Terms and Conditions shall be governed by Act no. 40/1964 Coll. Civil Code, as amended, by Act no. 250/2007 Coll. Consumer Protection Act, as amended, and Act No. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services on the basis of a distance or off-premises contract of the Seller and on amending and supplementing certain laws, as amended.
The Seller undertakes to adhere to the general principles of the Corporate Code of Ethics.
If the contracting party is an entrepreneur, the legal relations not governed by these Terms and Conditions shall be governed by Act no. 513/1991 Coll. of the Commercial Code, as amended. The Seller and the Buyer agree that by sending an order to the Seller, the Buyer confirms the agreement that these terms and conditions will apply to all purchase contracts concluded on the e-shop website www.sobi.eco based on which the Seller delivers the goods offered on this website to the Buyer (hereinafter referred to as the “Purchase Agreement”) and to all relations between the Seller and the Buyer arising especially during the conclusion of the Purchase Agreement and the complaint of goods.
The Seller and the consumer have agreed to fully recognize the electronic form of communication, in particular through electronic mail and the Internet through the E-shop, as valid and binding on both parties.
Terms and Conditions – are all contractual provisions agreed between the Seller and the Buyer in this document. By submitting their order, the Buyer confirms that they have read these terms and conditions before placing their order.
Buyer – The Buyer is a natural person having the capacity to perform legal acts or a legal entity who have expressed an interest in purchasing goods through the E-shop and concluded a purchase contract for the offered goods with the E-shop operator through duly completing and sending a binding order through the E-shop. The statutory body or representative acts on behalf of the Buyer who is a legal entity.
Consumer – a natural person or legal entity that purchase products or use services for personal use or for persons resident in their home or seat and do not act within the scope of their business or other business activities in concluding and performing the customer contract.
A non-consumer buyer – is a person who, in concluding and performing a purchase contract, acts within the scope of their business or other business activity.
The delivery company is GEIS – courier company or Slovak Post, especially for consignments sent abroad, the business activity of these companies being the provision of courier, transport, storage and ancillary services.
Order form – the electronic form contains the Buyer’s personal data, marking of the ordered goods, the purchase price of the ordered goods, the place of delivery, the way of delivery of the goods and the price for delivery of the goods to the place of delivery.
Current offer of goods and services – is the offer of goods and services published on the website www.sobi.eco. It contains namely the name of the goods/services, description of the goods/services, illustrative photo of the goods/services and current price. Changes in the current offer of goods and services (including price changes) are effective as of the moment of their publication on the website www.sobi.eco. Purchase contracts concluded prior to the respective change in the current offer of goods are not subject to this change.
III. Conclusion of the purchase contract
The conclusion of the purchase contract, based on which the Seller delivers the ordered goods to the Buyer, is based on a proposal to conclude a purchase contract (which is considered a binding order of the Buyer through the online store www.sobi.eco) and written acceptance of the proposal (via e-mail) to conclude the contract by the Seller.
The proposal for the conclusion of the contract is the Buyer’s order made by filling in the order form on the website www.sobi.eco and sending it through the E-shop.
The order includes a statement confirming that the Buyer has read these Terms and Conditions.
At the same time, by sending the order form, the Buyer confirms that all the information given by them is true.
The Buyer agrees that the order includes an obligation to pay the price for the ordered goods and services, including the obligation to pay the price for the service already provided (if they withdraw from the contract and gave the appropriate consent). The proposal to conclude the contract expires upon the Seller’s rejection of the Buyer’s proposal or when the 7-day period for accepting the proposal expires.
Acceptance of the proposal for the conclusion of the contract is an early written Order Confirmation (by e-mail) by the Seller addressed to the Buyer, in which the Seller confirms that they accept the Buyer’s proposal for the conclusion of the contract. The acceptance of the proposal shall take effect upon delivery of the acceptance of the proposal by the Buyer at the email address specified in the order form. Silence or inaction by the Seller does not imply acceptance of the proposal.
The seller is entitled to reject the proposal to conclude the contract without giving any reason. The Buyer is not entitled to conclude a Purchase Agreement. The Purchase Agreement is concluded at the moment when the acceptance of the proposal for conclusion of the contract becomes effective, i.e. at the moment of delivery of the acceptance of the proposal by the Seller to the Buyer. The subject of the concluded Purchase Agreement is the Seller’s obligation to deliver to the Buyer the goods to the designated place of delivery in the agreed quantity, price, quality and deadline and the obligation of the Buyer to take over the goods at the place of delivery at the agreed time and to pay the purchase price and freight in the agreed due date.
Any change of the order after the conclusion of the Purchase Agreement is a proposal to change the content of the Purchase Agreement and is possible only by mutual agreement of the Buyer and the Seller. The other party is not obliged to accept the proposal to change the content of the Purchase Contract.
The seller handles orders in the order in which they arrive.
If not agreed otherwise, The Seller has the right to cancel the Order/Purchase Agreement if, due to the unavailability of the goods, even with every effort that can be fairly demanded from him, the Seller is unable to deliver the goods to the consumer within the required time limit. The purchase price, if paid, shall be returned no later than 14 days to the consumer’s account.
IV. Purchase price
The purchase price for the ordered goods is stated in the current offer, in the order as well as in the Order Confirmation, which is the acceptance of the proposal for the conclusion of the contract by the Seller. The purchase price is in EUR currency. The seller is not a VAT payer.
The purchase price consists of the price of the goods listed in the current offer at www.sobi.eco and the cost of transporting the goods from the Seller’s warehouse to the place of delivery, which will be charged to the Buyer separately according to the chosen method of transporting the goods to the place of delivery. All special offer prices are valid only for the duration of the promotion and/or while stocks last, unless otherwise specified for a particular product.
After the conclusion of the Purchase Agreement, the Buyer undertakes to pay the Seller the purchase price in one of the following ways from which the Buyer chooses when ordering the goods:
- bank transfer payment to account: SK7683300000002601265767, Account name: sobi, Fio bank, before delivery of goods,
- direct payment through Besteron payment gateway,
- cash on delivery paid on receipt of goods.
The Buyer’s obligation to pay the purchase price is met when the purchase price is credited to the Seller’s account specified in the Order Confirmation. When paying to the Seller’s account, the Buyer undertakes to provide the correct variable symbol specified in the Order Confirmation. The Buyer acknowledges that if the wrong variable symbol is given, the electronic system does not have to associate the credited payment with its order.
For pre-paid bank transfer orders, the order will be booked for 5 days from the Order Confirmation. If no money is credited to the Seller’s account within this period, the Seller has the right to cancel the order. Goods will be sent only after the full amount has been credited to the account, including postage.
V. Delivery of goods to the place of delivery
The place of delivery is the address specified by the Buyer as the place of delivery in the Order and confirmed by the Seller as the place of delivery. The binding delivery price is specified in the Order Confirmation.
VI. Delivery terms
The Seller delivers the goods to the consumer as soon as possible after receipt, confirmation and, in the case of payment by bank transfer, after payment of the purchase price for the order. The consumer is aware of the fact that the stated delivery dates have an indicative character in fulfilling the Seller’s obligations. Unless stated otherwise in the order confirmation, the Seller undertakes to deliver the goods to the Buyer no later than 5 days after receiving the payment to the Seller’s account. In case of cash on delivery, the goods will be sent no later than 5 days after receipt of the order. The consumer agrees to extend the delivery period if the production of the ordered goods or other circumstances so require. In the event that the Seller is unable to deliver to the consumer all ordered goods within the agreed time, they shall notify the consumer of this matter as soon as possible and notify them of the expected date of delivery of the ordered goods or propose the delivery of alternative goods. If the Seller cannot deliver the ordered goods, they are obliged to inform the Buyer without delay and refund the price paid for the goods within 14 days. The Buyer has the possibility to agree with the Seller on a substitute performance.
The delivery period starts on the day after the purchase price has been credited to the Seller’s account, provided that the Buyer provided the correct variable symbol when paying. If a wrong variable symbol is specified, the delivery period starts to run only after the payment has been assigned to the Buyer’s order. The Seller’s obligation to deliver the goods is fulfilled by handing over the ordered goods to the deliverer.
Together with the goods at the latest, the Seller shall deliver to the Buyer in written or electronic form all documents necessary for the takeover and use of the goods and other documents prescribed by the valid legal regulations. The accounting document also serves as a guarantee letter. The ownership right to the goods passes to the Buyer upon delivery of the goods subject to the right of ownership – by full payment of the purchase price.
The risk of damage to the goods passes to the Buyer at the moment of taking over the goods by the Buyer or an authorized person, or if they do not do so in time when the Seller allows them to dispose of the goods and the Buyer does not accept the goods.
If the Buyer fails to take over the goods and the goods is returned to the Seller, the Seller shall be entitled to withdraw from the Purchase Agreement and to require the Buyer to reimburse the costs of delivery and packing related to the unsuccessful delivery of the goods. In the event that the Seller agrees with the Buyer to resend the shipment, the Seller shall charge for the reshipment to the Buyer, which the Buyer is obliged to pay in advance, by bank transfer, unless otherwise agreed.
VII. Acceptance of goods
When taking over the goods, the Buyer is obliged to check the physical integrity and completeness of the shipment. In the event of damage to the packaging of the shipment, it is necessary to check the contents of the shipment at the place of delivery of the goods and write a report with the shipper on any faults caused during transport. If such a situation occurs, the Buyer is obliged to inform the Seller without delay.
If the Buyer accepts the goods in spite of evident damage to the packaging without writing a report on the detected errors with the delivery person, the Seller is entitled to refuse any later complaints for this reason.
If the shipment does not show any signs of damage and the addressee confirms its receipt, the shipment becomes the property of the Buyer. The Buyer is obliged to check the contents of the consignment immediately upon receipt and report any defects immediately to the Seller immediately, at the latest within 24 hours from the delivery of the consignment. It is important to keep the shipment in its original condition, including packaging and fillings.
If the shipment has not been delivered within the expected timeframe (within 5 business days from receiving the shipment e-mail), the Buyer can verify where the shipment is located as follows:
- Ask the Seller by email to send the shipment number.
- Check the location of the consignment in the online system on the basis of the shipment number.
- If the shipper has lost the shipment, the Buyer is obliged to contact the Seller without delay, but no later than 18 days after receiving the shipment e-mail.
If the Seller is not informed of the loss of the shipment within 18 days of sending the shipment e-mail, the shipment shall be deemed delivered.
VIII. Warranty period, complaints
Customer (Buyer) in the online store is any natural or legal person who sends an electronic form with the order of goods.
Procedure of the Buyer who is a consumer within the meaning of Section 52 article 3 of Act no. 40/1964 Coll. of the Civil Code, as amended, is governed by Sections 619 to 627 of Act no. 40/1964 Coll. of the Civil Code, as amended, Act no. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses, as amended.
Procedure of the Buyer who is not a consumer within the meaning of Section 52 article 3 of Act no. 40/1964 Coll. of the Civil Code, as amended, is governed by Sections 422 to 442 of Act no. 513/1991 Coll. of the Commercial Code, as amended.
The warranty period is 24 months with the exceptions stipulated by the Act. The warranty period begins on the day of receipt of the goods by the Buyer. The Buyer acknowledges that they are obliged to inspect the goods immediately upon receipt. In the event that the goods on receipt by the Buyer do not correspond to the purchase contract, the Buyer is obliged to immediately inform the Seller.
The warranty period is extended by the period during which the Goods were under warranty repair. If the Goods are replaced, a new warranty period begins. The warranty does not cover damage caused by improper use of the goods, inadequate or inappropriate treatment, due to natural changes in the materials from which the goods are made, improper storage or handling clearly leading to product damage, most commonly falling or any damage by Buyer or third person. Nor does the warranty apply to the wear and tear of a thing caused by its normal use.
Complaint shall mean the right exercised by the Buyer during the Warranty Period arising from the Seller’s liability for defects in the delivered goods, which requires a certain remedy, or compensation for defective performance, or failure to fulfill the subject of the contract.
Complaints are handled according to the valid legal regulations of the Slovak Republic.
Procedure for handling complaints
Complaints may be submitted in writing at the Seller’s address or by e-mail at firstname.lastname@example.org. When making a complaint, the Buyer is obliged to follow the Complaints Procedure of the online store www.sobi.eco, which is stated HERE (hereinafter referred to as the “Complaints Procedure”). The Return and Refund Policy or Complaints Procedure is an integral part of these Terms and Conditions. The time limit for handling a complaint is a maximum of 30 days from the date of the complaint. The seller will inform the client about the complaint handling in writing by email or post. The total amount for the recognized claim for goods returned to the Seller in accordance with the Complaints Procedure will be transferred to the Buyer’s account specified in the claim within 14 days from the date of the claim.
IX. Order withdrawal, withdrawal from Contract
The Buyer may withdraw from the order by e-mail or by telephone if they have not received the Order Confirmation (i.e. until the Purchase Agreement has been concluded). In the order withdrawal it is necessary to state the name, e-mail, order number and description of the ordered goods.
The Buyer may withdraw from the Purchase Agreement (i.e. after receipt of the Order Confirmation) in writing by e-mail to email@example.com, or via another durable carrier if the shipment has not yet been shipped.
Pursuant to Section 7a et seq. of Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services under a distance or off-premises contract of the Seller and amending certain laws, as amended, the Buyer, if they are the Consumer, is entitled to withdraw from the purchase contract within 14 (fourteen) days from the date of receipt of the goods. However, within the meaning of Section 7 article 6 of the aforementioned Act the Buyer may not withdraw from the contract for the sale of goods made according to the specific requirements of the consumer, goods made to measure or goods designed specifically for one consumer. The written notice of withdrawal must be sent to the Seller within the given period. Goods in their original condition must be sent to the Seller no later than 14 days from the date of withdrawal. Withdrawal form is published on the e-shop website www.sobi.eco. Withdrawal from the contract may be performed by electronic means of communication to the e-mail address firstname.lastname@example.org.
Goods must be sent to the address of the Seller as a parcel by registered mail and insured. The Seller shall not be liable for any damage or loss on return delivery. Buyer must not send the Goods by cash on delivery because the cash on delivery will not be received. The Buyer shall bear the cost of returning the goods. The package must contain a copy of the tax document that was shipped with the goods.
In order to maintain legal certainty and provableness of order withdrawal, or withdrawal from the Contract, it is appropriate that the withdrawal from the order, or withdrawal from the Contract be always sent by e-mail. The withdrawal of the Order or withdrawal from the Purchase Agreement is effective on the day it is delivered to the Seller.
The withdrawal of the Buyer from the Purchase Agreement terminates the contract from the beginning.In case of return of damaged goods, the Seller shall return to the Buyer the purchase price reduced by compensation for damage caused to the goods. The Seller’s claim for damages expires by offsetting against the Buyer’s claim for refund of the purchase price.
After withdrawal from the contract and after meeting all of the above conditions for the return of goods, the price paid for the goods, or its remainder after reduction to compensate for damages, the Seller shall return to the Buyer within 14 days from the date of delivery of the withdrawal notice, unless otherwise agreed with the Seller and the Buyer. If any of the above conditions is not met, the Seller will not accept the withdrawal and the goods will be returned at the Buyer’s expense. The
Seller is entitled to withdraw from the Purchase Contract for the following reasons:
- if the Buyer has not paid the purchase price to the Seller’s account within 5 days from the Order Confirmation,
- if the Buyer does not receive the ordered goods from the courier,
- if, despite all the efforts of the Seller that may be required of them, the Seller is unable to deliver the goods, in particular because the goods have been sold out, are no longer manufactured or delivered and it is not within the Seller’s ability to procure them otherwise.
The Seller’s withdrawal from the Agreement is effective on the day the withdrawal is delivered to the Buyer, provided that the withdrawal in the form of an email is sufficient for the withdrawal. The Seller shall return the already paid purchase price to the Buyer within 14 days from withdrawal by bank transfer to the Buyer’s account, unless otherwise agreed with the Buyer.
However, the Seller’s withdrawal from the contract shall not affect the Seller’s claim for damages, in particular the costs incurred in connection with the futile attempt to deliver the goods to the Buyer if the withdrawal was due to reason referred to under point 2 in the preceding paragraph. The Seller shall be entitled to satisfy any of their claims against the Buyer from the funds paid by the Buyer and to refund the amount reduced by their claims.
X. Possibilities and conditions of dispute settlement through the alternative dispute settlement system
The Buyer – Consumer has the right to contact the Seller for redress (by email at email@example.com) if they are not satisfied with the way the Seller settled their claim or if they consider that the Seller have violated their rights. If the Seller responds negatively to this request or fails to respond within 30 days of its dispatch, the Consumer shall have the right to file a proposal for an alternative dispute settlement to an alternative dispute settlement entity (ARS entity) pursuant to Act 391/2015 Coll. ARSs are bodies and authorized legal entities pursuant to Section 3 of Act 391/2015 Coll. The Consumer may submit a proposal in the manner specified pursuant to Section 12 of Act No. 391/2015 Coll.
Alternative dispute settlement can only be used by a Consumer – a natural person who, when concluding and performing a consumer contract, do not act within the scope of their business, employment or profession. Alternative dispute settlement only concerns a dispute between the Consumer and the Seller arising out of or relating to a consumer contract. Alternative dispute settlement only applies to distance contracts.
The supervisor of this E-shop is: SOI (Slovak Trade Inspection) Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, Slovak Republic, e-mail: firstname.lastname@example.org, tel. no. 02/58 27 21 72, 02/58 27 21 04.
XI. Data protection
You can find the information on data protection HERE.
XII. FINAL PROVISIONS
These Terms and Conditions come into effect on 1st January 2019. The Seller reserves the right to change these terms and conditions. Any changes to these Terms and Conditions come into effect on the date of their publication on the website www.sobi.eco.
The legal relationships established by the Purchase Agreement shall be governed by the provisions of the Purchase Agreement (i.e. the contents of the Order and Order Confirmation), the provisions of these Terms and Conditions (T&C), the relevant provisions of the Civil Code. The provisions of the Contract have precedence over provisions of these T&C and generally binding legal regulation and provisions of these T&C have precedence over the available provisions of generally binding legal regulations.
In case that any provision of these T&C is or becomes invalid, ineffective and/or unenforceable, this shall not affect the validity, effectiveness and/or enforceability of the other provisions of these T&C, unless the very nature of such provision precludes it under applicable law. The Parties undertake to replace, without undue delay, any provision of the Purchase Agreement or these T&C that is invalid, ineffective and/or unenforceable, with a new provision in force, the content of which will fulfill the purpose of the original provision to the greatest extent possible.
Last update: 11th February 2019