1. General business terms and conditions
1.1. These general business terms and conditions and obligations of the parties resulting from the agreement on providing services entered into between the Seller, WELLNESS, s.r.o., registered office: Patince 431, 946 39 Patince, ID No./IČO: 35 844 965, VAT ID No./IČ DPH: SK2021691221, Nitra District Court, Section: Sro, File No. 18357/N, Represented by: Ing. Peter Hudec, Managing Director
(hereinafter only as the “Seller”) and the buyer, who is the end consumer ordering the services by means of the Seller’s eshop (hereinafter only as the “Buyer”).
1.2. The address of the registered office and contact data of the Seller specified above serve as the contact data of the Seller for the purposes of raising claims or complaints or other communication with the Seller.
1.3. Activity of the Seller is subject to supervision of the of the Slovak Trade Inspection – STI Inspectorate for Nitra Region, Staničná 9, P. O. BOX 49A, 950 50 Nitra 1
1.4 Every consumer (Buyer) has the right, for the purposes of protecting their consumer rights arising from the agreement on providing services entered in accordance with these general terms and conditions, to recourse to an entity for alternative dispute settlement; that will not affect the right to recourse to the court. In the case the Buyer is not satisfied with the manner the Seller settles their claim or believes that the Seller violated their rights, the Buyer will have the right to request the Seller to remedy the situation. If the Seller refuses such request of the Buyer or fails to respond to such request within 30 (thirty) days of its date, the Buyer will have the right to file a petition for commencing an alternative dispute settlement with an entity for alternative dispute settlement in accordance with Act No. 391/2015 Coll. on alternative settlement of consumer disputes. The competent entity for alternative settlement of consumer disputes with the Seller is: Slovak Trade Inspection or another competent authorised legal entity registered in the list of entities for alternative dispute settlement maintained by the Ministry of Economy of the Slovak Republic. The Buyer has the right to choose the entity for alternative dispute settlement.
1.5. The Buyer can file the petition for initiation of the alternative dispute settlement also by means of the platform for alternative dispute settlement that is available on-line on: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
1.6. Upon submitting the electronic order to the Seller, the Buyer agrees that these general terms and conditions and their provisions will apply to all agreements on providing services entered into on the website of the eshop operated by the Seller, based on which, the Seller will deliver services presented on the website to the Buyer (hereinafter only as the “Purchase Agreement”) and to all relations between the Seller and the Buyer arising from the signed agreement on providing services and to claiming services.
1.7. General business terms and conditions constitute an inextricable part of the agreement on providing services.
1.8. The offer of services on the eshop website operated by the Seller is a catalogue of regularly provided services and the Seller does not guarantee immediate availability of all specified services. The availability of goods will be confirmed to the Buyer by an e-mail confirming acceptance of the Buyer’s order.
1.9. The Seller is bound to the Buyer by its offer of services presented on the Seller’s website, including the price, for the minimum time period of 24 hours of the time when notification on receiving the order to the Buyer is sent.
2. Form of Entering Into the Purchase Agreement
2.1. The Buyer will make an order and commit to pay for services by means of filling in and submitting the form, by the Buyer, on the Seller’s website and/or in the form of Buyer’s phone order from the Seller (hereinafter only as the “Order”).
2.2. The Agreement on providing services will be deemed entered into upon binding acceptance of the order by the Seller in the form of e-mail message confirming the acceptance of the Buyer’s order (hereinafter only as the “Confirmation of the Order”). Automatically generated notification on the receipt of the order to the electronic system of the Seller is not considered to be a binding acceptance of the order.
2.3. Based on a signed Agreement on providing services, the Seller will provide the Buyer with a voucher authorising the Buyer to use ordered services (hereinafter only as the “Voucher”), by means of Slovak Post or by a courier service based on the choice of the Buyer in the Order.
3. Delivery Terms
3.1. The Seller is obliged to provide the Buyer with services in agreed quantity, quality and time and deliver the Voucher for that purpose to the Buyer.
3.2. The Buyer is obliged to receive the Voucher for ordered services, pay the agreed purchase price to the Seller in the agreed time period, including costs of delivery of goods, to not damage the reputation of the Seller’s business name, to confirm receipt of the Voucher by their signature or signature of a person authorised by them.
3.3. The Buyer is not obliged to use the services; unless the Buyer makes use of the services, the Buyer will not be entitled to the return of the purchase price neither to provision of substitute services or equal services at other time period.
3.4. Each order will be attached with tax document meeting essentials laid down in the law.
4. Purchase Price
4.1. The Purchase Price of services is always specified on the Seller’s eshop website, including VAT. The Seller reserves the right to change prices of services at any time. That does not affect the price for services in already confirmed orders.
4.2. After confirming the order by the Seller, the Buyer is obliged to pay the purchase price for services specified in the order to the Seller, including costs of delivery of goods (hereinafter only as the “Purchase Price”) in the form of bank transfer to the bank account of the Seller by means of the payment portal that forms a part of the eshop.
4.3. The date when the entire Purchase Price is credited to the Seller’s account will be deemed the date of payment.
5. Claims Handling Procedure (liability for damages, warranty, claims)
5.1. The Seller is liable for damages of services and the Buyer is obliged to raise any claim with the Seller without undue delay based on these general business terms and conditions.
5.2. Unless services are provided in a due manner and show defects, the Buyer will have the right to raise a claim, in its place of operation, by filling the form for raising claim and delivering it to the Seller. The Buyer is obliged to precisely designate the type and scope of defects of goods in the form.
5.3. The Buyer is obliged to claim defects of services with the Seller without undue delay after they are provided and, if they are not provided at all, of the day when they are supposed to be provided.
5.4. The day of raising the claim is also deemed as the beginning of the claims handling procedure.
5.5. The Seller will, on the day of receiving the claim, provide the Buyer with a certificate of receiving the claim in a suitable format that will be determined by the Seller.
5.6. Due to the nature of services provided by the Seller, the Seller will remove claimed defects of services by providing substitute services or in the form of a discount of the purchase price. In cases when it is not possible to remove defects of services by providing substitute services, neither in the form of a discount, the Buyer will be entitled to the return of the purchase price.
5.7. The Seller is obliged to provide the Buyer with a written document about handling of the claim no later than on the 30th day of the day of raising the claim.
5.8. Handling of the claim will only apply to defects specified in the form for raising claim.
6. Personal Data Protection
6.1 The Seller processes voluntarily provided data of the Buyer, namely, name, last name, address, email, phone number, as it is necessary to process such personal data for the purposes of performance of the purchase agreement whereby the Seller and the Buyer at the parties thereto and/or to arrange the request of the Buyer prior to entering into the purchase agreement on goods and services of the Seller and for performance of obligations of the Seller imposed by generally binding legal regulations. Personal data processing by the Seller is carried out for the time period necessary for exercising rights and obligations arising from the agreement and generally binding legal regulations.
6.2. The Buyer can, by clicking the respective box prior to sending the order, express their consent with sending information about news and special offers of the Seller (newsletter). Upon clicking the box, the Buyer, as the data subject, will grant, of their free and voluntary will, the Seller with the expressed consent, in the sense of the Personal Data Protection Act and relevant EU regulations, to use provided email address for marketing purposes – sending of the newsletter by email. The Buyer will provide such consent with personal data processing for the period of 5 years.
6.3. The Buyer is liable for completeness, accuracy and correctness of provided personal data. In the case of changes in provided personal data, the Buyer will be obliged to notify their change to the Seller or update it directly in their user account.
6.4. The Buyer can withdraw the consent with personal data processing for marketing purposes (for sending the newsletter) at any time, by clicking on the respective link included in each marketing email from the Seller, by sending email to the Seller or in person, at the registered office of the Seller.
6.5. If provided personal data becomes obsolete, if the consent with personal data processing is withdrawn, after the purpose is met or the time period for which the consent with personal data processing is granted expires or if the storage is inadmissible for any legal reasons, stored personal data will be deleted.
6.6. Personal data protection is regulated in the Personal Data Protection Act and relevant EU regulations that also regulate rights of the Buyer as the data subject. The Buyer has the right to free provision of information on the processing of their stored data. Provided that requirements set in generally binding legal regulations are kept, the Buyer will also have the (i) right to access their personal data, (ii) right to remedy inaccurate personal data, (iii) right to restrict (block) personal data processing, (iv) right to object to the processing of their personal data for direct marketing purposes, (v) right to erasure of personal data, especially when it is not necessary for the purposes for which it has been collected or otherwise processed or if they remove their consent with its processing or if the personal data is processed illegally. Equally, the Buyer also has the right, in the case the set conditions are met, the right to data portability, i.e., the right to receive their personal data voluntarily provided to the Seller, in the electronic format, in structured, usually used and machine readable format and, in this connection, use their right to portability of such data to another controller, if such transfer is technically possible (right to data portability).
6.7. If the Buyer raises any of the rights of data subjects with the Seller based on legal regulations regulating personal data protection and if it is not possible to verify the identity of the requesting party in the request or if the Seller has reasonable doubts concerning the identity of the person submitting the request, the Seller reserves the right to request such person to provide additional information necessary for confirmation of the identity of the person submitting the request.
6.8. As the data subject, the Buyer has the right to file a complaint with the supervisory body, namely, with the Office for Personal Data Protection of the Slovak Republic, residing at Hraničná 12, 820 07 Bratislava, in the case of suspicion that their personal data is processed in contradiction with applicable legislation.
6.9. The Seller declares that it processes personal data only for the above purposes and in line with the Personal Data Protection Act and relevant legal regulations of the EU, using adequate technical, structural and security measures.
6.10. The Buyer’s personal data can also be provided to third persons (recipients), unless it is necessary for performance of the purchase agreement. As part of order handling and purchase agreement performance, the Buyer’s data processing will be, in the necessary extent, provided to contractual service providers of the Seller, such as the logistics services provider, carrier, banks, etc. Such providers may use the data exclusively for the purposes of performance of the purchase agreement.
6.11. As part of the Buyer’s data processing for marketing purposes, the Buyer’s data will be, in the necessary extent, provided to contractual service providers of the Seller, in particular, the marketing services provider. Such providers may use the Buyer’s data exclusively for the purposes for which the Buyer grants the consent to the Seller.
7. Termination of the Purchase Agreement (cancellation of the order)
7.1. Provisions of this article on the right to terminate the agreement do not apply to the following services: providing of accommodation services for purposes different from housing, providing of boarding services or providing services related to leisure time activities, if such services are to be provided at the agreed time or by agreed deadline. In the above cases, consumers (after the Seller confirms the order for accommodation, boarding and other services for a particular time period) may not terminate the agreement. In such cases, it is possible to cancel the order for services only under the terms specified by the Seller.
7.2 For providing of other services that those referred to un the above clause, the Buyer will be authorised to terminate the agreement in first 14 (fourteen) days of the day of entering into the agreement on providing of the service (i.e. the day of confirmation of the order by the Seller), if the Seller meets its notification obligations in a due and timely manner.
7.3. If the Seller meets its notification obligations only additionally, the in a due and timely, the Buyer will be authorised to terminate the agreement in 14 (fourteen) days of the day, when the Seller additionally meets its notification obligations and, if the Seller fails to meet its notification obligations, even additionally, the time period for termination of the agreement will expire 12 months and 14 days of the day of entering into the agreement on providing of the service (i.e. the day of confirmation of the order by the Seller).
7.4. Termination of the agreement by the Buyer will result in cancellation of the agreement from its beginning.. The Seller is obliged to discontinue providing of the services and return the price paid for the service to the Buyer no later than on the 15th day of the day of termination of the agreement.
7.5. The Buyer must not terminate the agreement whose subject-matter is provision of the service if the service provision has started with the consent of the Buyer prior to the expiry of the time period for termination of the agreement referred to in 7.2. to 7.3. and if the service has been provided in full already.
7.6 The Buyer acknowledges that, if the Buyer agrees with the commencement of the performance of the service prior to the expiry of the time period for termination of the agreement referred to in 7.2. to 7.3, upon expressing such consent, the Buyer will lost the right to terminate the agreement after the service has been provided in full.
7.7. The Buyer must execute the termination of the agreement in writing and deliver it to the Seller.
7.8. Along with the termination of the agreement, the Buyer is obliged to return the corresponding voucher to the Seller. If the Buyer terminates the agreement on services and they have granted their expressed consent in accordance with 7.6., the Buyer will be obliged to pay, to the Seller, only the price to actually provided services until the day of delivery of the notification on termination of the agreement.
7.9. Details on the manner and form of termination of the agreement contain instructions for consumers and the template form of termination of the agreement that will be provided to consumers with every purchase.
8. Final Provisions
8.1. These General Business Terms and Conditions will come into effect on 1 May 2022
8.2. The Seller reserves the right to amend these General Business Terms and Conditions. The obligation of written notification of any amendment to these General Business Terms and Conditions is met by placing it on the website of the Seller’s eshop.
8.3. Relations not regulated by these General Business Terms and Conditions will be governed by relevant provisions of the Civil Code, Act No. 22/2004 Coll. on electronic commerce as mended, Act No. 250/2007 Coll. on consumer protection as mended and Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on distance and off-premises contracts as mended.
8.4. These General Business Terms and Conditions will come into effect for the Buyer at the moment of confirmation of the order.
8.5. By confirming the order, the Buyer confirms that they have thoroughly read these General Business Terms and Conditions and agree with them in full.