Terms and Conditions

I. GENERAL TERMS AND CONDITIONS I. DEFINITION OF TERMS AND BASIC PROVISIONS

The “Seller” and the “Operator” of the online store available at www.thepurea.com is PUREA PROMO s.r.o., located at Rázusová 12, 949 01 Nitra, IČO: 54 075 271, DIČ: 2121590988, registered in the Commercial Register of the District Court of Nitra, Section: Sro, Insert No.: 55720/N. The Seller’s email address is info@thepurea.com. The Seller’s phone number is +421 905 370 053. The operating hours of the Seller’s call center are Monday to Friday from 09:00 to 16:00. These details can be changed or updated on the e-shop website at any time.

The “Buyer” is a consumer, i.e., a natural person who, when entering into and fulfilling a consumer contract, does not act within the scope of their business activity, employment, or profession.

The “e-shop” refers to the Seller’s online store available at www.thepurea.com.

The “Contract” refers to the purchase agreement between the Seller and the Buyer, which is an integral part of these general terms and conditions.

The “Goods” refer to the goods offered by the Seller in the e-shop.

The “Order” refers to the order of goods by the Buyer.

The “Price” refers to the purchase price of the goods indicated in the e-shop.

II. CONTRACT CLOSURE

Sending a completed order is considered a proposal to enter into a contract. By sending the order, the Buyer confirms that they have familiarized themselves with the content of these General Terms and Conditions (also referred to as “GTC”) and agrees to abide by them. The contract is concluded at the moment when the Seller confirms the order. The order confirmation is done via an SMS sent to the Buyer’s phone number or by an email sent to the Buyer’s email address. If the order is made in a way other than through the e-shop (e.g., by phone), the contract is concluded upon the Seller’s confirmation, either verbally (by phone) or in another appropriate form. All further information regarding the order will be sent to the Buyer’s email address or, after agreement with the Buyer, in another suitable manner.

III. PRICE OF GOODS AND OTHER CHARGES

The price is published in the e-shop, and if not otherwise specified, it is stated in EUR and includes the appropriate VAT rate according to valid legislation. The price of the goods does not include delivery costs. The Buyer is obliged to pay the price, and the price can be paid – in cash upon delivery, i.e., cash on delivery, – online by payment card (payment via a payment portal) before delivery of the goods. The Buyer will receive an invoice for each delivery in printed (paper) or electronic form. The Seller may offer discounted goods, as well as special price and clearance sales through the e-shop, which are indicated by information about such discounts. If the Buyer pays the purchase price through a payment portal, the day of payment is considered the day when the entire purchase price is credited to the Seller’s account.

IV. DELIVERY CONDITIONS

The Seller is obliged to deliver the goods in the agreed quantity and quality, package them, or arrange for transportation in a way that ensures their preservation and protection. The Seller is obliged to provide the Buyer in writing or electronically with all documents necessary for the receipt and use of the goods and other documents required by valid legislation. A brief description of the goods is listed on the e-shop’s website, with further details in the user manual. The Seller does not guarantee the immediate availability of all listed goods. The Buyer can check the availability of the goods via email at info@thepurea.com. If the ordered goods are in the Seller’s warehouse, the shipment will be made no later than the next business day following the day of contract closure, otherwise no later than 10 days after contract closure. The ordered goods will be sent to the Buyer by post or through a delivery company (courier). Shipping and handling costs are borne by the Buyer according to the method chosen in the goods order. The Seller and/or the courier are entitled to notify the Buyer in advance about the planned delivery by email, SMS, or other suitable means, such as a phone call. The Buyer hereby gives the Seller explicit consent to provide these details to the courier. The Buyer undertakes to receive the delivered goods at the address provided at the announced or agreed time of delivery. Upon receipt of the goods, the Buyer is obliged to check the integrity/wholeness of the packaging and the completeness of the delivery. In case of any visible defects related to transport, the Buyer is required to note all visible damages to the shipment and packaging on the transport document and immediately inform the Seller. By signing the acceptance protocol, the Buyer confirms that the shipment was delivered to them in an intact condition. If the delivered goods are damaged, the Buyer must inform the Seller via email or in another appropriate way.

V. ACQUISITION OF OWNERSHIP AND TRANSFER OF THE RISK OF DAMAGE TO THE GOODS

The Buyer acquires ownership of the goods upon receipt. The risk of damage to the goods passes to the Buyer upon receipt of the goods, or if the Buyer does not receive the goods at the time they were to be delivered, the risk of damage passes to the Buyer at the time they should have received the goods.

VI. CONTRACT WITHDRAWAL/RETURN OF GOODS

The Seller has the right to withdraw from the contract only if, due to stock depletion or general unavailability of the goods, it is not possible to deliver the goods within the time specified in these GTC or within the time specified by a separate agreement with the Buyer, unless the contracting parties agree on an alternative arrangement. The Seller is always obliged to first inform the Buyer about the unavailability of goods or stock depletion, and only if the parties do not agree on an additional delivery time or provision of a substitute, can the Seller withdraw from the contract. The Buyer must be informed about this right. The Buyer will be notified of the contract withdrawal by email.

According to § 7 of the Act on Consumer Protection during the Sale of Goods or the Provision of Services based on a contract concluded at a distance or a contract concluded outside the Seller’s business premises, and on amending and supplementing certain laws (Act No. 102/2014 Z.z.), the Buyer has the right to withdraw from the purchase contract without giving any reason within 14 days after receipt of the goods. The contract withdrawal must be sent to the Seller within this time via email or in writing to the Seller’s address, and the Buyer can use the standard form provided by the Seller, which is an appendix to these general terms and conditions. The goods are considered to be received at the moment when the Buyer or a designated third person receives the ordered goods, or if a) multiple goods ordered by the Buyer in one order are delivered separately, at the moment of receipt of the last delivered goods, b) the goods consist of several parts or pieces, at the moment of receipt of the last part or piece, c) the goods are delivered repeatedly over a specified period, at the moment of receipt of the first delivered goods. The Buyer can also withdraw from the contract before the start of the withdrawal period. The Buyer acknowledges that they cannot withdraw from a contract whose subject is a) the supply of goods that were customized according to consumer requirements or personal preferences (custom-made products); b) the supply of goods that are subject to rapid spoilage or goods that were irreversibly mixed with other goods after delivery; c) the supply of goods in a sealed package that was opened by the consumer and cannot be returned for hygienic reasons; d) the supply of audio or video recordings or computer software where the original packaging has been broken. If the contract is withdrawn, the contract is canceled from the beginning. The Buyer must send the goods back or return them to the Seller or to a person authorized by the Seller for the goods’ receipt no later than 14 days after withdrawing from the contract. This deadline is considered met if the goods were dispatched for transport by the last day of the deadline. The Seller must refund all payments received from the Buyer in connection with the contract, including costs for transportation, delivery, and other costs and fees, within 14 days after the contract withdrawal. The Seller will refund the payment in the same way as the Buyer used for their payment. The Buyer can also agree with the Seller on another method for the refund. The Seller is not obliged to cover additional costs if the Buyer explicitly chose a delivery method other than the cheapest common 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 common delivery method offered by the Seller. The Buyer acknowledges that the Seller is not obliged to refund payments according to the previous point before the goods are delivered to the Seller or until the Buyer can prove that they returned the goods to the Seller, unless the Seller proposes to pick up the goods personally or through an authorized person. The Buyer bears the costs of returning the goods to the Seller or to a person authorized by the Seller for receipt of the goods. If the returned goods are incomplete or damaged, the Seller may, in accordance with §10 (4) of Act No. 102/2014 Z.z., request a monetary sum from the Buyer equivalent to the reduction in value of the goods. The Seller is not entitled to unilaterally offset this claim against the consumer’s claim for the refund of all payments. The Buyer is responsible for a reduction in the value of the goods resulting from treatment that exceeds what is necessary to determine the properties and functionality of the goods.

VII. COMPLAINT TERMS

The Seller is responsible for defects in the goods at the time of receipt by the Buyer. For used goods, the Seller is not responsible for defects arising from their use or wear. For goods sold at a reduced price, the Seller is not responsible for the defect for which the lower price was agreed upon. If it is not about goods that perish quickly or used goods, the Seller is responsible for defects that occur after receipt during the warranty period (warranty). If the product, its packaging, or the manual has a designated minimum shelf life, the warranty ends with this period’s expiration. The warranty period for new goods is 24 months, which begins from the time the Buyer receives the goods. The warranty period for used goods is 12 months. The warranty period for custom-made goods is 24 months. The warranty period for a Buyer who is not a consumer is 24 months. A warranty certificate is issued upon request by the Buyer. To claim under the warranty, a proof of purchase is sufficient. If the goods have a defect that can be repaired, the Buyer has the right to have it fixed for free, in a timely, and proper manner. The Seller is obliged to fix the defect without undue delay. Wear characteristic of the given material or use is not considered a defect. It’s not considered a defect if the nature of the sold item suggests that its lifespan is shorter than the warranty period and if it wears out completely under normal use before the warranty period expires. Instead of fixing the defect, the Buyer can request the exchange of the item, or if the defect affects only a part of the item, the replacement of that part, provided that this does not cause the Seller excessive costs 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 fixing it if this does not cause significant inconvenience to the Buyer. If there is a defect that cannot be fixed and which prevents the proper use of the item as a defect-free item, the Buyer has the right to exchange the item or the right to withdraw from the contract. The same rights apply to the Buyer if it concerns removable defects, but if the Buyer cannot use the item properly due to recurring defects after repair or due to a large number of defects. If it concerns other non-removable defects, the Buyer has the right to a reasonable price reduction for the item. Rights from liability for defects are applied to the Seller. However, if a warranty service is indicated in the warranty certificate, located at the Seller’s location or closer to the Buyer, the Buyer applies for the repair at the warranty service. The warranty service must perform the repair within a period not exceeding 30 days. If a replacement occurs, the warranty period starts anew from the receipt of the new item. The same applies if a part is replaced, for which a warranty was provided. The handling of a complaint refers to the end of the complaint procedure by delivering the repaired product, replacing the product, refunding the product’s purchase price, paying an appropriate discount on the product’s price, issuing a written notice to pick up the performance, or its justified refusal. When applying for a complaint, the Seller will determine the complaint resolution method immediately, or in complicated cases no later than 3 business days from the date of the complaint, and in justified cases, particularly if a complicated technical evaluation of the product or service condition is required, no later than 30 days from the date of the complaint. After the complaint resolution method is determined, the complaint is addressed immediately; in justified cases, the complaint can be resolved later; however, the resolution of the complaint must not take longer than 30 days from the complaint date. After the deadline for resolving a complaint, the Buyer has the right to withdraw from the contract or the right to replace the product with a new one. If the Buyer filed a complaint about a product within the first 12 months of purchase, the Seller can refuse the complaint based only on an expert opinion; regardless of the result of the expert opinion, no costs will be charged to the Buyer for the expert opinion or other costs related to it. The Seller must provide the Buyer with a copy of the expert opinion justifying the rejection of the complaint no later than 14 days from the date of complaint resolution. If the Buyer submitted a complaint about a product after 12 months of purchase and the Seller rejected it, the Seller must indicate in the complaint document where the Buyer can send the product for expert opinion. If the product is sent for expert opinion to the specified party, the Seller will bear the cost of the expert opinion as well as all other associated reasonable costs regardless of the result of the expert opinion. If the Buyer proves the Seller’s responsibility for the defect through the expert opinion, they can reapply for the complaint; during the expert opinion process, the warranty period does not run. The Seller must compensate the Buyer for all costs related to the expert opinion within 14 days from reapplying for the complaint. A refiled complaint cannot be rejected. The Seller is obliged to issue a confirmation to the Buyer when applying for a complaint. If the complaint is filed via email, the Seller must issue the complaint confirmation immediately; if it is not possible to issue the confirmation immediately, it must be issued without undue delay, but no later than with the complaint resolution document; the confirmation of the complaint does not need to be issued if the Buyer can prove the complaint application by other means.

VIII. ALTERNATIVE DISPUTE RESOLUTION

The Buyer as a consumer has the right to ask the Seller for redress if they are not satisfied with the way the Seller handled their complaint or if they believe that the Seller violated their consumer rights. If the Seller rejects the request for redress or fails to address the request within 30 days, the consumer has the right to submit a proposal for initiating an alternative dispute resolution to the alternative dispute resolution entity (ARS) according to Act No. 391/2015 Z.z. on alternative dispute resolution for consumer disputes. The ARS entities are authorities and authorized legal entities according to § 3 of Act No. 391/2015 Z.z. The list of ARS entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The proposal can be submitted according to the manner specified in § 12 of Act No. 391/2015 Z.z. The consumer can also file a complaint through the online platform for alternative dispute resolution RSO, which is available online here. Alternative dispute resolution can only be used by consumers, natural persons who are entering into and fulfilling a consumer contract outside the scope of their business activity, employment, or profession. Alternative dispute resolution is only related to disputes between consumers and Sellers arising from a consumer contract or related to a consumer contract. Alternative dispute resolution only applies to contracts concluded remotely. Alternative dispute resolution does not apply to disputes where the dispute value does not exceed 20 EUR. The ARS entity may require the consumer to pay a fee for initiating an alternative dispute resolution of up to 5 EUR including VAT.

IX. PERSONAL DATA AND ITS PROTECTION

The purpose of processing personal data is to use it to fulfill the consumer contract that the Seller enters into with the Buyer by creating an order in this online store. This consumer contract is also the legal basis for processing the Buyer’s personal data. Providing the Buyer’s personal data is a contractual requirement necessary for the contract’s conclusion. Providing personal data is a condition for shopping in the Seller’s e-shop. If the Buyer does not provide all required personal data to the Seller, this may result in the contract not being concluded. The Seller complies with Act No. 18/2018 on personal data protection or the GDPR regulation when processing personal data, and processes only personal data necessary for the consumer contract’s conclusion. The Seller processes the Buyer’s usual personal data. The Buyer’s personal data is stored in the Seller’s information system for 10 years. The Buyer has the right and possibility to update personal data online on the e-shop’s website, in the customer section after logging in, or through another form (email, written). Personal data may be provided to third parties for the purpose of fulfilling the consumer contract – delivery companies (couriers) and the company processing accounting documents. The Buyer’s personal data is not disclosed. The Seller can process personal data for marketing purposes (such as sending newsletters or emails about news, discounts, promotions, etc.) even without prior approval from the Buyer. For this purpose, the Seller processes essential data, which includes the Buyer’s first name, last name, and email address. If the Buyer does not agree with processing their data for marketing purposes, they can express their disagreement at any time, for example, by sending a message to the Seller’s email address requesting to unsubscribe from the newsletter or by clicking the link in the email. Personal data used for marketing purposes will not be provided to third parties and will not be disclosed. The Buyer has the right to receive confirmation from the Seller about which personal data concerning the Buyer is processed in the Seller’s e-shop. The Buyer has the right to access these data and obtain information about the purpose of processing, the categories of data processed, to whom personal data is provided, how long the personal data is stored, whether there is automated individual decision-making, including profiling. The first provision of the above personal data to the Buyer is free of charge. A repeated provision of personal data requested by the Buyer will be charged as an administrative fee of 25 EUR. The Buyer may request correction or completion of incomplete personal data relating to them from the Seller. The Buyer may request deletion of their personal data or restriction on processing these data. The Buyer may also object to processing personal data. Processing personal data is also necessary for archiving purposes (to fulfill the Seller’s obligation under the laws of the Slovak Republic, such as keeping accounting documents for 10 years). If the Buyer requests the deletion of personal data processed in connection with the purchase contract, their request may be denied. The Buyer has the right for the Seller to restrict the processing of their personal data if the Buyer disputes the accuracy of personal data, and during the period that allows the Seller to verify the accuracy of personal data. The Buyer has the right to obtain personal data concerning them and provided to the Seller in a structured, commonly used, and machine-readable format. The Buyer has the right to transfer this personal data to another controller, if technically possible. The Buyer has the right to object if their personal data is processed for direct marketing purposes. Similarly, they can object if their personal data is processed for the Seller’s legitimate interest. If the Buyer suspects their personal data is being processed unlawfully, they can submit a proposal to initiate personal data protection proceedings to the Office for Personal Data Protection. The above information on personal data protection also applies to pre-contractual relationships (e.g., registration in the e-shop for future purchases or requesting offers, price quotes, or information about the Seller’s goods and services). To ensure proper operation of the online store, the Seller may store small data files (cookies) on the Buyer’s device, allowing the online store to store data about activity and settings for a certain time (e.g., login name, language, font size, etc.). The Seller’s online store uses cookies to remember user settings and for essential functionality of the online store, possibly for marketing purposes. The Buyer can delete all cookies stored on their device and possibly set their internet browser to prevent their storage. In such a case, the Buyer may need to manually adjust certain settings upon revisiting the online store, and some services or functions of the online store may not be operational.

X. FINAL PROVISIONS

Rights and obligations of the contracting parties not explicitly governed by these GTC are appropriately governed by the provisions of the Civil Code, the Commercial Code, the Consumer Protection Act, the Act on Consumer Protection during the Sale of Goods or the Provision of Services based on a contract concluded at a distance or a contract concluded outside the Seller’s business premises, and other applicable generally binding legal regulations effective in the Slovak Republic. The Seller reserves the right to unilaterally change these general terms and conditions in the event of a change in legislation and in the case of changes on the Seller’s part related to the scope and quality of goods on the Seller’s side, changes in the scope and quality of goods suppliers, and changes in payment conditions. The obligation to provide written notice of changes in these GTC is met by posting on the Seller’s online store website. These general terms and conditions become effective for the Buyer upon sending an order by the Buyer. The oversight body for consumer protection is the SOI Inspectorate for the Nitra Region, Staničná 9, P.O.BOX 49A, 950 01 Nitra.