GENERAL TERMS AND CONDITIONS of CosMedic s.r.o. (hereinafter referred to as “GTC”)
Seller, for the purposes of these GTC, means CosMedic s.r.o., Business ID No. 55 070 957, VAT ID No. 2121867143, with registered office at Nová Vieska 243, 94342 Nová Vieska, Slovak Republic, registered in the Commercial Register of the District Court Nitra, Section Sro, File No. 59065/N (hereinafter referred to as the “Seller”).
Introductory provisions
1. These GTC [in accordance with Section 273 of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”)] apply to the purchase of goods in the online store at the website www.cosmedic.sk (hereinafter referred to as the “webshop”) operated by the Seller and for any further business cooperation between the Seller and the business customer (hereinafter referred to as the “Buyer”).
2. The GTC define and specify the basic rights and obligations of the Seller and the Buyer.
3. All contractual relationships are governed by the GTC, the Seller’s complaints procedure, and the principles of personal data protection. Relationships not regulated by them are governed by the Commercial Code. Provisions different from the GTC may be agreed upon in the purchase contract. Different arrangements in the purchase contract shall take precedence over the provisions of the GTC.
4. The wording of the GTC may be changed or supplemented by the Seller. The rights and obligations of the parties shall always be governed by the wording of the GTC in force at the time of their creation.
5. The provisions of the GTC are an integral part of the purchase contract (the term “purchase contract” here refers to any contract concluded under these GTC, including a license agreement). The purchase contract and the GTC are drawn up in the Slovak language.
6. The provisions relating to consumers do not apply to the Buyer, who is a business customer. The Seller shall verify the Buyer’s status as a business customer with each registration on the webshop, i.e., the Buyer must prove that they have the professional knowledge necessary for the purchase and use of the Seller’s goods, i.e., they are a doctor or a cosmetologist.
Contact details of the Seller:
E-mail: order@cosmedic.sk E-mail: info@cosmedic.sk
Return address: Nová Vieska 243, 94342 Nová Vieska.
Correspondence address: Nová Vieska 243, 94342 Nová Vieska.
Definitions:
Seller:
CosMedic s.r.o., ID: 55 070 957, VAT ID: 2121867143, with registered office at Nová Vieska 243, 94342 Nová Vieska, Slovak Republic, registered in the Commercial Register of the District Court Nitra, Section Sro, Insert No. 59065/N.
Customer/user/buyer:
natural or legal persons who use the online store, register and/or purchase products from the seller on this website.
Goods:
any goods and/or services offered for sale by the seller and purchased by the buyer on the website www.cosmedic.sk, including goods containing water, gas, electricity or any digital element, as well as goods in containers, bottles or otherwise in limited quantities or specified volume.
Contracting parties:
Seller and Buyer together.
Consumer:
a natural person – non-entrepreneur, who does not act within the scope of his business, employment or profession. It is therefore any citizen who buys products or services for their personal use.
Website: www.cosmedic.sk
Online store:
an online store available at www.cosmedic.sk.
Shopping cart:
a list of products that you have selected for purchase in the online store.
Contract:
a contract concluded between the seller (from whom the goods are purchased) and the buyer (who orders the goods from the seller) – the buyer also referred to as “buyer”, concluded remotely on the website www.cosmedic.sk in accordance with Act No. 22/2004 Coll. on electronic commerce, as amended. This electronic contract is not considered a written contract, so it will not be available on paper in the future, but the content of the contract can be reconstructed from the electronic confirmation letter sent to the buyer.
Order:
an electronic document, i.e. a form of communication between the seller and the buyer, through which the buyer uses the website to express the intention of the seller to purchase goods from the website.
Transfer (of funds): receipt from the sale of goods or services offered on the seller’s online store through the card payment gateway that the buyer has agreed to use, or transfer from the buyer’s bank account to the seller’s bank account.
Own account (account): own account that stores the personal data provided by you through registration on the website and by entering registration information.
Carrier:
shipping service for delivering products ordered on the website.
Supervisory authority:
Inspectorate of the Office for Personal Data Protection for the Nitra Region, Department of Supervision, Staničná 9, P.O.BOX 49A, 950 50, Nitra 1, E-mail: nr@soi.sk, tel.: 037/7720216, fax: 037/7720024
An online platform established by the European Commission is also available at the following web address for resolving disputes:
https://ec.europa.eu/consumers/odr/. The relationship between you and the operator is always governed by Slovak law. These provisions do not apply to buyers who are entrepreneurs.
If a consumer – buyer is not satisfied with the way the seller handled their complaint, or if they believe that the seller has violated their rights, they may contact the seller to request redress. If the seller responds to the request for redress negatively or does not respond within 30 days from the date of its submission, the consumer has the right to submit a proposal for initiating alternative dispute resolution in accordance with Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments to Certain Acts. These provisions do not apply to buyers who are entrepreneurs.
Registration process and conditions:
1. These provisions apply to all natural and legal persons who register in the seller’s online store. Follow the instructions on the website.
2. During registration, it is necessary to provide the information required by the system. Without this information, the registration request cannot be completed.
3. Every legal person who has all the necessary permits and registrations to operate in the given state and is not in bankruptcy or liquidation without a legal successor can register.
4. The buyer acknowledges that a registration number is required to make a purchase on the webshop
5. The Buyer acknowledges that the goods offered by the Seller are professional materials and are primarily available only to professionals – entrepreneurs with professional knowledge for purchasing and using the Seller’s goods, i.e. a doctor or a cosmetologist.
6. The Buyer acknowledges that the Seller decides whether to accept or reject a request for registration at its sole discretion. The Seller is not obligated to justify its decision and bears no responsibility for the payment of any damages or loss of property incurred by the user (Buyer). In particular, but not exclusively, the Seller may reject a request for registration in the following cases:
- False information about the company
- Incorrectly filled out registration form
- Resubmission of a request for rejection in the same form
- The Buyer does not have the necessary professional knowledge, i.e. is not a doctor or cosmetologist.
7. The Seller will approve or reject the Buyer’s registration within 3 business days from the date of registration
Method of concluding a purchase agreement:
1. Through the website www.cosmedic.sk, you select goods from the offer, for which you will also find information about the goods, including the price. To order a specific product, please select the product parameters under the product description and then click the “add to cart” button. For products that can be purchased in the online store, you can view product photos, descriptions of their features, optional designs/sizes, and the purchase price, which is stated in EUR and includes VAT.
2. By doing so, the relevant product is added to your shopping cart, and you have the option to either complete the purchase or continue shopping and select additional products from the Seller’s offered range. Under the “cart” button, you will find all the items you have added to your shopping cart. You can add any number of items to your cart and also specify the desired quantity of each item added to your cart. After selecting the desired products, you will provide the delivery method and location, choose the delivery method and payment method, and by clicking the “order with obligation to pay” button, you will send the order. The product offer is informative and non-binding. The minimum order quantity is stated for each product.
3. By sending the order, you make a proposal to conclude a purchase agreement with the Seller. Within 4-6 business days of sending the order, we will send a confirmation email to the email address you provided, confirming your order and the processing of your order, including the estimated delivery date of your order. After receiving the confirmation email.
The seller is authorized to accept or reject orders, or to accept orders only partially, by mutual agreement with the buyer. Upon acceptance of your order by the seller, a purchase agreement is concluded between you and the seller.
4. The deadline for processing an order is a maximum of 8 business days from the date of confirmation and acceptance of the order. In the event that the seller fails to deliver the goods within the specified maximum deadline, the buyer is entitled to set an additional deadline for the seller to deliver the goods. If the seller fails to deliver the goods even within the additional deadline, the buyer is entitled to withdraw from this agreement.
5. In the event of the conclusion of a purchase agreement, you give us consent to send the tax document electronically to the email address provided by you.
6. In the event that a purchase agreement is not concluded for any reason, any already paid financial funds will be refunded to the buyer no later than 14 days from the receipt of payment. Please note that the processing of refunds may vary between payment providers and may take up to 29 business days for the amount to be returned to your account. If you want to expedite this process, please contact your bank.
Price of goods Prices of goods are stated in EUR and not include VAT. Due to business policy, the seller is authorized to change the price of the goods. Changes in the price of goods do not apply to already concluded agreements between the seller and the buyer. In the event that the price of goods was incorrectly stated and an order was placed, but the contracting parties have not yet concluded an agreement (i.e. the seller has not confirmed the order), the seller is authorized to withdraw from this agreement, respectively the order in accordance with these T&C.
Conditions of transportation:
1. The seller will arrange the transportation of the ordered goods upon prior payment of the purchase price by bank transfer or payment card. The prices stated for individual goods do not include transportation costs, which are always specified on the seller’s website.
2. When receiving the goods from the carrier, please carefully inspect the packaging and do not accept the goods with damaged packaging. If the goods are damaged, please draw up a complaint protocol with the carrier. In case of any problem with damaged goods, please contact us immediately.
3. We strive to process your order as soon as possible, but no later than the deadline we will provide you with upon confirmation of your order.
4. The Seller is not responsible for transport errors if the Buyer provides an incorrect delivery address or if it changes during transport.
Options for withdrawing from the purchase agreement:
1. The Buyer – entrepreneur is not entitled to withdraw from the contract regarding the goods that have been delivered properly, on time and without defects.
2. The withdrawal from the contract must be in writing and, in the case of contracts concluded electronically, also electronically sent to order@cosmedic.sk. The withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other contracting party.
3. If a gift was provided together with the goods, the gift contract loses its validity with the withdrawal from the purchase agreement by either party, and the Buyer will return the gift together with the returned goods.
4. The withdrawal from the purchase agreement can be made by sending a written notice of withdrawal from the purchase agreement to the Seller’s registered address, or by using the withdrawal form from the website of the Seller.
5. The Seller reserves the right to withdraw from the purchase agreement if:
- You do not accept the ordered goods,
- The ordered goods are no longer produced, or for any other reason the Seller is unable to deliver the ordered goods to you,
- There is an obvious writing error on the Seller’s website (e.g., the price of the goods compared to other similar products),
- The Buyer does not meet the condition of the status of an entrepreneur under this agreement.
6. The Seller is entitled to deliver the withdrawal from the purchase agreement to you in the same way as the order confirmation was delivered to you, and from that time, within 14 days, the Seller is obliged to return the purchase price paid by you.
7. Please note that the Buyer – a legal entity or a natural person who, when concluding and performing a consumer contract, acts within the scope of its business activity, employment or profession, is not entitled to withdraw from the contract.
Return of goods:
1. The Seller accepts the return of the goods no later than 8 days from the Buyer’s receipt of the goods, provided that the following conditions are met:
- The goods contain manufacturing defects
- The goods were damaged upon arrival and the buyer made a note/complaint with the carrier.
- The wrong goods were delivered.
If you meet any of the above conditions, please contact us by email here or write to our customer support at the email address order@cosmedic.sk.
2. When returning the goods, you can choose between exchanging the goods or receiving a 100% refund for the returned goods. The refund will be made using the original payment method used for the purchase.
3. After 8 days, the seller will not accept returned products. Until the seller provides instructions for returning the goods, the buyer must comply with the temperature and storage conditions prescribed by the manufacturer.
4. The buyer must keep the original packaging of the goods until possible withdrawal from the contract, as such packaging is suitable for securing safe transport in connection with the return of the goods. The buyer is responsible for damages caused by inadequately packaged goods.
Procedure in case of incorrect price of goods
1. The following are considered obviously incorrectly stated prices of goods:
- Price of 0,- EUR
2. In case of an incorrectly stated price of goods, the seller gives the buyer the opportunity to purchase the goods at the actual price, and based on this offer from the seller, the buyer is entitled to decide whether to order the goods at the actual correct price or cancel the order without any adverse legal consequences.
Product complaint
1. The seller is responsible for ensuring that the goods have no defects upon receipt. This means that the goods, in particular:
have the properties that were agreed upon between the parties, that we describe, or that you could expect given the nature of the goods and based on the advertisement; are in the appropriate quantity, measurement, or weight; are suitable for the purpose we indicate or for which the purchased goods are usually used; it will also be considered a defect in the goods if the seller supplies the buyer with goods other than those agreed upon; an the goods have no legal defects, i.e., the goods do not have any property rights of a third party and are equipped with documents and certificates necessary for the proper use of the goods.
2. The seller does not provide a warranty for the quality of the product [in the sense of Section 429 of Act No. 513/1991 Coll., Commercial Code, as amended (hereinafter referred to as the “Commercial Code”).
3. Differences in shades of color in reality and on electronic display devices cannot be considered a defect in the product.
4. You must immediately report obvious defects in the product upon receipt to the person who is delivering the product to you (e.g. in the case of visibly damaged packaging). In this case, you must provide written notice of the defect in the delivery confirmation or prepare a damage report or other suitable document.
5. As a buyer, when making a complaint about the product, you are required to prove that you purchased the product from the seller, so please keep the purchase receipt carefully.
6. The rights of the buyer in case of defects in the product are governed by the provisions of Sections 422 to 428 of the Commercial Code.
7. Your rights when making a complaint about the product:
- In the case of a defect that can be repaired, you have the right to have it repaired free of charge, and you can request a replacement for the defective product or part (if this does not cause the seller disproportionately high expenses compared to the value of the product or the seriousness of the defect).
- In the case of an irreparable defect, you have the right to a reasonable discount on the purchase price of the product.
- In the case of an irreparable defect that also prevents its proper use compared to a defect-free product, you have the right to a replacement or to withdraw from the purchase agreement.
8. The buyer is obliged to inform the seller of the chosen method of resolving the right from defects in the product when reporting the defect. Otherwise, the seller will decide on the solution. This choice can only be changed by agreement with the seller.
9. The buyer is obliged to present a purchase document (invoice) / declaration of withdrawal from the contract / delivery note when making a complaint about the product.
10. Warranty claims can be rejected:
- if the buyer does not present proof of purchase (invoice) or a statement of withdrawal from the contract, or a delivery note;
- in the case of a defect resulting from improper use;
- in the case of defects caused by improper handling, storage, cleaning, or care;
- in the case of defects caused by natural elements, crushing, violent external intervention;
- in the case of defects caused by improper repair;
- if the defect was visible at the time of purchase and the buyer was informed of this defect, or if the existence of the defect was notified to the buyer in writing;
- if the buyer made a complaint after the deadline;
- in the case of a defect resulting from improper handling or storage;
- in the case of a defect resulting from violent external intervention.
11. The buyer acknowledges that until they exercise their right to a discount on the purchase price or withdraw from the contract, the seller is entitled to deliver missing goods or remove legal defects.
12. Exchange of goods or withdrawal from the contract cannot be requested if the buyer cannot return the item in the condition in which they received it.
13. Please submit your complaint to the seller in writing, using the complaint form which is available on the seller’s website. For better identification of the defect of the goods or part of the goods, please take photographs, which help us to identify the defect more accurately.
14. The moment of exercising the right from a defect is the moment when the complained goods were delivered to the seller.
15.When assembling the ordered and delivered goods, you are obliged to follow the attached manual. The warranty does not apply to goods whose defect arose as a result of failure to comply with the manual for assembly (assembly) of the product.
16. The warranty does not apply to goods,
- which were used in an unsuitable way – in a way not intended for it, or by not following the manufacturer’s recommendations,
- whose defect arose from unprofessional installation that contradicts the instructions given in the attached installation sheet,
- whose change results from normal wear and tear during the use of the goods,
- whose change is related to the natural change of wood as a natural material (e.g. slight change of color),
- which were mechanically damaged during use.
Disclaimer of Liability
1. The Seller shall not be held responsible for the accuracy of the information provided during registration or purchase, and it is the sole responsibility of the user for any defects, typing errors, or damages arising therefrom.
2. When selecting a carrier, the Seller acted in the interest of the users but excludes the Seller’s liability for any damages arising from the carrier’s activity, such as delayed delivery or damaged shipment, etc.
3. Every purchasing entrepreneur with the necessary expertise has access to the website for the purpose of placing an order. The Seller reserves the right to restrict customer access to an order if the Seller or third parties deem the customer’s behavior or activity on the website unacceptable and potentially harmful to third parties.
4. In the case of online payments, the Seller is not liable for any additional costs that the buyer must pay, including but not limited to exchange rates applied by the buyer’s card issuer.
5. If the Seller is unable to process an order, the Seller will notify the customer of this fact within three (3) business days, terminate the contract, and take necessary steps to refund the purchase price and other fees to the buyer. In addition to the sums specified in this section, the Seller excludes liability for any damages suffered by the buyer or third parties resulting from termination of the contract.
6. Each offer from the Seller depends on the Seller’s current inventory.
7. The colors of the images may slightly differ from reality.
8. The Seller is not responsible if the website, despite due care, contains incorrect prices or incorrect information, particularly if the price of the product is significantly different from the clearly identifiable or generally accepted or estimated price (e.g., EUR 0 or EUR 0.1). In such cases, the Seller is not obliged to deliver the goods at the incorrect price but may offer the customer the option of delivering the product at a reasonable price based on order confirmation, after which the buyer can decide whether to purchase the product at the actual purchase price.
Buyer’s Responsibility
The buyer declares that he/she has read, understood, and confirms the terms of purchase according to these Terms and Conditions of Purchase, agrees with this agreement, and bears financial responsibility for non-compliance with the contract.
Intellectual Property Rights
1. All copyrights to products are the property of Cosmedic sro.
2. All content on the website (especially texts, illustrations, and images contained therein) constitutes the intellectual property of the seller and/or its partners.
3. Any use of content on the website or reproduction of products is subject to written consent from the owners and under the conditions contained therein.
4. The seller reserves the right to take action against any person violating the rights or any person in violation of any laws regarding the website’s rights. No statement by the seller may be interpreted as a waiver of its rights in whole or in part.
Information about General Terms and Conditions
1. The seller informs that these general terms and conditions may change from time to time. For this reason, the seller requests that registered users regularly check these terms and conditions before each purchase. Notices of changes to the conditions will be posted on the website. Any changes will be subject to applicable laws.
2. Any changes and additions to the general terms and conditions may not have a retroactive effect and will take effect no earlier than 15 (fifteen) days after their publication. Exceptions are changes such as new features of the seller’s website or online store or any changes made for legal reasons, which are effective immediately. If you do not agree with the content of the new/modified version of the general terms and conditions, you must cancel your registration through one of the contact details on the website. After the new/modified version of the general terms and conditions takes effect, it will be considered that the seller has accepted the new/modified version of the general terms and conditions.
Protection of the seller’s trade secrets and business policies, special provisions on the conditions of use of photographs
1. When negotiating a contract and its performance, information may be disclosed to the buyer that is marked as confidential or whose confidentiality is directly implied by its nature. The buyer undertakes to keep this information confidential and, in particular:
- keep it as confidential;
- not to provide it to any other person without the seller’s consent.
The Buyer agrees not to use the purchased goods for any other purpose than fulfilling the contractual relationship agreed upon by the Seller, and not to use them in any other way that could harm the Seller.
2. Furthermore, the Buyer agrees not to create copies of the materials provided to them by the Seller without the Seller’s consent.
Provisions concerning processed data
1. The Seller manages and protects personal data in accordance with applicable laws on personal data protection when using the system.
2. The Seller will use the user’s information for the following purposes:
- for the purposes of registration and use of the Seller’s system;
- for providing, controlling, adapting or developing services related to the system;
- as part of the Seller’s contractual obligations to the user and the exercise of their rights and procedures for consumer protection, as well as any other contractual obligations of a similar nature; and in the context of the above, for communicating with the user.
- The Buyer expressly agrees to provide personal data to the carrier for the purpose of delivering the ordered goods to the Buyer.
3. The Seller will only retain information about the user for as long as necessary to achieve the purpose for which it was stored or until the contract or law allows. The Seller does not collect any unnecessary information or information that is not necessary or essential to achieve the intended purpose.
4. Upon request, the Seller will provide information about the user’s processed data, its source, processing purposes, legal basis, storage period, information about the name, address, and activities of the data processor, and – in case of transfer of personal data of the user – the legal basis and recipient of the transfer.
5. The Seller will not provide the user’s personal data to any third party without the user’s consent, except as provided for in the relevant laws and where necessary for the prevention of crime or consumer protection, where required or allowed by law, or where the relevant authority obliges the Seller.
6. In the event that the user’s personal data is shared with a third party, the seller complies with the provisions of legal regulations on the protection of personal data.
7. In accordance with the right to the protection of personal data, the user has the right to request information on the processing of personal data at any time. The information is free of charge. Each such request from the user must be submitted to the seller within 30 (thirty) days from the date of submitting the application. If you have a request for the processing of personal data, you can send it electronically through the contacts on this website or by post.
8. Through the contact information provided, the user has the right to:
- request information on the processing of your personal data;
- request correction or deletion or blocking of data, with the exception of mandatory processing;
- object to the processing of your personal data in cases specified in legal regulations on data protection;
- in case of violation of their rights and legal regulations, turn to the relevant authority and court;
- demand compensation for damages caused by unlawful handling of your data or related to the violation of data security requirements.
9. The seller is obliged to protect user information. For the purpose of protecting the personal data of the buyer, especially unauthorized access, changes, transfer, disclosure, deletion, or destruction, as well as accidental destruction and damage, the seller has implemented appropriate physical, electronic, and administrative procedures. In the course of this activity, the seller primarily prevents any unlawful or unauthorized interference with the means at their disposal for the processing of the user’s personal data.
10. The security of user information is protected by the seller through the following means: encryption if possible; using password protection if appropriate; and limiting access to information (for example, it is only available to employees who need it to achieve the above objectives). The user can help secure the information by not using an obvious login name or password and by changing their login password regularly.
11. If the customer believes that their rights to the protection of personal data have been violated, they may seek protection under personal information and data disclosure laws as required by applicable law
Cookies and Web Beacons
1. The seller uses cookies in certain areas of the website. Cookies are files that store information on the user’s hard drive or browser on the web. Cookies allow the website to recognize that the user has visited it before and to remember user preferences.
2. They help the seller understand which part of the website is most popular, as they allow visitors to determine which pages they enter and how much time they spend there. By studying this, websites can better align with user needs and provide a more diverse user experience for online visitors.
3. The user can set their web browser to accept all cookies, reject them, or be notified when a cookie is sent to their computer. Each web browser is different, so please use your “help” menu to change cookie settings. Please note that this website is designed to be used using cookies, so disabling them may affect the usability of this website and prevent the user from enjoying all of its benefits.
4. You can disable the use of Google Analytics at the following link: http://tools.google.com/dlpage/gaoptout.
5. The seller may not exchange cookies with third-party websites or external data carriers.
6. This website and the communication resulting from its use and/or registration, such as promotional emails, may contain electronic images known as “web beacons”. Web beacons work in conjunction with cookies and can be used for the following purposes (example):
• count website visitors;
• monitor if the user has taken any action related to the email or clicked on
a link;
• measure the popularity of certain system elements.
Several necessary technical cookies may be used on the CosMedic.sk website to ensure proper functioning. These cookies are stored when you log in to the website. If you have any questions about cookies or our privacy policy, please contact us at: info@cosmedic.sk
Final provisions
1. By checking the box before submitting the order, the buyer expresses that they have read and fully understood these general terms and conditions and agree to them.
2. The parties agree and acknowledge that their relationship is governed by Slovak law. The UN Convention on Contracts for the International Sale of Goods does not apply.
3. The relevant provisions of the Commercial Code, Act No. 22/2004 Coll. on Electronic Commerce as amended shall apply to relationships not governed by these general terms and conditions.
4. These general terms and conditions become effective towards the buyer upon the conclusion of a purchase contract.
5. If any provision of the terms and conditions is invalid, ineffective, or unenforceable, or becomes so, the provision that best approximates the sense of the invalid provision shall replace it. The invalidity, ineffectiveness, or unenforceability of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or the terms and conditions require written form.
6. The seller reserves the right to change these general purchase conditions. The obligation to notify in writing of changes to the general terms and conditions. However, a validly concluded contract is governed by the general terms and conditions in force at the time of its conclusion.
These terms and conditions are valid and effective from 01.03. 2023