General terms and conditions

General terms and conditions

Online store https://www.florbal4u.com

I. Merchant identification

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company

Business name: Florbal s.r.o.
Registered office: Tomášikova 13, Bratislava - Ružinov district 821 01, Slovak Republic
Registered in the Commercial Register of the Municipal Court Bratislava III, Division Sro, Insert number 121506/B
ID: 44887001
VAT number: SK2022868793
Bank account: SK03 0900 0000 0051 1580 2065
The seller is the payer of value added tax

(hereinafter also "Seller" or "Merchant") and any person who is a Buyer of products offered by the Seller on the Seller's Website, and who acts as a consumer in the sense of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the framework of applicable legislation of the Slovak Republic, especially laws: Law no. 108/2024 Coll. on consumer protection and on amendments to certain laws as amended, Act No., Act No. 40/1964 Coll. Civil Code as amended,

1.2. Email contact and telephone contact for the Seller is: 

Email: obchod@florbal4u.com
Tel. no.: +421948495924

1.3. The address for sending documents, complaints, withdrawal from contracts is:

Florbal s.r.o., Tomášikova 13, 821 01 Bratislava, Slovak republic

II. Definition of terms

2.1. For the purposes of these general terms and conditions, the Merchant in accordance with Act no. 108/2024 Coll. as amended, states and defines the following terms:

2.2. A contract concluded at a distance is a contract between a trader and a consumer agreed and concluded exclusively through one or more means of remote communication without the simultaneous physical presence of the trader and the consumer, in particular by using an online interface, electronic mail, telephone, fax, address letter or offer catalog

2.3. A merchant (hereinafter also referred to as the "Seller") is a person who, in connection with a consumer contract, an obligation arising from it, or in business practice, acts within the scope of his business activity or profession, including through another person who acts on his behalf or on his behalf account.

2.4. A consumer is a natural person who, in connection with a consumer contract, an obligation arising from it or in business practice, does not act within the scope of his business activity or profession.

2.5. A consumer contract is any contract, regardless of its legal form, concluded by a trader with a consumer.

2.6. The term Internet store is identical to the term Electronic store and to the term Web site.

2.7. The buyer is any person (natural person or legal entity) who sent the order mainly by using the Seller's website, or by other means of remote communication.

2.8. A durable medium is a means that allows the consumer or trader to store information addressed to the consumer or trader for a period of time that corresponds to the purpose that this information fulfills and in a way that allows its unchanged reproduction and use in the future, in particular a document, e-mail, USB stick, CD, DVD, memory card and computer hard drive.

III. Basic provisions

3.1. These General Terms and Conditions govern the legal relations between Buyers who are consumers and the Merchant.

3.2. For contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with Buyers who do not act as consumers, the provisions of Act No. 513/1991 Coll. the Commercial Code, as amended, shall apply.

IV. Product Order – Conclusion of the Purchase Agreement

4.1. The proposal for the conclusion of a purchase contract by the Buyer is the sending of the order for products by the Buyer, mainly by using the Merchant's website, or by other means of remote communication.

4.2. The conclusion of the purchase contract between the Buyer and the Merchant takes place at the moment of delivery of the confirmation of receipt of the order to the Buyer, which was created by the Buyer in accordance with point 4.1. of these GTC by the Merchant (electronically to the Buyer's email address chosen by the Buyer in the process of creating the order).

V. Duration of the purchase contract

5.1. The Purchase Agreement is concluded for a fixed period and terminates primarily upon the fulfillment of all obligations by both the Seller and the Buyer. This includes, in particular, the delivery and payment of products in accordance with the concluded Purchase Agreement. This provision does not affect the Buyer's rights under the statutory liability for defects in the products from the Merchant.

VI. Purchase price information about the purchase price

6.1. The price of goods and services ordered through the Seller's Website (hereinafter referred to as the "purchase price") is specified separately for each product and is valid at the moment the Buyer places the order.

6.2. The purchase price of goods or services listed on the Seller's Website is the total price of the goods or services, including all taxes, and is clearly stated on the Seller's Website.

VII. Delivery of products

7.1. If the Buyer has chosen cash on delivery as the payment method for the order, the Seller is obliged to fulfill the order and deliver the products to the Buyer within a period of no later than 30 days from the date of the conclusion of the Purchase Agreement in accordance with clause 4.2. and following of these Terms and Conditions.

7.1.1. If the Buyer has chosen a payment method other than cash on delivery for the order, the Seller is obliged to fulfill the order and deliver the products to the Buyer within a period of no later than 30 days from the date of the conclusion of the Purchase Agreement in accordance with clause 4.2. and following of these Terms and Conditions and the payment of the total order price to the Seller. If both conditions specified in clause 7.1.1. of these Terms and Conditions are met (i.e., the Purchase Agreement is concluded and the total order price is paid to the Seller), the Seller is obliged to deliver the products to the Buyer within a period of no later than 30 days from the fulfillment of both these conditions.

The usual period for the Seller to dispatch the products is typically 1 - 5 days from the date of the conclusion of the Purchase Agreement or 1 - 5 days from the date of payment of the total order price to the Seller.

VIII. Transfer of ownership

8.1. Ownership rights to the sold item and the risk of accidental destruction, accidental deterioration, and loss of the item pass to the Buyer at the moment of delivery.

IX. Methods of payment

9.1. You can pay for goods and services on the Seller's Website in the following ways:

9.1.1. Online payment through the Comgate payment gateway - cost 0 EUR

9.1.2. Payment by deposit or transfer to the Seller's account - cost 0 EUR

X. Shipping – Methods of product delivery and shipping costs

10.1. The purchase price of goods or services does not include shipping costs or any other costs related to the delivery of products.

10.2. Methods of delivery and shipping costs for ordered products:

10.2.1. Forms of Transport:

10.2.1.2. GLS courier service

10.2.2. Prices for Transport:

10.2.2.2. Price for shipping via GLS courier service - depending on the country of delivery

XI. Withdrawal of the Buyer from the purchase contract without giving a reason

11.1. The consumer has the right to withdraw from the contract concluded at a distance and from the contract concluded outside the business premises even without giving a reason within the period according to Art. XII point. 12.1 to 12.3 of these GTC, except for the contract, the subject of which is:

11.2. The provision of the service, if the service has been fully provided and the service provision began before the expiration of the period for withdrawal from the contract with the express consent of the consumer, and the consumer declared that he was properly informed that by expressing his consent, he loses the right to withdraw from the contract after the full provision of the service, if according to the contract, the consumer is obliged to pay the price, 

11.3. Delivery or provision of a product, the price of which depends on price movements on the financial market, which the merchant cannot influence and which may occur during the withdrawal period,

11.4. Delivery of goods manufactured according to the consumer's specifications or goods made to measure,

11.5. Delivery of goods that are subject to rapid deterioration or deterioration,

11.6. Delivery of goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons, if the protective packaging was broken after delivery,

11.7. Delivery of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

11.8. The delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the merchant cannot influence,

11.9. Carrying out urgent repairs or maintenance during a visit to the consumer, for which the consumer has expressly requested the trader; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, and to a contract whose subject is the supply of goods other than a spare part necessary to carry out repair or maintenance, if the contracts were concluded during a trader's visit to the consumer and the consumer took these goods or did not order the services in advance,

11.10. Delivery of sound recordings, video recordings, audio-visual recordings or software in protective packaging that has been damaged after delivery,

11.11. Delivery of periodicals in addition to its delivery based on a subscription contract,

11.12. Goods purchased at a public auction,

11.13. PProvision of accommodation services for a purpose other than housing, transport of goods, rental of cars, provision of catering services or provision of services related to leisure activities, if according to the contract the trader is to provide these services at a precisely agreed time or within a precisely agreed period,

11.14. The delivery of digital content, which the trader delivers other than on a physical medium, if the delivery of digital content has started and the consumer has given explicit consent to the start of the delivery of digital content before the expiry of the period for withdrawing from the contract, he has declared that he has been properly informed that by expressing his consent he loses the right to withdraw from the contract by starting the delivery of digital content, and the merchant has provided the consumer with a confirmation pursuant to § 17 par. 12 letters b) or par. 13 letters b) Act no. 108/2024 Coll. on consumer protection and on the amendment of certain laws as amended, if the consumer is obliged to pay the price according to the contract.

XII. Exercising the right to withdraw from a contract concluded at a distance and a contract concluded outside the merchant's premises

12.1. The consumer may withdraw from a contract concluded at a distance or from a contract concluded outside the business premises until

a) 14 days from the date

• acceptance of the goods by the consumer according to point 12.4.
• conclusion of a contract, the subject of which is the provision of a service,
• conclusion of a contract for the supply of water, which is not for sale in a limited volume or in a specified quantity, and a contract for the supply and removal of heat,
• conclusion of a contract for the supply of digital content, which the merchant supplies other than on a physical medium,

b) 30 days from the date of conclusion of the contract in case of or in connection with an unsolicited visit or at or in connection with a sales event.

12.2. If the merchant provided the consumer with specific information regarding the consumer's right to withdraw from a contract concluded at a distance or off-premises only subsequently, but no later than within 12 months from the start of the withdrawal period as per clause 12.1., the consumer may withdraw from the contract concluded at a distance or off-premises within

a) 14 days from the day the merchant subsequently fulfilled the information obligation, if it concerns the start of the withdrawal period according to clause 12.1., letter a), or

b) 30 days from the day the merchant subsequently fulfilled the information obligation, if it concerns the start of the withdrawal period according to clause 12.1., letter b).

12.3. If the merchant has not provided the consumer with specific information regarding the consumer's right to withdraw from a contract concluded at a distance or off-premises as per clause 12.2, the consumer may withdraw from the contract concluded at a distance or off-premises within 12 months from the expiration of the period specified in clause 12.1.

12.4. The goods are considered to be received by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, takes possession of all parts of the ordered goods, or if the

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

b) goods consist of multiple parts or pieces, at the moment of receipt of the last part or piece,

c) goods are delivered repeatedly over a certain period, at the moment of receipt of the first delivery.

12.5. The consumer may withdraw from a contract concluded at a distance or off-premises, which concerns the delivery of goods, even before the start of the withdrawal period.

12.6. The consumer may exercise the right to withdraw from a contract concluded at a distance or off-premises in written form or in the form of a record on another durable medium. If the contract was concluded orally, any clearly formulated statement by the consumer expressing the will to withdraw from the contract (hereinafter referred to as the "notice of withdrawal") is sufficient to exercise the right to withdraw. The consumer may use the standard withdrawal form.

12.7. The withdrawal period according to clauses 12.1. to 12.3. is considered to be met if the consumer sends the notice of withdrawal to the merchant no later than the last day of the withdrawal period.

12.8. The consumer may withdraw from the contract only in relation to a specific product or products if the merchant delivered or provided multiple products based on a contract concluded at a distance or off-premises.

12.9. The burden of proof regarding the exercise of the right to withdraw from the contract lies with the consumer.

XIII. Rights and Obligations of the consumer after withdrawing from a contract concluded at a distance and off-premises contract

13.1. The consumer is obliged to send the goods back or hand them over to the merchant or a person designated by the merchant to receive the goods within 14 days from the day of withdrawal from a contract concluded at a distance or off-premises according to clause 12.1; this does not apply if the merchant proposes to collect the goods personally or through a person designated by the merchant. The period according to the first sentence is considered to be met if the consumer sends the goods to the merchant no later than the last day of the period.

13.2. When withdrawing from a contract concluded at a distance or off-premises according to clause 12.1, the consumer bears only the costs of returning the goods to the merchant or to a person designated by the merchant to receive the goods; this does not apply if the merchant has agreed to bear these costs or if the merchant has not fulfilled the information obligation, meaning if the merchant has not provided the consumer with specific information regarding the consumer's right to withdraw from a contract concluded at a distance or off-premises.

13.3. The consumer is liable for any reduction in the value of the goods resulting from handling them beyond what is necessary to ascertain their nature and functionality; this does not apply if the merchant has not fulfilled the information obligation according to § 15 section 1 letter f) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

13.4. The consumer is obliged to pay the merchant the price for the actual performance provided up to the day the notice of withdrawal from the contract is delivered, if the consumer, according to § 19 section 1 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, withdraws from a contract concluded at a distance or off-premises, which concerns the provision of a service, the supply of water that is not for sale in a limited volume or specified quantity, or the supply of heat, and has given explicit consent before the start of the performance according to § 17 section 10 letter c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The price for the actual performance provided is calculated proportionally based on the total price agreed in the contract. If the total price agreed in the contract is overestimated, the price for the actual performance provided is calculated based on the market price of the provided performance.

13.5. The consumer incurs no additional obligations or costs from exercising the right to withdraw from a contract concluded at a distance or off-premises according to clause 11.1., except for the obligations under clauses 13.1., 13.3. to 13.5., and the obligation to cover additional costs according to clause 14.3.

XIV. Rights and Obligations of the merchant after consumer withdrawal from a contract concluded at a distance and off-premises contract

14.1. The merchant is obliged to return all payments received from the consumer based on or in connection with the contract concluded at a distance, the off-premises contract, or any supplementary contract, including the costs of transportation, delivery, postage, and other costs and fees, within 14 days from the day of receipt of the notice of withdrawal from the contract.

14.2. The merchant is obliged to return to the consumer all payments according to clause 14.1. to the extent corresponding to the withdrawal from the contract, if the consumer has not withdrawn from the entire contract concluded at a distance or the entire off-premises contract. The merchant cannot charge the consumer any additional costs for transportation, delivery, postage, and other costs and fees.

14.3. The merchant is not obliged to reimburse the consumer for additional costs if the consumer expressly chose a delivery method other than the least expensive standard delivery method offered by the merchant. Additional costs are understood as the difference between the delivery costs chosen by the consumer and the costs of the least expensive standard delivery method offered by the merchant.

14.4. The merchant cannot require the consumer to pay for the costs of 

a) the provision of a service, the supply of water that is not for sale in a limited volume or specified quantity, or the supply of heat during the withdrawal period according to clauses 12.1. to 12.3., regardless of the extent of the performance provided, if:

• the merchant has not provided the consumer with the information according to § 15 section 1 letters f) or h) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, or
• the consumer has not given the merchant explicit consent to start providing the service or supplying water or heat according to § 17 section 10 letter c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,

b) the complete or partial delivery of digital content, which the merchant supplies in a manner other than on a tangible medium, if:

• the consumer has not given the merchant explicit consent to start delivering the digital content according to § 17 section 10 letter c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,
• the consumer has not declared that they were properly informed that by giving consent according to the first point, they lose the right to withdraw from the contract, or
• the merchant has not provided the consumer with confirmation according to § 17 section 12 letter b) or section 13 letter b) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

14.5. The merchant is not obliged to refund the payments to the consumer according to clause 14.1. when withdrawing from a contract concluded at a distance or off-premises, which concerns the delivery of goods, before the goods are delivered to the merchant or until the consumer provides proof of sending the goods back to the merchant, unless the merchant proposes to collect the goods personally or through a person designated by the merchant.

14.6. The merchant is obliged to refund the payments to the consumer according to clause 14.1. in the same manner as the consumer used for the payment; this does not affect the right of the merchant to agree with the consumer on a different method of refund, provided that no fees are charged to the consumer in connection with the refund.

14.7. The merchant is obliged to arrange for the collection of the goods at their own expense within the period specified in clause 14.1., if the goods were delivered to the consumer's home at the time of the conclusion of the off-premises contract and, considering the nature of the goods, it is not possible to send them back to the merchant by post.

14.8. The unilateral set-off of claims between the merchant and the consumer that arise from the withdrawal from the contract according to clause 11.1. is prohibited.

XV. Supervisory Authority

15.1. The relevant authority responsible for supervising the legality in consumer protection is:

Inšpektorát Slovenskej obchodnej inšpekcie
so sídlom v Bratislave pre Bratislavský kraj
Bajkalská 21/A, P. O. BOX č. 5, 820 07  Bratislava
Odbor výkonu dozoru
tel. č. 02/58 27 21 72, 02/58 27 21 04
fax č. 02/58 27 21 70
email: ba@soi.sk 

web link for submitting suggestions: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

XVI. Alternative dispute resolution

16.1. If the consumer is not satisfied with the way the Seller handled their complaint or believes that the Seller has violated their rights, the Buyer has the right to request a remedy from the Seller. If the Seller responds to the consumer's request according to the previous sentence with a refusal or does not respond within 30 days from the date of sending the request by the consumer, the consumer has the right to submit a proposal to initiate alternative dispute resolution according to § 12 of Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution and on Amendments to Certain Acts, as amended. The relevant entity for alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact information can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another relevant authorized legal entity listed in the register of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/ or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

The consumer has the right to choose which of the mentioned alternative dispute resolution entities to approach. The consumer can use the online dispute resolution platform, which is available at http://ec.europa.eu/consumers/odr/, or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage to submit a proposal for alternative resolution of their consumer dispute.

Alternative dispute resolution can only be used by the Buyer who acts as a consumer when concluding and fulfilling the contract. Alternative dispute resolution only concerns disputes between the consumer and the Seller arising from or related to a consumer contract. Alternative dispute resolution only applies to contracts concluded at a distance. The alternative dispute resolution entity may reject a proposal if the quantifiable value of the dispute does not exceed 20 EUR. The ADR entity may charge the consumer a fee for initiating alternative dispute resolution, up to a maximum of 5 EUR including VAT.

All additional information regarding alternative dispute resolution between the Seller and the Buyer – consumer, arising from the Purchase Agreement as a consumer contract or related to the Purchase Agreement as a consumer contract, can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution and on Amendments to Certain Acts, as amended.

XVII. Supplementary provisions

17.1. The Seller will not conclude a purchase agreement nor carry out the sale, mediation, or delivery of alcoholic beverages/products, tobacco products, and other items to persons (Buyers) who, at the time of concluding the purchase agreement, have not reached the age of 18, and whose sale to persons under 18 is prohibited, in accordance with the applicable legal regulations of the Slovak Republic. Accordingly, the Seller will verify the fulfillment of the age requirement of 18 years of the Buyer by checking the Buyer's age through an identity document (ID card or passport) at the time of handing over the order to the Buyer. This will be carried out by an authorized person who is responsible for delivering the order to the Buyer. If the Buyer has not reached the age of 18, or if the Buyer fails or refuses to prove their age, the Seller will not hand over the order to the Buyer and the purchase agreement will be terminated.

XVIII. Information on adopted codes

18.1. The merchant informs consumers that there are no special relevant codes of conduct to which the Seller has committed to adhere. A code of conduct is understood as an agreement or set of rules that define the behavior of the Seller, who has committed to follow this code of conduct in relation to one or more specific business practices or business sectors, if these are not established by law, or other legal regulation or measure by a public authority. The Seller informs how consumers can become acquainted with or obtain the text of such codes, if they exist.

XIX. Consumer product reviews

19.1. The merchant does not restrict or limit product reviews to only those individuals who have purchased the product from the merchant.

XX. Final provisions

20.1. The Seller reserves the right to amend the General Terms and Conditions. The obligation to notify changes to the General Terms and Conditions in writing is fulfilled by placing them on the Seller's Website. In the event of changes to the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions that were valid and effective at the time of the conclusion of the Purchase Agreement, until the moment of its termination.

20.2. These General Terms and Conditions form an integral part of the Complaint Procedure and the Privacy Policy and Notice of this Website. The documents - Complaint Procedure and Privacy Policy and Notice of this Website - are published on the domain of the Seller's Website.

20.3. These General Terms and Conditions become valid and effective upon their publication on the Seller's Website on July 1, 2024.

This online store is certified by http://www.pravoeshopov.sk

Appendix no. 1

SAMPLE FORM FOR WITHDRAWAL FROM A DISTANCE CONTRACT AND OFF-PREMISES CONTRACT

https://www.florbal4u.com (Fill out and send this form only if you wish to withdraw from the contract concluded at a distance or from the off-premises contract.)

– To: Florbal s.r.o., Tomášikova 13, 821 01 Bratislava, Slovak Republic 

– I/We* hereby give notice that I/We* withdraw from the contract for the delivery or provision of the following product: ..............

– Date of order/Date of receipt* ..............

– Name and surname of consumer(s)* ..............

– Address of consumer(s)* ..............

– Signature of consumer(s)* (only if this form is submitted in paper form) ..............

 

– Date ..............

* Cross out what does not apply