I. Basic provisions
- These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued by:
Life Up s.r.o.
VAT ID: SK2021750753
registered office: Kalinkovo 441, 900 43 Kalinkovo, Slovak Republic
registered in the Commercial Register of the District Court BA I, Section: Ltd., File No .: 29868 / B
contact details: Radomír Takáč
Phone: +421 918 695 517
- These Terms and Conditions govern the mutual rights and obligations of the Seller and the individual who concludes the Purchase Agreement outside its business as a consumer or in the course of its business (hereinafter referred to as "Buyer") through a web interface located on a website available at www.coachingcards.eu, (hereinafter referred to as "online store").
- The provisions of the Terms and Conditions form an integral part of the purchase contract. The derogation in the contract of sale takes precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in the English language.
II. Information about goods and prices
- Information about the goods, including the price of individual goods and its main features are given for individual goods in the e-shop catalog. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods, if such goods cannot, by their very nature, be returned by normal mail. The prices of the goods remain valid for as long as they are displayed in the online store. This provision shall not preclude the negotiation of a sales contract under individually agreed conditions.
- All presentations of goods placed in the catalog of the e-shop are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- The e-shop publishes information on the costs associated with the packaging and delivery of goods, which only apply if the goods are delivered within the territory of the European Union.
- Possible discounts from the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the seller and the buyer.
III. Order and conclusion of the purchase contract
- The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer himself. These costs do not differ from the basic rate.
- The buyer orders the goods in the following ways:
- through its customer account if it has previously registered in an online store,
- filling out the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before placing an order, the buyer is allowed to review and change the data he has placed in the order. The buyer will send the order to the seller by clicking on the button "SEND ORDER WITH RESPONSIBILITY OF PAYMENT". The information given in the order is considered correct by the seller. The condition of validity of the order is to fill in all required information in the order form and to confirm the buyer that he / she has become acquainted with these terms and conditions.
- Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attachment confirmation are the current business conditions of the seller. The purchase contract is concluded after acceptance of the order by the seller. The order receipt is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation shall be deemed to have been concluded. Attachment confirmation are the current business conditions of the seller. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
- In the event that any of the requirements specified in the order cannot be met by the seller, the seller will send a modified offer to the buyer's email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the buyer confirming the acceptance of this offer to the seller to his email address specified in these terms and conditions.
- All orders received by the Seller are binding. The buyer may cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer may cancel the order by telephone at the seller's telephone number or by e-mail to the seller's email, both mentioned in these terms and conditions.
- If there is a manifest technical error on the part of the Seller in the price of the goods in the online store or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer at this clearly evident price, even if the Buyer has received orders according to these terms and conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer's email address. The amended offer is considered a new draft purchase contract and the purchase contract is in this case concluded with a confirmation of receipt by the buyer to the email address of the seller.
- Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
- When registering in the customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the customer's account and when ordering the goods are considered correct by the seller.
- Access to the customer account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for possible misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account by third parties.
- The Seller may cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer breaches his obligations under the sales contract and these terms and conditions.
- The Buyer acknowledges that the user account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller or necessary maintenance of third party hardware and software.
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
- Online card payment through the payment gateway
- bank transfer to the seller's account SK5675000000004016728977, registered at ČSOB, SWIFT/BIC: CEKOSKBX
- in cash for personal pickup at Life Up s.r.o., Teslova 30, 821 02 Bratislava, Slovakia
- Together with the purchase price, the buyer is obliged to pay to the seller the costs associated with the packaging and delivery of goods in the contractual amount. Unless expressly stated otherwise below, the purchase price also includes the cost of delivery.
- In the case of cash payment, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.
- In the case of a cashless payment, the buyer's obligation to pay the purchase price is met when the amount is credited to the seller's bank account.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price prior to dispatch of the goods is not a deposit.
- Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online and in case of technical failure within 48 hours at the latest.
- The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- personal collection at the seller's premises.
- The way of delivery is chosen during the ordering of the goods.
- The costs of delivery of the goods depending on the way of sending and receiving the goods are stated in the order of the buyer and in the order confirmation by the seller. Where the mode of transport is agreed on the basis of a specific request from the buyer, the buyer shall bear the risk and any additional costs associated with that mode of transport.
- If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.
- When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. If the packaging is found to indicate tampering with the shipment, the buyer need not accept the shipment from the carrier.
- The Seller shall issue to the Buyer a tax document - an invoice. The tax document is sent to the buyer's email address.
The buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, but at first taking over the goods. Liability for accidental loss, damage or destruction of the goods shall pass to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but did not do so in violation of the Purchase Agreement.
VI. Withdrawal from the contract
- The buyer who concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract without giving any reason.
- The withdrawal period shall be 14 days from the date of receipt of the goods.
- The buyer may not withdraw from the purchase contract:
- on the provision of services if they were performed with his prior explicit consent before the withdrawal period has expired and before the conclusion of the contract the seller has informed the buyer that in this case he is not entitled to withdraw from the contract and if the service was fully provided,
- on the supply of goods or services the price of which depends on fluctuations in the financial market, irrespective of the seller's will and which may occur during the withdrawal period,
- on the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the contract, which can be delivered only after thirty days and whose price depends on fluctuations of the market independent of the seller's will,
- on the supply of goods which have been modified at the buyer's wish, tailor-made goods or goods intended specifically for one buyer,
- on the supply of perishable goods as well as goods which, having regard to their nature, have been irreversibly mixed with other goods,
- on the supply of goods in a sealed package which is not appropriate for health or hygiene reasons and whose protective package has been breached after delivery,
- on the supply of phonograms, video recordings, audio-visual recordings, books or computer software, if they are sold in protective packaging and the buyer has unpacked the packaging,
- on the supply of newspapers, periodicals or magazines, with the exception of sales on the basis of an agreement on the subscription and sale of books not supplied in protective cover,
- on the supply of electronic content other than on a tangible medium, if its provision was started with the express consent of the buyer and the buyer stated that he was duly instructed that by expressing such consent he loses the right of withdrawal,
- in other cases referred to in § 7 para. 6 of Act no. 102/2014 Z.z. 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, as amended.
- To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
- For withdrawal from the contract, the buyer may use the model withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller's email or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Buyer without delay.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal. The Buyer shall bear the cost of returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature.
- If the Buyer withdraws from the Contract, the Seller shall return to the Buyer without delay, but no later than within 14 days of the withdrawal, all funds, including delivery costs, received from him in the same manner. The Seller shall return the funds received to the Buyer in another way only if the Buyer agrees with it and does not incur additional costs.
- If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the cost of delivering the goods at an amount corresponding to the cheapest method of delivery offered.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.
- The goods must be returned by the buyer to the seller undamaged, not worn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation of damage incurred on the goods against the buyer's claim for refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the sellout of inventory, unavailability of goods or when the manufacturer, importer or supplier of goods has stopped production or import of goods. The Seller shall promptly inform the Buyer via the email address stated in the Order and shall return within 14 days of the notice of withdrawal of the Purchase Agreement all funds including delivery costs received from him under the Contract in the same way or in the manner specified by the Buyer.
- The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer received the goods:
- the goods have the characteristics negotiated by the parties and, in the absence of an arrangement, the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and the advertising by the seller,
- the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
- the goods are in the corresponding quantity or weight; and
- goods comply with legal requirements.
- If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The Buyer shall be entitled to exercise the rights arising from the defect that occurs in the consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by its normal use, to used goods for a defect corresponding to the rate of use or wear the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and request:
- if the defect is removable:
- free removal of goods defects,
- exchange of goods for new goods,
- if the defect cannot be remedied:
- a reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a defect that cannot be removed and that prevents the thing from being properly used as a defect-free item,
- if he cannot properly use the goods due to the repeated occurrence of the defect or defects after repair,
- if he cannot use the goods properly due to a large number of defects.
- The Seller is obliged to accept the complaint in any establishment in which acceptance of the complaint is possible or in the registered office or place of business. The consumer may also file a claim with the person designated by the seller. If the consumer's complaint is handled by a person designated by the seller, he / she can only handle the complaint by handing over the repaired goods, otherwise he will forward the complaint to the seller for equipment. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and how the complaint is handled by the Buyer, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and its duration or written justification rejection of the claim.
- If the consumer raises a claim, the seller or his authorized employee or designated person is obliged to instruct the consumer about his rights resulting from faulty performance. At the discretion of the consumer, which the claimant claims from the defective performance, the Seller or his authorized employee or designated person is obliged to determine the method of settling the claim immediately, in complicated cases no later than three working days from the date of claim, in justified cases, if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of the claim. After determining the method of handling the complaint, the complaint, including the removal of the defect, must be settled immediately, and in justified cases the complaint can be settled later. However, the settlement of the claim, including the removal of the defect, must not exceed 30 days from the date of the claim. A futile expiry of this period is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract or has the right to exchange goods for new goods. The moment of claiming is considered to be the moment when the buyer's will (manifestation of the right of erroneous performance) occurs to the seller.
- The Seller shall inform the Buyer in writing of the outcome of the claim no later than 30 days from the date of the claim.
- The Buyer shall not be entitled to any defective performance if the Buyer knew before the takeover of the item that the item was defective or if the Buyer himself caused the defect.
- In the case of a justified claim, the buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the claim. The buyer may exercise this right with the seller within one month after the warranty period has expired.
- The choice of the method of complaint and its handling, if there are several options, the buyer has.
- The rights and obligations of the contracting parties in respect of rights resulting from defective performance are governed by Sections 499 to 510, Sections 596 to 600 and Sections 619 to 627 of Act No. 40/1964 Coll. Of the Civil Code, as amended, and Act no. 250/2007 Coll., On consumer protection, as amended.
- Other rights and obligations of the parties relating to the seller's liability for defects are regulated by the seller's complaints procedure.
- The Parties may transmit all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the email address given in the Customer's account or order.
IX. Out-of-court settlement of dispute
- The consumer has the right to ask the seller for redress if he is not satisfied with the way in which the seller has settled his complaint or if he considers that the seller has violated his rights. The consumer has the right to file an alternative (extrajudicial) dispute resolution with the ADR entity if the seller has replied to the request under the previous sentence or has not replied to it within 30 days of the date of dispatch. This is without prejudice to the possibility for the consumer to go to court.
- The out-of-court settlement of consumer disputes arising from the purchase contract is the relevant Slovak Trade Inspection, registered office: Prievozská 32, 827 99 Bratislava, IČO: 17 331 927, which can be contacted at the Slovak Trade Inspection, Central Inspectorate, International Relations Department and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at firstname.lastname@example.org or email@example.com. Internet address: https://www.soi.sk/. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
- European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / a, 827 15 Bratislava, Internet address: http://esc-sr.sk/ is the contact point according to Regulation (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on Consumer Dispute Resolution Online).
- The seller is entitled to sell goods on the basis of a trade license. Trade control is performed within the scope of its competence by the relevant District Office of the Trade Licensing Department. The Slovak Trade Inspection also oversees, to a limited extent, compliance with Act no. 250/2007 Z.z. on consumer protection, as amended.
- All arrangements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.
- The Seller is not bound by any codes of conduct in relation to the Buyer in accordance with the provisions of Act no. 250/2007 Z.z. on consumer protection, as amended.
- All rights to the Seller's website, especially the copyright to the content, including the layout of the site, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the seller.
- The Seller shall not be liable for any errors caused as a result of interference by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and shall not engage in any activity that could allow him or third parties to tamper with or misuse the software or other components of the online store and use the online store, or parts or software in such a way as to conflict with its purpose or purpose.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
- The Seller may amend or amend the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations incurred during the effective period of the previous wording of the Terms and Conditions.
An annex to the Terms and Conditions is a sample withdrawal form.
These Terms and Conditions come into effect on August 21, 2019
Documents to download:
Information on the exercise of the consumer's right of withdrawal.docx
Contract withdrawal form