- BASIC INFORMATION
- These terms and conditions apply to contracts concluded remotely in the e-shop www.hellococo.eu between the seller and the buyer in accordance with Act no. 102/2014 Coll. about consumer protection when selling goods or providing services based on a contract concluded remotely.
- The seller is: KO Brands Trading, s.r.o., Ružová 10 Banská Bystrica 974 11. ID 51928876, VAT 2120852228, Tel. 0908 757 510, e-mail: email@example.com Registered in the Companies Register of the District Court of Banská Bystrica, section Sro, no. 35247/S
- The buyer is a consumer, i.e., a physical person who, when concluding and fulfilling a consumer contract, does not act as part of the subject of his business activity of employment or profession. A purchase made by a business entity is governed by the Commercial Code no. 513/1991 Coll.
- The SOI Inspectorate for the Banskobystricky Region, Dolná 46, 974 01 Banská Bystrica acts as an official consumer protection authority.
- ORDER AND CONCLUSION OF CONTRACT
2.1 Sending the completed order to 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 confirmation of the order by the seller.
- PRODUCT PRICES
3.1 All product prices in the e-shop are final, including all taxes. The seller is a VAT payer. The price of the product includes the cost of delivery.
- PAYMENT FOR ITEMS
4.1 The seller accepts payment for the ordered goods by the following options:
- advance payment by bank card
4.2. The buyer has an obligation to pay the full price for the ordered goods to the seller.
- DELIVERY OF ITEMS
5.1 We ship the goods in the shortest possible time, as a rule we send the items within the next day after the conclusion of the contract.
5.2 If the delivery time of the product is not indicated, the seller shall deliver the items to the buyer within 14 days at the latest.
5.3 The goods are considered to be accepted by the buyer at the moment when the buyer or a third party designated by him (with the exception of the carrier) accepts all parts of the ordered items, or if a) the goods ordered by the buyer in one order are delivered separately, at the time of accepting the goods that were delivered last or, b) the delivery of goods consists several parts or pieces, at the moment of acceptance of the last part or last piece, c) goods are delivered repeatedly during a defined period, at the moment of acceptance of the first delivered items.
- COMPLAINT RULE
6.1 The seller is responsible for any damage or fault of the goods when the goods are being accepted by the buyer. In the case of used items, the seller is not responsible for any damage or fault caused by wear and tear. In the case of items sold at a lower price, the seller is not responsible for any fault or damage for which a lower price was negotiated. If they are not perishable items or used items, the seller is responsible for any fault or damage that occur after receiving the item during the warranty period (warranty).
6.2. The warranty period for new goods is 24 months, which starts from the time the goods are accepted by the buyer. The warranty period for used goods is 12 months. The warranty period for made to order items is 24 months. If there is a use by date printed on the item, its packaging or the instructions attached to it, the warranty period does not end before the expiration date.
6.3 The warranty period for a buyer who is not a consumer is 24 months.
6.4 If the purchased item is to be put into operation by an entrepreneur other than the seller, the warranty period begins to run from the day the item is put into operation, as long as the buyer ordered the putting into operation no later than three weeks after taking over the item and properly and timely provided the cooperation necessary for the performance of the service.
6.5 The warranty certificate is issued at the buyer's request. Proof of purchase is sufficient to apply for a claim.
6.6 If the goods have a fault that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the fault without delay.
6.7 However, the buyer should not continue to use the faulty item. If it is fault that occurred after the purchase, it must be reported without delay right after the fault was discovered, at the latest before the warranty period expires. After the warranty period expires, the right to claim expires.
6.8 Wear characteristic of the material or use is not considered a fault. It is not a fault if the life expectancy of the item sold is shorter than the warranty period and when the usual use of such an item results in its total wear and tear even before the warranty period expires.
6.9 Instead of removing the fault, the buyer can request the replacement of the item, or if the fault only concerns a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the fault. The seller can always replace the faulty item with a faultless one instead of removing the fault, if this does not cause serious difficulties for the buyer. If it is a fault that cannot be removed and which prevents the item from being properly used as a fault-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the faults can be removed, but if the buyer cannot properly use the item due to the reappearance of the fault after repair or due to a larger number of faults. If there are other irreparable faults, the buyer has the right to a reasonable discount from the price of the item.
6.10 Liability for faults are applied at the seller's address. However, if the warranty service is indicated in the warranty certificate, which is at the seller's location or at a location closer to the buyer, the buyer shall exercise the right to repair at the warranty service. The warranty service is obliged to carry out the repair within 30 days at the latest.
6.11 If there is an exchange, the warranty period starts again from the receipt of the new item. The same applies if there is a replacement of a part for which a guarantee has been provided.
6.12 Completion of the claim means the termination of the claim procedure by handing over the repaired product, exchanging the product, returning the purchase price of the product, paying an appropriate discount on the price of the product, a written invitation to take over performance or its justified rejection.
6.14 When making a claim, the seller will determine the method of processing the claim immediately or, in complex cases, no later than 3 working days from the date of the claim, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of the claim. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiration of the deadline for processing the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
6.15 If the buyer has made a complaint about the product within the first 12 months from the purchase, the seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the professional assessment, the buyer will not be required to pay the costs of the professional assessment or other costs related to the professional assessment. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed. If the buyer made a complaint about the product after 12 months from the purchase and the seller rejected it, the seller will indicate 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 a designated person, the costs of the expert assessment, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller's responsibility for the defect through a professional assessment, he can apply the claim again; the warranty period does not expire during the performance of the expert assessment. The seller is obliged to reimburse the buyer within 14 days from the date of re-application of the claim all costs incurred for the expert assessment, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
6.16 The seller is obliged to issue a confirmation to the buyer when making a claim. If the claim is made by e-mail, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, but at the latest together with a document on the processing of the claim; confirmation of the application of the claim does not need to be delivered if the buyer has the opportunity to demonstrate the application of the claim in another way.
6.17 In the event of a complaint, do not send the goods cash on delivery, we will not accept the goods sent in this way.
- RETURN OF GOODS
- The buyer is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods. Only the consumer can use this right.
- The goods are considered to be taken over by the buyer at the moment when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if a) the goods ordered by the buyer in one order are delivered separately, at the time of taking over the goods that were delivered last, b ) delivers goods consisting of several parts or pieces, at the moment of acceptance of the last part or last piece, c) delivers the goods repeatedly during a defined period, at the moment of acceptance of the first delivered goods.
- The buyer can withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the withdrawal period.
- The buyer cannot withdraw from the contract, the subject of which is:
- the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,
- sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
- sale of goods that are subject to rapid deterioration or deterioration,
- sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
- sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery.
- The buyer can exercise the right to withdraw from the contract in writing or on another permanent medium (e.g. by e-mail).
- The right to withdraw from the contract can be exercised by sending a notice of withdrawal even on the last day of the 14-day period.
7.6 After delivery of the notice of withdrawal from the contract and delivery of the returned goods, the seller shall return to the buyer within 14 days at the latest all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees. The seller will return the payment in the same way that the buyer used for his payment. The buyer can also agree with the seller on another method of refunding the payment.
7.7 The seller is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a different delivery method 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.
7.8 In case of withdrawal from the contract, the seller is not obliged to return the payments to the buyer before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller suggests that he collects the goods personally or through a person authorized by him.
7.9 The buyer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest. This period is considered to have been observed if the goods were handed over for transport no later than the last day of the period.
7.10 In case of withdrawal from the contract, the buyer bears only the costs of returning the goods to the seller or the 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.
7.11 The buyer is responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods.
7.12 After delivery of the goods, the buyer has the opportunity to test its functionality, but he cannot use the goods if he withdraws from the contract. In order to determine the nature, characteristics and functionality of the goods, the consumer should handle and inspect the goods only in the way that he would be allowed to do in a "brick and mortar" store. The buyer is required to handle and inspect the goods with due care during the withdrawal period. For example, the buyer should only try on the purchased accessories, but not wear them, and return the goods with the original tags or other means of protection or identification.
- ALTERNATIVE DISPUTE RESOLUTION
- The buyer - consumer - has the right to contact the seller with a request for correction (for example by e-mail) if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his consumer rights. If the seller responds negatively to this request or does not respond to it within 30 days from its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to §3 of Act 391/2015 Coll. The list of ARS entities can be found on the website of the Slovak Ministry of Economy www.mhsr.sk. The proposal can be submitted by the consumer in the manner determined according to §12 of Act 391/2015 Col
- The consumer can also file a complaint through the alternative dispute resolution platform of the RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
- Alternative dispute resolution can only be used by a consumer - a physical person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller, resulting from a consumer contract or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.
- PERSONAL DATA PROTECTION
- The purpose of personal data processing is to use them to fulfill the consumer contract, which the seller concludes with the buyer by creating an order in this online store. This consumer contract is also the legal basis for the processing of the buyer's personal data. The provision of the buyer's personal data is a contractual requirement that is necessary for the conclusion of the contract. Provision of personal data is a condition for purchasing in the seller's e-shop. If the buyer does not provide all required personal data to the seller, this may result in not concluding the purchase contract.
- When processing personal data, the seller proceeds in accordance with Act no. 18/2018 on the protection of personal data and only processes personal data necessary for concluding a consumer contract.
- The seller processes the usual personal data of the buyer.
- The buyer's personal data is stored in the seller's information system for a period of 10 years.
- The buyer has the right and the opportunity to update personal data in online mode on the website of the online store, in the customer section, after logging in, or in another form (by e-mail, in writing).
- Personal data may be provided to third parties - delivery companies (couriers) and the company that processes accounting documents - for the purpose of fulfilling the consumer contract.
- Personal data of the buyer are not published.
- The seller uses a software solution that processes personal data in a third country - the United States of America (a country that guarantees an adequate level of personal data protection).
- The seller can provide the customer's personal data (in the scope: e-mail address) to Heureka Shopping s.r.o., exclusively for the purposes of the "Verified by customers" program, to obtain feedback from the buyer in connection with the purchase made in the seller's e-shop.
- The seller may process personal data for marketing purposes (for example, for sending a newsletter or e-mails about news, discounts, promotions, etc.) even without the prior consent of the buyer. For this purpose, the seller processes the necessary data, which are the name, surname and e-mail address of the buyer. If the buyer does not agree to the processing of data for marketing purposes, the buyer can express his disagreement at any time, for example, by sending a message to the seller's e-mail address with a request to unsubscribe from the newsletter or by clicking on the link provided in the e-mail message. Personal data used for marketing purposes will not be provided to third parties, nor will they be published.
- Personal data may be transferred to third countries for the purpose of delivering marketing information - such a country is the United States of America, which guarantees an adequate level of personal data protection.
- The buyer has the right to obtain a confirmation from the seller about what personal data of the buyer is processed in the seller's e-shop. The buyer has the right to obtain access to such data and also information for what purpose it is processed, what categories of data are processed, to whom personal data is provided, how long 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. Repeated provision of personal data requested by the buyer will be charged as an administrative fee of €5.
- The buyer may request from the seller the correction or addition of incomplete personal data concerning the buyer. The buyer can request the deletion of his personal data or restriction of the processing of this data. The buyer can also object to the processing of personal data.
- The processing of personal data by the buyer is also necessary for archiving purposes (to fulfill the obligation of the seller based on Slovak legislation, for example, keeping accounting documents for a period of 10 years). If the buyer requests the deletion of personal data that is processed in connection with the purchase contract, his request may be rejected.
- The buyer has the right to have the seller limit the processing of his personal data if the buyer objects to the correctness of the personal data, during the period allowing the seller to verify the correctness of the personal data.
- The buyer has the right to obtain personal data concerning him and which he 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 operator if it is technically possible.
- The buyer has the right to object if his personal data is processed for direct marketing purposes. He can also object if his personal data is processed for the purposes of the legitimate interest of the seller.
- The buyer, if he suspects that his personal data is being processed without authorization, can submit a proposal to the Office for the Protection of Personal Data to initiate proceedings on the protection of personal data.
- The above information on the protection of personal data also applies to pre-contractual relationships (i.e. registration in the e-shop for the purpose of a future purchase or, for example, requesting an inquiry, price offer or information about the seller's goods and services).
These GTC are binding and effective from 3/15/2021.
Statute of advertising and promotional Competition
Status of the competition "Facebook and Instagram competition "(hereinafter referred to as the "competition")
Announcer and organizer of the competition
- The announcer and organizer of the "name" contest is the company KO Brands Trading, s.r.o., Ružová 416/10, Banská Bystrica ID: 51 9288 76, registered in the Commercial Register Banská Bystrica I, department: Sro, vl. No.: 35247/S (hereinafter referred to as "KO Brands Trading" and/or "Declarer" and/or "Organizer").
- This statute establishes the rules of the competition, the general conditions for participation in the competition, the rights and obligations of its participants and the rules for determining the winners of the competition. The competition statute in full will be available on the sk website (Declarer's website) and at the Declarer's headquarters.
- The aim of the competition is to advertise and support the sale of hello coco brand products.
- The competition takes place on the territory of the EU.
The date of the competition
- The contest will take place on the date specified in the contest entry. It is possible to register for the competition during this period.
- Any Facebook or Instagram user can be a participant in the competition.
By participating in the competition, in the event of winning, the competitor agrees to the processing and publication of his data in accordance with this statute.
- Any physical person will be included in the competition for the prize, who, on the date of the competition according to Art. II of this statute will fulfill all the conditions of participation in the competition specified in this statute.
- All employees of the organizer of the competition, persons close to them and other cooperating legal and natural persons participating in this competition, including their employees and persons close to them and their employees, are excluded from the competition.
Winning the competition
- The prize was donated to the competition by the competition organizer.
- Winnings in the competition are not enforceable through the courts.
- The prize cannot be exchanged for cash.
- The prize in the competition is the product mentioned in the competition entry itself.
Determination of the winner and notification of the win
- After the deadline for registering for the competition, the winner will be drawn from among the validly registered participants. The announcement of the winner of the competition will be published in the comment of the competition. The winner will also be directly contacted by the Organizer on the contacts provided by him. If the winner does not respond to the notification of the prize within 14 days and does not express an interest in claiming the prize, he loses the right to the prize. In that case, the organizer will repeat the draw.
- Prizes in kind, the value of which exceeds the amount of €350, including VAT, are subject to personal income tax in accordance with the current version of the Income Tax Act in the part of the amount that exceeds the amount of €350, including VAT. The winner is solely responsible for taxation of the prize. The announcer is obliged to notify the winner of the value of the prize within 30 days after the announcement of the Competition results. The Announcer does not reimburse Contest participants for any costs incurred in connection with winning the Contest.
Method of delivery of the prize
- The winner and the Organizer agree on the method of handing over the prize. If no mutual agreement is reached, the prize will be sent by mail to the winner at the Organizer's expense.
- By providing the above data, the winner grants the organizer consent to process this data and consent to the publication of data in the scope of first and last name (or FB name) in the published list of winners
Loss of right for the prize
- If the winner does not fulfill the conditions stated in this statute, he loses the right to win.
- The participant of the competition acknowledges that by voluntarily participating in the competition, he grants the Organizer of the competition in accordance with Act no. 18/2018 Coll. on the protection of personal data as amended (hereinafter referred to as the "Personal Data Protection Act") and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such of data, which repeals Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "Regulation") voluntary consent to the processing of personal data in the scope of identification and contact data for the duration of the competition and evaluation of the competition, but the longest period ( 1) one year from the date of the end of the competition.
- By participating in the competition, the participant declares that he is aware of his rights according to the Personal Data Protection Act and the Regulation.
- By participating in the Contest, each contestant also confirms that they are aware that Facebook and Instagram have no obligations towards the contestant and that Facebook and Instagram do not have any such obligations by participating in the Contest.
The Contest Promoter declares that the Contest is in no way sponsored, endorsed, administered by, or otherwise associated with Facebook/Instagram and is not otherwise associated with Facebook/Instagram.
- The organizer of the competition is entitled to change the rules of the competition unilaterally without compensation during its duration, to shorten, postpone, interrupt or completely cancel the promotion.
- The organizer is not responsible for the delivery of the message, which will be sent information about the win.
- By participating in the competition, each participant of the competition expresses his agreement with the rules of this competition stated in this statute. By participating in the Competition, each competitor also confirms that he was familiar with this statute.
- This statute becomes valid and effective on the day it is signed by the statutory representative of the Contest Announcer.