Terms and conditions

General Terms and Conditions (hereinafter referred to as "GTC") of PROFIKOZMETIKA s.r.o. for purchase contracts concluded remotely via the online store www.profikozmetika.sk.

Article 1: General Provisions

1.1 These general terms and conditions govern the rights and obligations of the contracting parties arising from a purchase contract concluded between the seller, which is the company PROFIKOZMETIKA s.r.o., with registered office at Mengusovce 94, 059 36, Company ID: 46053034, registered in the Commercial Register of the District Court Prešov, Section: Sro, File No.: 24415/P (hereinafter referred to as "seller" or "operator") and the buyer (hereinafter "buyer" or "customer"), the subject of which is the purchase and sale of goods on the seller's online store website.

Seller's contact details:

Business name: PROFIKOZMETIKA s.r.o.
Registered office: Mengusovce 94, 059 36
Company ID: 46053034
Tax ID: 2023261702
VAT ID: SK2023261702
Registration: in the Commercial Register of the District Court Prešov, Section: Sro, File No.: 24415/P
Phone: +421 908 988 136
Email: info@profikozmetika.sk
Account number for cashless payments: 2926856514/1100
IBAN: SK90 1100 0000 0029 2685 6514
BIC (SWIFT): TATRASKBX

Supervisory authority:

Slovak Trade Inspection (SOI)
SOI Inspectorate for the Prešov Region
Obrancov mieru 6, 080 01 Prešov 1
Supervision Department
tel.: 051/ 7721 597
fax: 051/ 7721 596
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

1.2 The online store operator publishes a list of goods offered to the customer and enables the customer to order goods via the application at the web address: http://www.profikozmetika.sk, (hereinafter "online store"). These terms and conditions apply to purchases made in the online store. By checking the box before submitting an order through the online store, the customer confirms that they have read the general terms and conditions in full, understood their content and all conditions, and agrees to them.

1.3 Purchases of goods through the online store may be made by natural persons and legal entities regardless of their legal form.

1.4 The contracting parties have agreed that by submitting an order to the seller, the buyer confirms their agreement that these general terms and conditions and their terms and provisions will apply to all purchase contracts concluded on any online store website operated by the seller, on the basis of which the seller will deliver goods presented on the relevant website to the buyer (hereinafter referred to as "purchase contract") and to all relations between the seller and the buyer, arising in particular during the conclusion of the purchase contract and the handling of complaints.

1.5 The general terms and conditions are an inseparable part of the purchase contract.

1.6 Information about goods listed in the online store catalogue is sourced from publicly available sources and the manufacturer's official pages. The online store operator reserves the right to change information about goods listed in the online store catalogue without prior notice. However, before concluding a purchase contract with the seller, the buyer will be provided with the main characteristics of the goods or the nature of the service to an extent appropriate to the means of communication used and to the goods or service.

Article 2: Order, Ordering of Goods, Order Confirmation, Method of Concluding the Purchase Contract

2.1 Submitting an order does not require the customer to register in the online store operator's database. By submitting an order, the customer confirms their consent to the GTC and the processing of their personal data in accordance with the relevant provisions of Act No. 122/2013 Coll. on the Protection of Personal Data.

2.2 After the order is submitted, the customer will receive an automatic informational email with the subject "Profikozmetika - Order and order number", confirming that the order has been accepted for processing. This does not yet constitute a purchase contract between the supplier and the customer, nor does it confirm the order. All further information regarding your order will be sent to the email address you provided.

2.3 After verifying the availability of goods and current prices, the online store operator will confirm the order to the customer by email (by sending a message with the subject "Profikozmetika – The status of your order has been changed to") or by phone. This order confirmation will confirm the total price of the ordered goods and services along with the delivery date and other requirements stipulated by the legal regulations of the Slovak Republic. If a higher price for the goods is found than the one listed in the online store catalogue, the online store operator is obliged to request the customer's consent to the price change according to the current price list before confirming the order. In such a case, the buyer has the right to withdraw from the contract. Upon the customer's consent to the price change and subsequent order confirmation by the online store operator, the contractual relationship is deemed concluded in accordance with the relevant provisions of the Civil Code.

2.4 If the buyer fails to accept the goods after telephone or email order confirmation without prior written withdrawal from the contract, the seller reserves the right to claim compensation for damages incurred, equal to the actual costs of the unsuccessful delivery attempt.

2.5 The purchase contract is concluded by the seller's binding acceptance of the buyer's proposal to conclude the purchase contract.

2.6 The binding acceptance of the buyer's order by the seller is an email confirmation sent by the seller to the buyer acknowledging acceptance of the order, following the prior receipt of the order by the buyer and verification of the availability of goods, current prices and the delivery date of the goods requested by the buyer.

2.7 In the case of ongoing promotions, the sale of goods on the seller's website is governed not only by these General Terms and Conditions but also by the binding terms of the relevant promotion. If the buyer orders goods in breach of the terms of the relevant promotion, the seller is entitled to cancel the buyer's order. The customer will be notified of the cancellation by email, and if the purchase price or part thereof has been paid, the funds will be returned within 14 days to the account specified by the customer, unless otherwise agreed with the seller.

Article 3: Rights and Obligations of the Seller

3.1 The seller is obliged to:

3.1.1 deliver goods to the buyer based on a confirmed order in the agreed quantity, quality and timeframe, and to pack or prepare them for transport in a manner necessary for their preservation and protection

3.1.2 ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic

3.1.3 without undue delay after the conclusion of the purchase contract, and no later than upon delivery of the goods, provide the buyer with confirmation of the conclusion of the purchase contract on a durable medium, for example by email

3.1.4 hand over to the buyer no later than together with the goods, in written or electronic form, all documents necessary for the acceptance and use of the goods, as well as other documents required by applicable legal regulations (instructions in the Slovak language, warranty card, delivery note, tax document)

3.2 The seller is entitled to proper and timely payment of the purchase price from the buyer for the delivered goods.

3.3 The seller has the right to cancel an order if, due to stock depletion or unavailability of goods, it is unable to deliver the goods to the buyer within the timeframe specified in these terms and conditions or at the price listed in the online store, unless an alternative arrangement is agreed with the customer. The customer will be notified of the order cancellation by phone or email, and if the purchase price or part thereof has been paid, the funds will be returned within 14 days of the order cancellation to the account specified by the customer, unless otherwise agreed with the seller.

Article 4: Rights and Obligations of the Buyer

4.1 The buyer has been informed by the seller that placing an order entails the obligation to pay the purchase price.

4.2 The buyer is obliged to:

4.2.1 accept the purchased or ordered goods

4.2.2 pay the seller the agreed purchase price within the agreed payment period, including the cost of delivery

4.2.3 not damage the seller's good commercial reputation

4.2.4 confirm the receipt of goods on the delivery note by their signature or the signature of an authorised person

4.3 The buyer is entitled to delivery of goods in the quantity, quality, timeframe and at the place agreed by the contracting parties in the binding acceptance of the order.

Article 5: Delivery and Payment Terms

5.1 Goods are sold according to the seller's illustrations, descriptions and samples published on the online store website. The seller notes that information on the website of their online store is partly sourced from third parties, may contain factual and technical inaccuracies or typographical errors, and may be updated without prior notice. The seller may at any time and without prior notice change the products and services described on their pages and does not guarantee the factual accuracy of their content.

5.2 After the invoice is issued, the goods will be dispatched to the customer if this service was ordered. The seller will send a tax document – invoice, and possibly a delivery note and warranty card together with the goods, if supplied with the goods.

5.3 Delivery of goods is effected by handing them over to the buyer, or to a courier for transport to the buyer.

5.4 Unless otherwise agreed, the online store operator undertakes to deliver the goods within 30 working days of the email confirmation of receipt of the order to the customer. The buyer accepts this delivery period without reservation. However, goods are usually dispatched within 2 working days.

PERSONAL PICKUP

5.5 If the customer chose the delivery method "personal pickup", the goods may be collected at the premises – store of PROFIKOZMETIKA, s.r.o., at the address Hraničná 12, 058 01 Poprad, at any time after prior telephone arrangement with the seller. The goods are reserved for the customer for 3 working days from the date of order confirmation by the seller.

COURIER DELIVERY – DPD

5.6 If the customer chose the delivery method "by transport company", the seller will deliver the goods via GEIS SK, s.r.o. (hereinafter "GEIS").

5.7 For courier delivery, the place of contract performance (delivery of goods) means the registered office (residence) or place of business of the buyer as stated in the customer information at the time of ordering, or another address specified as the delivery address.

Deadlines for accepting the shipment

5.8 If the seller delivers goods to the buyer at the location specified in the purchase contract, the buyer is obliged to accept the goods in person or ensure that they are accepted by an authorised third party and to present identification (identity card). The buyer or the authorised third party confirms receipt of the shipment by signing the delivery list in paper form or electronically using a stylus on a mobile data device. An electronic signature is considered a full equivalent of a handwritten signature on the paper delivery list.

5.9 If the shipment cannot be delivered on the first delivery attempt, the GEIS courier will leave a written notice for the buyer. GEIS will attempt to re-deliver the shipment on the following working day. After this period, the shipment will be returned to the seller, who thereby becomes entitled to claim compensation for damages equal to the actual costs of the unsuccessful delivery attempt. The seller is also entitled, after the expiry of this 7-day period, to withdraw from the purchase contract and sell the goods to a third party.

5.10 Ownership of the goods passes to the buyer upon acceptance of the goods by the buyer, provided the purchase price has been paid in full.

Transport of goods by GEIS is governed by the General Terms and Conditions of GEIS available at http://www.geis-group.sk/sk/Parcel/Vnutrostatna-preprava.

Damaged shipment

5.11 The authorised person is obliged to report discovered defects and claim the right to compensation for damages from the carrier always only in writing and without delay after delivery of the shipment, or after discovering the damage. The principal is obliged to ensure that the shipment is visually inspected by the recipient upon acceptance. Obvious damage or partial loss of the shipment must be recorded by the recipient in the carrier's delivery document at the time of acceptance. Later claims will not be considered by the carrier. The carrier must be given the opportunity to personally verify the extent and type of damage, and any further handling of the damaged shipment must be carried out according to the carrier's instructions. Unless otherwise specified herein, the carrier is solely responsible for arranging transport (i.e., is not responsible for the haulier) and any claims against hauliers are pursued by the carrier in their own name and on behalf of the principal. When asserting claims against the haulier, the principal undertakes to provide the carrier with the necessary cooperation (in particular, to submit documents relating to the shipment as supporting material for claims against the haulier, e.g., documents proving the value of the shipment, etc.). Claims against hauliers are governed by the relevant legal regulations applicable to contracts for the carriage of goods.

5.12 The customer is obliged to fully unpack the goods immediately upon delivery and check whether they are mechanically damaged. In the event of mechanical damage, they undertake to notify the online store operator without delay, but no later than within three working days of accepting the shipment. Later complaints about mechanical damage will not be taken into account. The damaged goods must not be further handled and the original packaging in which the shipment was delivered must be retained.

5.13 In the case of damaged shipments, the buyer is obliged to allow inspection of the shipment by a representative of the company's insurance provider.

5.14 A complaint about partial loss of the contents of a shipment or its damage cannot be resolved positively if the authorised person does not provide evidence of damage to the shipment's packaging by means of a damage report.

5.15 The buyer is entitled, in the event of non-delivery of goods by the seller within the period stated in section 5.4 of the Terms and Conditions, to withdraw from the purchase contract, and the seller is obliged to refund the already paid portion of the purchase price within 14 days of receiving the withdrawal notice, by cashless transfer to the buyer's specified account.

DELIVERY BY SLOVENSKÁ POŠTA, a.s.

5.16 If the customer chose the delivery method "Slovak Post", the seller will deliver the goods via Slovenská pošta, a.s. (hereinafter "Slovak Post"). Delivery by Slovak Post is second-class delivery, which is standardly within 3 working days. Cash on delivery is also available for an additional fee. The method and conditions of delivery and the complaints procedure will be governed by the relevant General Terms and Conditions of Slovak Post and the Slovak Post Complaints Procedure.

PAYMENT TERMS

5.17 The buyer is obliged to pay the seller the purchase price including delivery costs in cash or by payment card upon personal collection at the seller's premises, by cash on delivery at the place of delivery, or by cashless transfer to the seller's account as stated in the order confirmation or on the seller's website, prior to accepting the goods.

5.18 In the case of cash on delivery, the customer pays the full amount to the courier upon receipt of the shipment. Cash on delivery payment can be made in cash.

5.19 In the case of bank transfer payment, the customer shall make the payment without delay after order confirmation, but no later than within 3 calendar days. The purchased goods will be dispatched only after the price has been paid, meaning once the full price of the goods including shipping has been credited to the online store operator's account. If the payment is not credited to the online store operator's account within three calendar days of order confirmation, the operator has the right to cancel the relevant order.

5.20 In the event that the contracting parties become entitled to mutually return provided performances, they shall settle these obligations within 15 days of the right to return arising, i.e., from the valid withdrawal from the purchase contract.

Article 6: Purchase Price, Postage and Packaging

6.1 The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract and/or according to the seller's price list valid at the time of concluding the purchase contract, including the cost of delivery (hereinafter referred to as "purchase price").

6.2 In the event that the buyer pays the seller the purchase price by cashless transfer, the payment date is considered to be the day on which the full purchase price was credited to the seller's account.

6.3 The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than upon acceptance of the goods.

6.4 In the event that the buyer pays the seller the purchase price for goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and request a refund of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic and these General Terms and Conditions.

6.5 The postage and packaging fee is charged as follows depending on the chosen payment method:

Delivery by Geis transport company: €4.50

Delivery by Slovak Post: €5.50

Delivery to the Czech Republic: €12; if the weight exceeds 20 kg, the delivery price will be charged according to the transport company's price list. The customer will be notified by email or phone.

6.6 The price of goods is stated including VAT.

6.7 The online store operator may change the price of goods listed in the online store catalogue before confirming the order for all products, if it finds that the price was incorrectly stated. The online store operator is obliged to inform the customer of this fact. Before confirming the order, the operator is required to obtain the customer's consent to the price change according to the current price list. In such a case, the buyer has the right to withdraw from the contract.

Article 7: Acquisition of Ownership and Transfer of Risk of Damage to Goods

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

7.2 The risk of damage to the goods passes to the buyer at the time the buyer accepts the goods from the seller.

Article 8: Binding Offer, Order Cancellation, Return of Goods

8.1 The online store operator is bound by the offer including the price of goods from the order confirmation sent by electronic message with the subject "Profikozmetika – The status of your order has been changed to" until the expiry of the delivery period agreed with the customer.

8.2 If the order has not been confirmed by the seller, the customer has the right to cancel it. In such a case, no cancellation fee will be charged to the customer.

8.3 If the buyer fails to accept the goods after telephone or email order confirmation without prior written withdrawal from the contract, the seller reserves the right to claim compensation for damages incurred, equal to the actual costs of the unsuccessful delivery attempt.

8.4 If the customer cancels the order due to the online store operator's failure to honour the published price or delivery deadline, no cancellation fee will be charged and the paid amount will be refunded within 14 calendar days of receiving the withdrawal notice (order cancellation) by cashless transfer to the bank account specified by the buyer, unless otherwise agreed.

8.5 The customer may cancel an order by sending a request to the email address info@profikozmetika.sk.

8.6 The online store operator has the right to cancel an order if, due to stock depletion or unavailability of goods and despite all reasonable efforts, it is unable to deliver the goods to the customer within the timeframe specified in these terms and conditions or at the price listed in the online store, unless otherwise agreed with the customer.

8.7 The online store operator also has the right to cancel an order if it is unable to contact the customer – by phone or email (within 7 working days of receiving the electronic order from the customer or from its confirmation).

8.8 The customer will be demonstrably notified of the order cancellation by email.

8.9 If the buyer has already paid part or all of the purchase price for the cancelled order, this amount will be refunded within 14 calendar days of receiving the withdrawal notice (order cancellation). The refund will be made using the same payment method the buyer used when paying the seller, unless the buyer and seller agree on a different payment method.

Article 9: Processing of Personal Data

9.1 The operator has implemented appropriate technical, organisational and personnel measures corresponding to the manner of processing personal data, taking into account in particular the applicable technical means, the confidentiality and importance of the processed personal data, as well as the extent of possible risks capable of compromising the security or functionality of its information systems, in accordance with Act No. 122/2013 Coll. on the Protection of Personal Data, as amended. More information regarding the processing of personal data can be found in the online store menu under the category "Privacy Policy" or by clicking here.

Article 10: Withdrawal from the Purchase Contract

10.1 The customer is entitled to withdraw from the purchase contract under the conditions set out in 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 business premises, and on amendments to certain acts (hereinafter "Consumer Protection Act"), within 14 days of accepting the goods. The goods are considered accepted by the buyer at the moment when the buyer or a third party designated by the buyer, other than the carrier, accepts all parts of the ordered goods, or if:

a) goods ordered by the buyer in a single order are delivered separately, at the moment of accepting the goods that were delivered last

b) goods consisting of multiple parts or pieces are delivered, at the moment of accepting the last part or last piece

c) goods are delivered repeatedly over a defined period, at the moment of accepting the first delivered goods

10.2 The customer – consumer – is entitled within this period to unpack and test the goods in a manner usual when purchasing in a traditional brick-and-mortar store. Testing, however, does not mean starting to use the goods and subsequently returning them to the seller. Reasonable care of the goods must be maintained.

10.3 The buyer may not withdraw from a contract whose subject is:

a) the sale of goods made to the consumer's specific requirements, custom-made goods, or goods intended specifically for one consumer

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

c) the sale of goods enclosed in protective packaging that is not suitable for return due to health protection or hygiene reasons and whose protective packaging was damaged after delivery (e.g., cosmetic products, baby pacifiers and bottles, etc.)

d) the sale of audio recordings, video recordings, audiovisual recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging

10.4 The customer may exercise their right to withdraw from the contract within 14 days of accepting the goods in writing, by post to the operator's address (PROFIKOZMETIKA, s.r.o., Mengusovce 94, 059 36) or by email to info@profikozmetika.sk. The right of withdrawal cannot be exercised by phone or SMS. You can also use the online contract withdrawal feature, which is located in the “Returns/Withdrawal” section of the e-shop and is marked with the “Return Products” button. If you use this option, we will confirm receipt of your notice of withdrawal in writing (for example, via email) without undue delay, including its content and the date and time it was sent.

10.5 The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or force majeure, or if, despite all reasonable efforts, it is unable to deliver the goods to the customer within the timeframe specified in these terms and conditions or at the price listed in the online store. The seller is obliged to immediately inform the buyer of this fact and to return any advance payment already made for the goods agreed in the purchase contract within 14 days of the withdrawal notice, by transfer to the account specified by the buyer.

10.6 By submitting an order to the seller, the buyer confirms that the seller has duly and timely fulfilled their information obligations under § 3 para. 1 of the Consumer Protection Act.

10.7 The withdrawal form is attached as Annex No. 1 to these GTC.

10.8 Withdrawal from the purchase contract via the withdrawal form referred to in the preceding paragraph of these General Terms and Conditions must contain the data required therein. Upon withdrawal, the buyer is obliged to deliver the goods to the seller in their original packaging together with all accessories, including the original proof of purchase, warranty card, instructions for use, etc., by sending or bringing them to the address PROFIKOZMETIKA, s.r.o., Mengusovce 94, 059 36. When sending the goods, they must be insured, as the seller bears no responsibility for damage or loss during return shipping. We do not accept cash-on-delivery shipments.

10.9 The buyer is obliged to send the goods back or hand them over to the seller or a person authorised by the seller to accept the goods no later than 14 days from the date of withdrawal from the contract. This deadline is considered met if the goods were handed over for transport no later than on the last day of the deadline.

10.10 The returned goods must be complete, undamaged and unused. They must not show signs of inappropriate or excessive use. The goods must be returned with all accessories.

10.11 If the buyer withdraws from the purchase contract, any supplementary contract related to the contract from which the buyer withdrew is also cancelled from the outset.

10.12 The buyer may withdraw from a purchase contract whose subject is the delivery of goods, even before the withdrawal period begins.

10.13 The withdrawal period is considered met if the notice of withdrawal was sent to the seller no later than on the last day of the withdrawal period as specified in point 10.1 of these GTC.

10.14 Following withdrawal from the purchase contract, the seller will refund the buyer all payments demonstrably made in connection with the conclusion of the purchase contract, in particular the purchase price including delivery costs. However, the seller is not obliged to reimburse the buyer for additional costs if the buyer chose a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller.

10.15 In the event of a valid and effective withdrawal from the contract, the online store operator will refund the paid purchase price to the customer without undue delay, no later than 14 days from the date of receipt of the buyer's notice of withdrawal from the purchase contract. The refund will be made using the same payment method the buyer used when paying the seller, unless the buyer and seller agree on a different payment method.

10.16 The seller is not obliged to refund all payments to the buyer in accordance with point 10.14 of these General Terms and Conditions before the goods have been delivered back by the buyer or before the buyer provides proof of having sent the goods back to the seller. Payment for the purchased goods will be refunded by the seller to the buyer only after the goods have been delivered back to the address stated in point 10.8 of these GTC or upon presentation of proof of return shipment, whichever occurs first.

10.17 If the buyer withdraws from the contract and delivers to the seller goods that are used and damaged, incomplete, or whose value has been reduced as a result of handling beyond what is necessary to establish the properties and functionality of the goods, the seller is entitled to claim compensation from the buyer for the cost of repair and restoration of the goods to their original condition, or the seller has the right to require the consumer to pay for the reduction in the value of the goods.

10.18 Upon withdrawal from the contract, the buyer bears the direct costs of returning the goods to the seller or to a person authorised by the seller to accept the goods. The buyer also bears the direct costs of returning goods that, due to their nature, cannot be returned by post.

10.19 If the buyer fails to fulfil any of the obligations set out in these terms and conditions, the withdrawal from the purchase contract is not valid and effective, and the seller is not obliged to refund all demonstrable payments pursuant to point 10.14 of these General Terms and Conditions to the buyer, and is also entitled to claim reimbursement of costs associated with returning the goods to the buyer.

Article 11: Complaints Procedure, Liability for Defects, Warranty Period

11.1 The seller, in accordance with § 18 para. 1 of Act No. 250/2007 Coll. on consumer protection and on the amendment of Act No. 372/1990 Coll. on offences, as amended, hereby properly informs the consumer (hereinafter also "customer" or "buyer") of the conditions and manner of exercising rights arising from liability for defects (hereinafter also "complaint"), including information on where the complaint may be filed and on the performance of warranty repairs.

11.2 This complaints procedure is issued in accordance with Act No. 40/1964 Coll. Civil Code, as amended, Act No. 250/2007 Coll. on consumer protection, as amended, as well as other generally binding legal regulations of the Slovak Republic.

11.3 The seller is obliged to deliver goods to the buyer in the ordered quantity and quality, together with all documents necessary for the operation and use of the goods, as well as all manuals, instructions for use (in the state language), warranty cards, tax documents relating to the goods, and others.

11.4 The seller is liable for defects in the goods/product that the goods/product had at the time of acceptance by the buyer. For items sold at a reduced price, the seller is not liable for the defect for which the reduced price was agreed.

11.5 If a defect occurs in purchased goods during the warranty period, the customer has the right to file a complaint about this defect.

11.6 A defect means a change in the (properties of the) goods caused by the use of unsuitable or poor-quality materials, non-compliance with technology, or inappropriate technology, or possibly an inappropriate design solution.

11.7 The seller provides a warranty on delivered goods and products in accordance with the applicable legal regulations of the Slovak Republic, i.e., generally 24 months, except in cases where a shorter warranty period, expiry date or shelf life is indicated on certain specific types of goods and products. The warranty period begins on the day of acceptance of the goods/product by the buyer.

11.8 For buyers who are business entities, the provisions of the Commercial Code apply to liability for defects in goods/products and warranty conditions, with the warranty period for the buyer – business entity – being generally 12 months, except in cases where a shorter warranty period, expiry date and/or shelf life is indicated on certain specific types of goods and products.

PREVENTION

11.9 When selecting goods, it is necessary to ensure that the chosen type and size of the product precisely matches the customer's needs. Before purchasing the product, the customer considers the intended use, design, material composition and care instructions for the goods. Only goods that are well chosen in terms of function, range and size can fulfil the expected utility value and intended purpose.

11.10 Throughout the entire period of use of the purchased goods, it is necessary for the customer to pay sufficient attention to the basic rules of use. In particular, all factors adversely affecting the full functionality and lifespan of the product must be considered, such as: excessive intensity of use or use of the product for an inappropriate purpose.

11.11 Regular maintenance is another essential condition for preserving the good condition and functionality of the goods. It is important to realise that improper or insufficient maintenance significantly shortens the full functionality and lifespan of the goods. PROFIKOZMETIKA, s.r.o. provides its customers with sufficient information necessary for the proper care of all types of sold goods through the Warranty Card and other informational materials.

11.12 The warranty period must not be confused with the lifespan of the goods, i.e., the period during which, with proper use and proper care including maintenance, the goods can, given their properties, intended purpose and differences in intensity of use, remain functional.

11.13 The warranty applies only to manufacturing defects. The warranty does not cover defects caused by normal wear and tear, improper use of products, improper handling and storage.

COMPLAINTS

11.14 The buyer is entitled to file a complaint about goods/products purchased from the seller, without delay after becoming aware of the defect in the goods/product, in writing and in accordance with the complaints conditions (which also apply to buyers who are business entities) set out in these GTC.

11.15 A complaint is considered duly filed if the complained goods are complete and no general hygiene principles prevent the complaint from being processed. The customer is obliged to submit the complained goods cleaned, free of all impurities and hygienic. PROFIKOZMETIKA, s.r.o. is entitled to refuse to accept goods for complaint proceedings if they do not meet the above-mentioned general hygiene principles.

11.16 A complaint is filed by completing a complaint form (hereinafter "complaint form"). The complaint form is available to the buyer as Annex No. 1 of these GTC on the seller's website. The buyer shall state in the complaint form:

personal details (name and surname, address, phone contact, email, bank account number)

identification of the goods

date of purchase

tax document number

description of the defect (reason for complaint)

assertion of their right arising from liability for defects

11.17 The buyer files the complaint in writing by sending the complaint form to the seller's address: PROFIKOZMETIKA, s.r.o., Mengusovce 94, 059 36, and simultaneously sends the complained goods together with their accessories and proof of purchase (invoice or cash register receipt) to the seller's address, thereby proving that the complained goods were purchased from the seller.

11.18 The costs of delivering the complained goods to the seller are borne by the buyer. The seller does not accept cash-on-delivery shipments.

11.19 If the buyer – consumer – files a complaint, the seller informs them of their rights as follows, in accordance with the Consumer Protection Act and the provisions of § 622 and § 623 of the Civil Code:

if it is a defect that can be remedied:

the buyer has the right to have it remedied free of charge, in a timely manner and properly. The seller is obliged to remedy the defect without undue delay

instead of having the defect remedied, the buyer may request replacement of the item, or, if the defect concerns only a component of the item, replacement of the component, provided this does not impose disproportionate costs on the seller given the price of the goods or the severity of the defect

the seller may always replace the defective item with a non-defective one instead of remedying the defect, provided this does not cause the buyer significant difficulties

if it is a defect that cannot be remedied and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or the right to withdraw from the contract

if the defects are remediable, but the buyer cannot properly use the item due to the recurrence of the defect after repair or due to a greater number of defects, the buyer has the right to exchange the item or the right to withdraw from the contract

if there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item

if an item sold at a reduced price has a defect for which the seller is liable, the buyer is entitled to a reasonable discount instead of the right to exchange the item

Complaint form >>

11.20 Remediable defects are those that can be repaired without affecting the appearance, function and quality of the goods.

11.21 An irremediable defect is one that cannot be remedied, or whose remediation is not expedient taking into account all relevant circumstances.

11.22 If the buyer has the right to exchange the goods or the right to withdraw from the contract (refund), it is up to the buyer which of these rights they exercise. However, once they have chosen one of these rights, they cannot unilaterally change this choice.

11.23 Based on the decision of the buyer – consumer – the seller shall determine the method of handling the complaint pursuant to § 18 para. 4 of Act No. 250/2007 Coll. on consumer protection, as amended, immediately or in complex cases no later than 3 (three) working days from the date the complaint is filed, and in justified cases, especially where complex technical assessment of the condition of the product or service is required, no later than 30 days from the date the complaint is filed.

11.24 After the seller has determined the method of handling the complaint pursuant to the preceding point, the seller shall handle the complaint immediately; in justified cases the complaint may be handled later; however, the handling of the complaint must not take longer than 30 days from the date the complaint is filed. After the expiry of the complaint handling period, the buyer – consumer – has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods.

11.25 The customer is obliged to collect the subject of the complaint after the complaint proceedings are concluded. If they fail to do so within 6 months of the date of delivery of the notification of complaint resolution, the subject of the complaint will be disposed of.

11.26 If the buyer – consumer – files a complaint about goods within the first twelve months of purchase, the seller may only reject the complaint on the basis of a professional written assessment; regardless of the outcome of the professional written assessment, the buyer – consumer – cannot be required to pay the costs of the professional written assessment or any other costs related to the professional written assessment. The seller is obliged to provide the buyer – consumer – with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of complaint resolution. This does not affect the seller's obligation under point 11.27 of these GTC.

11.27 If the buyer – consumer – files a complaint about goods after twelve months of purchase and the seller rejects it, the person who handled the complaint is obliged to indicate in the complaint resolution document to whom the buyer – consumer – may send the product for professional written assessment. If the product is sent for professional written assessment to the designated person, the costs of the professional written assessment are borne by the seller.

Article 12: Alternative Dispute Resolution

12.1 The buyer – consumer – has the right to contact the seller with a request for remedy (by email to info@profikozmetika.sk) if they are not satisfied with the way the seller handled their complaint or if they believe the seller has violated their rights. If the seller responds to this request with a rejection or does not respond within 30 days of its submission, the consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity (hereinafter "ADR entity") pursuant to Act No. 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to § 3 of Act No. 391/2015 Coll. The proposal may be submitted by the consumer in the manner specified pursuant to § 12 of Act No. 391/2015 Coll.

12.2 The consumer may also file a complaint through the RSO alternative dispute resolution platform, available online at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=SK.

12.3 Alternative dispute resolution may only be used by a consumer – a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business activity, employment or profession. Alternative dispute resolution concerns only a dispute between a consumer and a seller arising from or related to a consumer contract. Alternative dispute resolution concerns only contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed €20. The ADR entity may require the consumer to pay a fee for initiating alternative dispute resolution of up to €5 including VAT.

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