Terms & Conditions
General Business Terms and Conditions
1 GENERAL INFORMATION
1.1 Operator Operator of on-line shop https://www.eshop.redcoco.com is FIRST FOOD PRODUCTION s.r.o., with registered office at Vajnorská 100/A, 831 04 Bratislava – Nové Mesto District, Slovak Republic, Reg. No.: 50 308 734, Tax No.: 2120268766, VAT No.: SK2120268766, registered in the Commercial Register of Bratislava I District Court, Section: Sro, File No.: 111026/B, tel.: +421 2 2086 5701, email: firstname.lastname@example.org (“seller”).
1.2 Supervisory authorities Supervisory authorities are:
1.2.1 The State Veterinary and Food Administration Bratislava, address: Polianky 8, 841 01 Bratislava, Slovak Republic, tel.: + 421 2 644 61 206 – 210, e-mail: riaditel.BA@svps.sk, http://www.svssr.sk/zakladne_info/rvps01.asp;
1.2.2 The Regional Public Health Authority Bratislava, address: Ružinovská 8, 820 09 Bratislava, Slovak Republic, tel.: + 421 917 426 111, e-mail: email@example.com;
1.2.3 The Inspectorate of the Slovak Trade Inspection for Bratislava County, address: Prievozská 32, P.O. Box 5, 820 07 Bratislava, Slovak Republic, tel.: + 421 2/58 27 21 72, + 421 2/58 27 21 04, e-mail: firstname.lastname@example.org .
2 INTRODUCTORY PROVISIONS
2.1 Application. These general business terms and conditions (“business terms and conditions”) of the seller set forth the mutual rights and duties of the contracting parties, which have emerged in connection with or under a purchase contract (“purchase contract”) between the seller and the buyer (“buyer”) by means of the seller's on-line shop at http://www.eshop.redcoco.com (“e-shop”). Provisions that differ from the business terms and conditions can be agreed upon individually in the purchase contract.
2.2 Consumer and entrepreneur These business terms and conditions relate to the buyer in the position of a consumer, i.e. a physical person who, when concluding and performing the purchase contract, does not act within its business activity, employment or profession (“consumer”), and also to the buyer in the position of an entrepreneur, i.e. a physical entity - entrepreneur or a legal entity which, when concluding and performing the purchase contract, acts within the limits of its business activity, employment or profession (“entrepreneur”). These business terms and conditions contain exceptions according to which some provisions do not relate to the entrepreneur.
2.3 Rejection of the entrepreneur's draft contract The e-shop is not primarily intended for entrepreneurs. The seller is entitled, without giving a reason, to reject to conclude the purchase contract with the entrepreneur, which the buyer in the position of an entrepreneur accepts.
3 CONCLUSION OF THE PURCHASE CONTRACT
3.1 Goods The e-shop contains a list of goods offered by the seller for sale, including prices of individual offered goods. Any sale offers of goods in the e-shop are not binding and the seller is not obligated to conclude the purchase contract in relation to the goods.
3.2 Postage and packing fees The costs of postage and packing are borne by the buyer according to the method selected when ordering the goods. These costs are listed at https://www.eshop.redcoco.com
3.3 Purchase order The buyer can order goods by completing an order form in the e-shop (“order”). The buyer must add the ordered items into an electronic shopping cart. To complete the order, the e-shop requires the following information:
(i) the buyer in the position of a consumer: name, surname, billing address, telephone number and e-mail address;
(ii) the buyer in the position of an entrepreneur: business name, place of business or registered office, registration number (Reg. No.), tax number (Tax No.), VAT number (VAT No.) (if he is a VAT payer);
(iii) delivery address if different from billing address, registered office or place of business;
(iv) payment method;
(v) delivery method.
3.4 Checking and correcting data Before sending his order, the buyer can check and change data that he entered into his order, also with regard to possibility to identify and correct errors that occurred during the entering of the data into the order.
3.5 Dispatch of the order The buyer will dispatch his order to the seller by clicking a “Send the order with obligation to pay” button. The seller considers the data in the order correct and binding. The buyer is responsible for providing true and correct data.
3.6 Confirmation of the delivery of the order The seller will confirm to the buyer the delivery of the order immediately after the delivery of the order. Depending on the nature of the order (quantity, purchase price, shipping costs, postage and other fees), the seller is always entitled to ask the buyer for additional confirmation of the order (for instance, in writing or by phone).
3.7 The right to cancel the order The buyer is entitled to cancel the order, i.e. to withdraw his proposal for the conclusion of the purchase contract, without any sanctions until the moment the order is dispatched. The buyer is obligated to inform the seller on the cancellation of the order by means of e-mail or by phone.
3.8 Conclusion of the purchase contract The delivery of the seller's confirmation of the acceptance of the order does not mean that the purchase contract has been concluded. After the order confirmation is delivered, the seller will verify the availability of the goods and the purchase contract is concluded on the basis of the seller's binding acceptance of the buyer's proposal for the conclusion of the purchase contract in the form of an e-mail confirmation that the goods is ready for collection or has been dispatched. Under the purchase contract, the seller is obligated to hand over the subject matter of purchase to the buyer and the buyer is obligated to take over the subject matter of purchase and to pay the seller an agreed purchase price. The purchase contract will be stored in e-mail accounts of the seller and the buyer. The buyer notes that the seller reserves the right to reject the conclusion of the purchase contract, especially with persons who have substantially breached the purchase contract in the past (including the business terms and conditions).
3.9 Duration of the purchase contract The purchase contract terminates when obligations of both contracting parties have been fulfilled.
3.10 The costs of means of communication The buyer agrees with the use of electronic communication when concluding the purchase contract. The buyer will cover the costs of such communication that he uses in relation to the conclusion of the purchase contract (Internet connection costs, phone calls).
4 PRICE OF GOODS AND PAYMENT TERMS
4.1 Purchase price Prices of goods offered are inclusive of value added tax. Total price can also include shipping costs, postage and other costs and fees, of which the seller will inform the buyer in an appropriate manner. The offer of the sale of goods and prices of the goods remain valid for a period during which they are displayed in the e-shop. This provision is without prejudice to the seller's possibility to conclude the purchase contract under individually agreed terms and conditions.
4.2 Payment method The buyer can pay the price under the purchase contract in the following way:
(i) on-line - using the following debit/credit cards: Visa, Visa Electron, Master Card and Maestro. If a payment card is rejected, the seller will contact the buyer and ask him to accept another payment method related to the transfer of payment to the seller's account in his bank: Tatra banka a.s IBAN: SK7711000000002948022633
4.3 Components of the purchase price In addition to the purchase price, the buyer is obligated to pay shipping costs, postage, packing and other costs and fees of which the seller will inform the buyer in an appropriate manner. Unless otherwise stated, the purchase price also includes shipping costs, postage and other costs and fees.
4.4 Payment of purchase price before dispatch In cases when the buyer does not confirm his order additionally, the seller is entitled to require the payment of the entire purchase price before the goods is dispatched to the buyer. Possible discounts related to the prices of goods that the seller offers to the buyer cannot be mutually combined.
4.5 Invoicing The seller is a payer of value added tax. The seller will send a tax document containing a purchase price together with VAT and maturity period - invoice in electronic form to the buyer not later than on the day of the delivery of the goods.
4.6 Consent to the issuance of an electronic invoice By completing his order, the buyer agrees with the issuance of an electronic invoice and the delivery thereof to the buyer's e-mail address.
4.7 Availability of goods The e-shop contains information on stock availability in relation to majority of items. If the stock availability of an item is not stated and if there is information on a usual delivery period, it means the period of procurement from the supplier.
4.8 Gift certificates The buyer in the position of a consumer can make use of gift certificates. The gift certificates are negotiable items issued by the seller and related to the buyer's purchase only. A certificate code is used to claim a negotiable item. The seller can generate for the buyer an alternative code if the buyer's purchase was not completed or if the buyer withdrew from contract within a 14-day period. A new code does not result in the change of the negotiable item.
5 DELIVERY OF GOODS
5.1 Delivery method The seller will choose a delivery method when placing an order according to currently available options. Possible delivery methods are as follows:
(i) delivery by courier
Goods delivery period depends on the selected delivery method and the carrier's procedure.
5.2 Goods takeover by the consumer Goods is considered taken over by the consumer at the moment when the consumer or a third party appointed by him, with the exception of carrier, takes over all items ordered or, if
(i) the goods ordered by the consumer in one order is delivered separately, at the moment when the goods that was delivered as the last was taken over,
(ii) the goods consisting of several items or pieces is being delivered, at the moment the last item or the last piece was taken over,
(iii) the goods is being delivered repeatedly during a specified period, at the moment the first delivered goods was taken over.
5.3 Additional costs If a shipping method has been agreed on the basis of the buyer's requirement and the shipping method differs from shipping methods stated in these business terms and conditions, the buyer bears the risk and possible additional costs associated with this shipping method. If, under the purchase contract, the seller is obligated to deliver goods to a place specified by the buyer in his order, the buyer is obligated to take the goods over when delivered. If, for a reason on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with a different delivery method. When taking the goods, the buyer is obligated to inspect the package for possible damage and if there are any defects the buyer is obligated to immediately inform the carrier about this. In the case of an obvious damage to the package and suspected unlawful handling of the shipment, the buyer is obligated to inform the carrier about this fact.
5.4 Goods damaged by carrier A complaint about possible failure to deliver goods due to carrier's fault or a damage to the goods caused by the carrier must be lodged to the carrier's employee.
6.1 Warranty period for the consumer. The consumer is entitled to a twenty four (24) month warranty period, with the exception of perishable goods or goods in a protective covering that cannot be returned due to health protection or for hygienic reasons and the protective covering of which was damaged after delivery. The warranty period begins on the day the consumer accepted the goods.
7.1 Lodging a complain. If you want to lodge a complaint, please contact us at:
(i) e-mail address: email@example.com;
(ii) telephone number: +421 2 2086 5701;
(iii) or at the seller's registered office address: Vajnorská 100/A, 831 04 Bratislava – Nové Mesto District, Slovak Republic.
7.2 Method of lodging complaints If you want to lodge a complaint, please use a complaint form in Appendix 1.
7.3 Warranty repairs Warranty repairs are not possible due to the nature of the goods sold.
7.4 Complaint confirmation As for a personal complaint, the seller is obligated to give the consumer a confirmation. If a complaint is lodged by means of e-mail or telephone call, the seller will immediately deliver to the consumer a confirmation of the lodging of the complaint; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, however not later than together with a document proving the settlement of the complaint; it is not necessary to deliver the confirmation of the lodging of complaint if the consumer can prove the lodging of his complaint in another way.
7.5 Rectifiable defects If it is a defect that can be rectified, the consumer is entitled to a free, timely and proper rectification. The seller is obligated to rectify the defect without undue delay. Instead of rectification, the consumer can request a replacement unless the seller incurs inadequate costs with regard to the price of goods or the seriousness of the defect. Instead of rectifying the defect, the seller can replace a defective thing with a defect-free one, unless the seller suffers serious problems. If a product was replaced, the warranty period begins from the moment when a new product was taken over.
7.6 Irremovable defects If it is a defect that cannot be rectified and due to which an item cannot be properly used as a defect-free item, the consumer is entitled to replace the item and to withdraw from the contract. The same rights apply to the consumer in the case of rectifiable defects, if the buyer cannot properly use the item due to repeated defect after repair or due to multiple defects. If it is a different type of defect, the consumer is entitled to an appropriate discount from the price of the item.
7.7 Settlement of the consumer's complaint We strongly recommend not to take over goods in damaged packaging, or to unpack it and to inspect the content of the shipment in the presence of a carrier's employee. Each properly lodged complaint will be submitted to the manufacturer (or to his responsible representative) for consideration and in the case of a justified complaint, the goods will be replaced as soon as possible, however not later than within thirty (30) days of the lodging of the complaint.
7.8 Complaints and submissions Under point 7.1, the consumer is entitled to proceed also if he wishes to address his complaints or submissions to the seller. The seller informs the consumer on the settlement of his complaint and submission within fifteen (15) days of the delivery of the complaint or the submission.
8 WITHDRAWAL FROM CONTRACT
8.1 The seller's withdrawal The seller is entitled to withdraw from the contract due to sellout, unavailability of goods or if the manufacturer, importer or supplier of goods agreed in the contract has discontinued the production or has made such serious changes based on which the seller cannot fulfil his duties arising from the contract, or for reasons of force majeure, or if he exerted all efforts that can be reasonably expected from him and despite that he is not able to deliver the goods to the buyer within a deadline defined by these business terms and conditions or at a price that is stated in the e-shop. The seller is obligated to immediately inform the buyer about this fact and to return to him the price for the goods agreed in the contract within fourteen (14) days of the announcement of the withdrawal from the contract. The seller is obligated to do so by a transfer to the buyer's account.
8.2 The consumer's withdrawal The consumer is entitled to withdraw from the contract without giving a reason. Further terms and conditions related to the consumer's withdrawal and information obligations are included in Appendix 2 - Instruction in the Exercise of the Consumer's Right to Withdraw from the Contract.
8.3 Dispatch of goods The seller will dispatch goods, which is available in the warehouse, based on the time selected for delivery or without undue delay within a deadline appropriate to the circumstances, however not later than within thirty (30) days of the conclusion of the purchase contract; otherwise he will inform the buyer on the prolongation of the deadline.
9 ALTERNATIVE SOLUTION FOR CONSUMER DISPUTES
9.1 Alternative solution for consumer disputes is a procedure focused on the achievement of an amicable settlement of a dispute between the consumer and the seller and on the prevention of legal disputes between these two entities. If the buyer is not satisfied with the outcome of his request for redress and an attempt to settle a dispute with the seller was unsuccessful, the buyer is entitled to file a motion to a relevant entity of alternative dispute resolution, which is the Slovak Trade Inspection. The Slovak Trade Inspection has all necessary information on an alternative procedure which the seller can use to settle a possible dispute. More information on alternative dispute resolution can be found at the Slovak Trade Inspection website: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi
10 FURTHER RIGHTS AND DUTIES OF THE CONTRACTING PARTIES
10.1 Intellectual property rights The buyer notes that software and other components making up the e-shop (including the pictures of goods offered) are protected by Copyright Act. The buyer undertakes not to carry out any activity that could make it possible for him or third parties to unlawfully intervene in or unlawfully use the software or other components making up the e-shop. When using the e-shop, the buyer is not entitled to use methods, software or other procedures that could have a negative impact on the e-shop operation. The e-shop can be used only to the extent that is not detrimental to the rights of other customers of the seller and that is in compliance with its purpose. The buyer notes that the seller is not liable for errors that occur due to third parties' intervention in the e-shop or due to the use of the e-shop contrary to its purpose.
10.2 Pictures of goods Pictures of goods displayed in the e-shop are merely of an illustrative nature, they serve only to present the seller's goods and they can slightly differ from the actually delivered goods. Pictures, including a description of goods that is being sold, are delivered to the seller by manufacturers or suppliers or directly by sellers. All information stated in the e-shop, including trademarks, pictures, descriptions and applications is protected by Act No. 185/2015 Coll. Copyright Act, as amended. Any unlawful use of the information to any extent represents a breach of the Copyright Act.
11 PROTECTION OF PERSONAL DATA
11.1 Principles of the protection of personal data of the seller are available at https://www.eshop.redcoco.com
12 FINAL PROVISIONS
12.1 References and headings References to an article, a point or an appendix shall be interpreted as references to an article, a point or an appendix of these business terms and conditions. Headings are used only for clarity and they do not affect the interpretation of these business terms and conditions.
12.2 Governing law These business terms and conditions are governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights arising from generally binding regulations.
12.3 Miscellaneous If one of the provisions of the business terms and conditions is or becomes invalid or ineffective, such invalid provision will be replaced with a provision the meaning of which is as close to the invalid provision as possible. Invalidity or ineffectiveness of one provision is without prejudice to validity of other provisions. Amendments and supplements to the purchase contract or the business terms and conditions must be in writing. The purchase contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible to the public.
12.4 Language The e-shop, including the purchase contract and the business terms and conditions, may have multiple language versions. If Act No. 22/2004 Coll. on On-line Shop and on Amendment to Act No. 128/2002 Coll. on State Control of Internal Market in Consumer Protection Issues and on Amendment to Certain Acts in wording of Act No. 284/2002 Coll., as amended, is applied to relationship between the buyer and the seller, then Slovak language will be used to conclude the purchase contract and to inform the buyer in the position of a consumer.
12.5 Amendments The seller can amend or supplement the text of the business terms and conditions. Amendments and supplements to the business terms and conditions enter into effect on the day they are published on the website. These provisions are without prejudice to rights and duties that arise during the effective period of the previous text of the terms and conditions.
These terms and conditions, including their parts, are valid and effective since 1 June 2018 and are available in electronic form at the e-shop website eshop.redcoco.com
APPENDIX 1: COMPLAINT FORM
APPENDIX 2: INSTRUCTION IN THE EXERCISE OF THE CONSUMER'S RIGHT TO WITHDRAWAL FROM THE CONTRACT
APPENDIX 3: CONTRACT WITHDRAWAL FORM