Terms and Conditions
1.1. These general terms and conditions (hereinafter referred to as "GTC") govern the legal relations between the company Onlyx Ltd, with its registered office at Dlhá 24E, 903 01 Senec, Company Identification Number: 35 918 527, entered in the Commercial Register of the District Court Bratislava I, Section: Sro, File number: 34722 / B, as sellers and customers - final consumers when purchasing goods through e-commerce operated by the seller on the website www.onlyx.com.
Seller contact details: e-mail address: info@onlyx.com; tel .: +421 911 831 259; postal address: Dlhá 24 / E, 903 01 Senec, Slovakia; bank connection: Tatrabanka a.s., IBAN: SK61 1100 0000 0026 2280 9081.
Supervisory body: SOI Inspectorate for the Bratislava Region, Bajkalská 21 / A, P.O.Box. no. 29, 820 07 Bratislava 27, Department of Technical Product Inspection and Consumer Protection, tel. no. +421 2 58 272 172, +421 2 58 272 104.
1.2. In the sense of these GTC, the buyer is understood to be the consumer.
1.3. In accordance with these GTC according to § 2 letter a) of Act no. 250/2007 on consumer protection a natural person who, in concluding and performing a contract, does not act within the scope of his business, employment or profession.
1.4. For the conclusion of the purchase contract and the subsequent fulfillment of rights and obligations, the buyer as a consumer in accordance with applicable law will provide the following personal data: name, surname, postal and billing address, mobile phone number, e-mail contact.
1.5. All information provided on the seller's website (www.onlyx.com) as well as the information provided through this website is for educational purposes only. This general information is provided without any warranty from the seller. The seller does not replace medical examinations and diagnostics and does not take any responsibility for your health. Never delay seeking medical help, refusing medical help, or interrupting the treatment prescribed by your doctor based on the information you have found on the seller's website or provided to you by the seller.
1.6. The buyer acknowledges that the products sold in this e-shop have a different effect on everyone, depending on various factors (such as age, health, intolerance, etc.). The buyer therefore uses these products solely at his own risk. The seller does not bear any responsibility for any damage or injury caused by improper or incorrect use of these products.
Conclusion of the purchase contract
2.1. The purchase contract is concluded by a binding confirmation resp. by accepting the proposal for the conclusion of the purchase contract of the buyer by the seller in the form of a completed and sent order with the obligation to pay on the website of the seller (hereinafter "Order").
2.2. The seller will make the binding acceptance of the proposal no later than within three working days after sending the order to the buyer. Binding acceptance of the proposal is made by sending an e-mail, marked "Order confirmed", to the email address of the buyer, which he entered when completing the order.
2.3. The binding acceptance of the order contains information on: the specification of the goods as the subject of the purchase contract, the price of the goods and / or other services, the delivery address, the price of transport and the payment method.
Rights and obligations of the seller
3.1. The seller is obliged in particular
- after the conclusion of the contract, i. after binding acceptance of the order, deliver the goods to the buyer in the agreed quantity, quality and time and pack it or equip it for transport in the manner necessary for its preservation and protection,
- ensure that the goods in question comply with the applicable legislation of the Slovak Republic,
- to deliver to the buyer (in electronic or physical form) all documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the Slovak language, tax document).
3.2. The seller has the right to proper and timely payment of the purchase price by the buyer for the ordered goods.
Rights and obligations of the buyer
4.1. The buyer is obliged in particular:
- pay the seller the agreed purchase price, including the cost of delivery of goods,
- take over the ordered and paid goods,
4.2. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the parties in the binding acceptance of the order.
Delivery and payment terms
5.1. The seller undertakes to deliver the goods, which are the subject of the concluded contract, within three weeks through the carrier. In case of unforeseen circumstances (force majeure) the delivery time may be extended. The seller is obliged to immediately inform the buyer by e-mail.
5.2. The buyer is obliged to take over the goods at the place specified in the buyer's order, unless the parties agree otherwise.
5.3. The buyer is obliged, in the presence of the carrier, to inspect the goods and their packaging, immediately upon delivery. If the buyer finds that the goods or packaging of the goods are mechanically damaged, he is obliged to notify the carrier. The buyer is entitled to refuse to accept the shipment, which is not in accordance with the purchase contract by the fact that the shipment is e.g. incomplete or damaged. If the buyer receives such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover protocol. Incomplete or damaged shipments must be reported immediately by e-mail to info@onlyx.com, write a damage report with the carrier and send it by e-mail without undue delay. Additional complaints about incompleteness or external damage to the shipment do not deprive the buyer of the right to complain about the item, but they do give the seller the opportunity to prove that this is not a breach of the purchase contract.
5.4. The buyer is entitled in case of non-delivery of goods by the seller within the period specified in 5.1. The GTC withdraw from the purchase contract and the seller is obliged to return the purchase price already paid to the buyer.
5.5. The buyer can pay the purchase price in the manner selected in the order from the following options: payment by card, payment by bank transfer or deposit to the seller's account.
Purchase price
6.1. The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract, including the cost of delivery of the goods (hereinafter "purchase price").
6.2. If the buyer pays the seller the purchase price by wire transfer or deposit to the seller's account, the day of payment is considered the day when the entire purchase price was credited to the seller's account.
6.3. The buyer is obliged to pay the purchase price for the ordered goods within 10 days.
6.4. If the buyer pays the seller the purchase price for the goods ordered in accordance with the concluded purchase contract, the buyer may withdraw from the purchase contract and demand a refund of the purchase price only in accordance with applicable Slovak legislation.
Acquisition of ownership and transfer of the risk of damage to the goods
7.1. Ownership of the ordered goods passes to the buyer by taking it over at the place of delivery specified in the buyer's order.
7.2. The risk of damage to the goods, which is the subject of the concluded purchase contract, passes to the buyer at the time when he takes over the goods from the seller or. person authorized by him.
Complaints procedure (liability for errors, warranty, complaints)
8.1. The seller is responsible for errors in the goods and the buyer is obliged to immediately file a complaint with the seller according to these complaint rules.
8.2. These GTC apply to the handling of complaints.
8.3. This complaint procedure applies to goods that are the subject of a concluded contract through electronic commerce at www.onlyx.com.
8.4. For all goods purchased on the basis of civil law relations, the warranty period is, in accordance with the legal regulations of the Slovak Republic, standard 24 months, unless the legal regulations of the Slovak Republic provide for a shorter period for certain types of goods. If the item on the sold item has a marked period of use, the warranty period does not end before the expiration of this period. The warranty period is extended by the time during which the buyer could not use the goods due to warranty repair of the goods.
8.5. Complaints are handled by the seller on working days by telephone or in writing. If the goods show defects, the customer has the right to file a complaint by delivering the goods to the address Dlhá 24 / E, 903 01 Senec, Slovakia, together with a copy of a valid proof of purchase, and fill out the complaint form. The complaint form can be downloaded YOU. The buyer is obliged to indicate in the form exactly the type and extent of defects of the goods. The beginning of the complaint procedure is also the day of the complaint.
8.6. The seller will issue the buyer a confirmation of the claim in the form of an e-mail message. The seller is obliged to inform the buyer about his rights under the Civil Code. If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately, without undue delay, but no later than together with the proof of the complaint.
8.7. If it is a defect that can be removed, the seller is obliged to remove it without undue delay. The buyer may request an exchange of the item instead of eliminating the defect. If it is a defect that cannot be removed and which prevents the thing from being properly used as a thing without defects, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or due to a larger number of defects. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.
8.8. The seller will issue a document on the handling of the complaint and the complaint protocol no later than 30 days from the date of the complaint, by e-mail. After the expiration of the period for handling the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
8.9. The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
- by handing over the repaired goods,
- exchange of goods,
- by returning the purchase price of the goods,
- by paying a reasonable discount on the price of the goods,
- a written request to take over the performance specified by the seller,
- by justified refusal of warranty claim of the goods.
8.10. In the case of exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods. In this case, the buyer will receive a document stating the exchanged goods.
8.11. Warranty repairs are free of charge if the warranty is claimed. Complaint handling only applies to errors and defects described by the buyer in the complaint form.
8.12. It is not possible to exchange the goods for another if the size, type, type, etc. do not suit the buyer.
Privacy
9.1. The Seller has taken appropriate technical, organizational and personnel measures corresponding to the way of processing personal data - GDPR according to these processing rules.
Withdrawal from the purchase contract
10.1. The buyer is entitled to withdraw from the purchase contract without giving a reason
- within 14 days from the date of receipt of the goods, with the exception of goods sealed in protective packaging, which is not suitable for return for health protection or hygienic reasons and whose protective packaging was broken after delivery
- at any time before the beginning of the period for withdrawal from the contract (i.e. at any time from the conclusion of the purchase contract to the receipt of the goods)
10.2 The withdrawal period is considered to be maintained if the notice of withdrawal was sent to the seller no later than the last day of the period.
10.3 The buyer is entitled to withdraw from the purchase agreement through a written statement (sample form here), addressed to the seller to the e-mail address info@onlyx.com. The seller is obliged to provide the buyer with a confirmation of delivery of the buyer's withdrawal from the purchase contract to the e-mail address immediately upon receipt of the withdrawal from the contract. buyer.
10.4 The buyer is obliged to send the (intact) goods back to the address: Dlhá 24 / E, 903 01 Senec, Slovakia no later than 14 days from the date of withdrawal from the contract.
10.5 Withdrawal of the buyer from the purchase contract cancels the purchase contract. The seller is obliged to return the purchase price for the goods, as well as all payments received by the seller from the buyer, including postage, by transfer to the buyer's account no later than 14 days from the date of delivery of the notice of withdrawal. The seller is not obliged to return the payments to the buyer before the goods are delivered to the seller. When withdrawing from the purchase contract, the consumer bears the cost of returning the goods to the seller if the goods fully met the quality requirements and were not defective.
10.6 The seller is entitled to withdraw from the contract due to such significant changes that prevented the performance of the contract, or due to force majeure, or if even with all efforts, is unable to deliver the goods to the buyer within the period specified in these GTC. The seller is obliged to immediately inform the buyer of this fact and return the price already paid for the goods within 14 days of notification of withdrawal from the contract, by transfer to the buyer's account.
Alternative dispute resolution
11.1. The buyer has the right to contact the seller with a request for redress if he was not satisfied with the way the seller handled his complaint. The consumer shall have the right to apply for the initiation of an alternative dispute resolution (hereinafter "proposal") to the ADR entity if the seller has responded to the request for redress under the previous sentence or has not replied within 30 days from the date of dispatch. The subjects of alternative dispute resolution are e.g. Slovak Trade Inspection, whereby the buyer is entitled to choose the subject of alternative resolution of consumer disputes to which he will turn.
11.2. Alternative dispute resolution can resolve a dispute between a buyer and a seller related to a consumer contract. The value of the dispute, which is settled by alternative dispute resolution, must exceed the amount of EUR 20. The ADR entity may charge the buyer a fee for initiating the ADR; this fee may not exceed five euros, including VAT. The ADR entity may request the payment of the fee at the earliest at the same time as the ADR notice is sent.
11.3. The Buyer is entitled to use the online dispute resolution platform ("RSO") to resolve its disputes, in the language of its choice. The buyer can use the RSO platform, which is available on the website:http://ec.europa.eu/consumers/odr/.
The buyer fills in the electronic complaint form when submitting the submission to the RSO platform. The information they submit must be sufficient to identify the relevant ADR entity online. The buyer can attach documents in support of his complaint.
Final provisions
12.1. If the purchase contract is concluded in writing, any change must be in writing.
12.2. Communication between the contracting parties will take place mainly in the form of e-mail messages.
12.3. Contractual relations not regulated by these GTC for consumers are governed by the relevant provisions of the Civil Code, Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 22/2004 Coll. and other legislation governing the relationship between seller and consumer.
12.4. If the buyer gives a demonstrable consent to these GTC and sends a binding order, the concluded purchase contract is governed by these Business Terms and Conditions for Consumers, unless the parties have agreed otherwise.
In Pezinok, on 04.09.2021