Basic Information

These terms and conditions apply to contracts concluded remotely in the e-shop www.smyko.sk between the seller and the buyer according to Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract.

The Seller is: Tomáš Hudec, Š. Moyzesa 272, 020 01 Dolné Kočkovce. Company ID: 56540515, Tax ID: 1129996406. Email: info@smyko.sk. Registered in the Trade Register of the District Office Považská Bystrica, under no. 330-31507.

The Buyer is a consumer, i.e., a natural person who, when concluding and fulfilling the consumer contract, does not act within the scope of their business activity, employment, or profession. Purchases made by a business entity are governed by the Commercial Code No. 513/1991 Coll.

The supervisory authority for consumer protection is the Inspectorate of the Slovak Trade Inspection for the Trenčín Region, Hurbanova 59, 911 01 Trenčín.

Order and Conclusion of Contract

Sending a completed order by the buyer is considered a proposal to conclude a contract according to the Civil Code, based on the seller's offer in the e-shop. The contract is concluded by the seller's confirmation of the order.

Product Prices

All product prices in the e-shop are final, including all taxes. The seller is not a VAT payer. The product price does not include delivery costs. These are also indicated in the shopping cart before completing the order, where the buyer can see the total order price including delivery costs.

Delivery Costs – Shipping

The seller offers the following delivery options:

1. Delivery via Packeta service – €4.50
2. Delivery by courier service:
   1. Slovakia: €10
   2. Other countries: €15
3. Delivery by mail:
   1. Slovakia: €8
   2. Other countries: €15
4. Personal delivery free of charge to selected locations (list of selected locations: Púchov and surroundings, Považská Bystrica)

Payment for Goods

The seller accepts payment for ordered goods in the following ways:

• Advance payment by credit card,

The buyer is obliged to pay the seller the price for the ordered goods as part of the e-shop order.

Delivery of Goods

If the delivery time is not specified for the product, it is considered that the seller will deliver the goods to the buyer no later than within 30 days.

The goods are considered received by the buyer at the moment when the buyer or a third party designated by him (excluding the carrier) takes over all parts of the ordered goods, or if

1. the goods ordered by the buyer in one order are delivered separately, at the moment of receiving the goods that were delivered last,
2. the goods consist of multiple parts or pieces, at the moment of receiving the last part or piece,
3. the goods are delivered repeatedly during a specified period, at the moment of receiving the first delivered goods.

Complaints Procedure

The seller is responsible for defects that the goods have upon receipt by the buyer. For used items, he is not responsible for defects arising from their use or wear. For items sold at a lower price, he is not responsible for the defect for which a lower price was agreed. Unless it concerns items that quickly perish or used items, the seller is responsible for defects that occur after the item has been taken over within the warranty period (warranty).

The warranty period for new goods is 24 months, which runs from the date the buyer receives the goods. The warranty period for used goods is 12 months. The warranty period for services (repair or modification of an item) is 3 months. The warranty period for the creation of an item on order is 24 months. If a period for use is indicated on the sold item, its packaging, or instructions attached to it, the warranty period does not end before the expiration of this period.

A warranty certificate is issued upon the buyer's request. A proof of purchase is sufficient to make a complaint.

If the goods have a defect that can be remedied, the buyer has the right to have it removed free of charge, promptly, and properly. The seller is obliged to remove the defect without undue delay.

However, the buyer should not continue to use the item on which he discovered a defect. If there are defects that occur after purchase, they must be claimed without undue delay from the discovery of the defect, no later than by the end of the warranty period. After the warranty period expires, the right to complain ceases.

Wear characteristic for the given material or use is not considered a defect. It is not a defect if, by the nature of the sold item, its lifespan is shorter than the warranty period and when, with normal use of such an item, it becomes completely worn out even before the warranty period expires.

The buyer may request an exchange of the item instead of removing the defect, or if the defect concerns only a part of the item, the exchange of that part, if this does not cause unreasonable costs to the seller considering the price of the goods or the severity of the defect. The seller can always replace the defective item with a defect-free one instead of removing the defect if this does not cause serious difficulties to the buyer. If it is a defect that cannot be removed and that prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or to withdraw from the contract. The same rights belong to the buyer if there are removable defects, but the buyer cannot properly use the item due to repeated occurrence of the defect after repair or due to a larger number of defects. If there are other irremovable defects, the buyer has the right to a reasonable discount on the item's price.

Rights from liability for defects are exercised with the seller at the address of the registered office. If, however, the warranty service specified in the warranty certificate is located at the seller's place or closer to the buyer, the buyer shall exercise the right to repair in the warranty service. The warranty service is obliged to carry out the repair within a period not exceeding 30 days.

If an exchange occurs, the warranty period starts again from the receipt of the new item. The same applies if a part for which a warranty was provided is replaced.

The resolution of a complaint is understood as the termination of the complaint procedure by handing over the repaired product, exchanging the product, returning the purchase price of the product, paying a reasonable discount on the product price, a written call for acceptance, or its justified rejection.

When making a complaint, the seller will determine the method of handling the complaint immediately or in complex cases no later than within 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the product or service condition is required, no later than within 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be handled immediately, in justified cases it can be handled later; however, the handling of the complaint must not take longer than 30 days from the date of the complaint. After the period for handling the complaint has expired, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new one.

If the buyer made a complaint about the product during the first 12 months after purchase, the seller can handle the complaint by rejection only on the basis of an expert assessment; regardless of the result of the expert assessment, he will not require the buyer to pay the costs of the expert assessment or other costs related to the expert assessment. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the complaint no later than within 14 days from the date of handling the complaint. If the buyer made a complaint about the product after 12 months from purchase and the seller rejected it, the seller shall state in the complaint handling document to whom the buyer can send the product for expert assessment. If the product is sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other reasonably incurred costs related thereto, shall be borne by the seller regardless of the result of the expert assessment. If the buyer proves the seller's responsibility for the defect by expert assessment, he can make the complaint again; during the execution of the expert assessment, the warranty period does not run. The seller is obliged to reimburse the buyer within 14 days from the date of re-complaint all costs incurred for the expert assessment, as well as all reasonably incurred costs related thereto. A re-applied complaint cannot be rejected.

The seller is obliged to issue a confirmation to the buyer when making a complaint. If the complaint is made by e-mail, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, no later than together with the complaint handling document; the confirmation of the complaint does not need to be delivered if the buyer has the possibility to prove the application of the complaint in another way.

Return of Goods – Withdrawal from the Contract without Giving a Reason

The buyer is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods. This right can be used only by the consumer.

The goods are considered received by the buyer at the moment when the buyer or a third party designated by him excluding the carrier takes over all parts of the ordered goods, or if

1. the goods ordered by the buyer in one order are delivered separately, at the moment of receiving the goods that were delivered last,
2. the goods consist of multiple parts or pieces, at the moment of receiving the last part or piece,
3. the goods are delivered repeatedly during a specified period, at the moment of receiving the first delivered goods.

The buyer may withdraw from the contract for the delivery of goods even before the start of the withdrawal period.

The buyer cannot withdraw from the contract, the subject of which is:

• the sale of goods made according to the consumer's specific requirements, goods made to measure, or goods intended specifically for one consumer,
• the sale of goods sealed in protective packaging that is not suitable for return due to health protection or hygienic reasons and whose protective packaging was damaged after delivery.

The buyer may exercise the right to withdraw from the contract in writing or on another durable medium (e.g., by e-mail), or by sending a completed form available at [provide link to pre-filled form].

The right to withdraw from the contract can be exercised by sending a notice of withdrawal from the contract even on the last day of the 14-day period.

Upon receipt of the notice of withdrawal from the contract, the seller shall refund to the buyer no later than within 14 days all payments received from him under the contract or in connection with it, including the costs of transport, delivery, and postage and other costs and fees. The seller shall refund the payment in the same way as the buyer used in his payment. The buyer may agree with the seller on another method of refund.

The seller is not obliged to reimburse the buyer for additional costs if the buyer has expressly chosen 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.

When withdrawing from the contract, the seller is not obliged to refund payments to the buyer before the goods are delivered to him or until the buyer proves the return of the goods to the seller, unless the seller proposes that he will collect the goods personally or through a person authorized by him.

The buyer is obliged to send back the goods or hand them over to the seller or a person authorized by the seller to take over the goods no later than within 14 days from the date of withdrawal from the contract. This period is considered preserved if the goods were handed over for transport no later than on the last day of the period.

When withdrawing from the contract, the buyer bears only the costs of returning the goods to the seller or to a person authorized by the seller to take over the goods, as well as the costs of returning the goods which, due to their nature, cannot be returned by post.

The buyer is responsible for the reduction in the value of the goods resulting from handling the goods in a way that goes beyond handling necessary to ascertain the nature and functionality of the goods.

Upon delivery of the goods, the buyer has the option to test their functionality but cannot use the goods if he withdraws from the contract. For the purpose of determining the nature, characteristics, and functioning of the goods, the consumer should handle and inspect the goods only in the way that would be possible in a physical store. The buyer is required to handle and inspect the goods with due care during the withdrawal period. For example, purchased clothing should only be tried on by the buyer but should not be worn, and the goods should be returned with original tags or other protective or identification means.

Alternative Dispute Resolution

The buyer – consumer – has the right to contact the seller with a request for remedy (e.g., by email) if he is not satisfied with the way the seller handled his complaint or if he believes that the seller has violated his consumer rights. If the seller responds to this request negatively or does not respond within 30 days from its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as 'ADR entity') according to Act 391/2015 Coll. ADR entities are authorities and authorized legal entities according to §3 of Act 391/2015 Coll. A list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The consumer can submit the proposal in the manner specified according to §12 of Act 391/2015 Coll.

The consumer can also submit a complaint via the online alternative dispute resolution platform RSO, which is available online at https://ec.europa.eu/consumers/odr/main/index.cfm.

Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and fulfilling the consumer contract, does not act within the scope of their business activity, employment, or profession. Alternative dispute resolution concerns only disputes between the consumer and the seller arising from or related to a consumer contract. Alternative dispute resolution concerns only contracts concluded remotely. Alternative dispute resolution does not concern 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 up to a maximum of €5 including VAT.