GENERAL TERMS AND CONDITIONS

Online store www.spiritofmauritius.com

 

I. Introductory Provisions and Definitions

 

1. These General Terms and Conditions (hereinafter also "GTC") govern the legal relations between the company

Business name: LENOX pharm sro
Registered office: Tatranská Lomnica 186, Vysoké Tatry 059 60, Slovak Republic

Registered in the register of the District Court Prešov, Section Sro, File number 31036 / P
ID: 47 976 764

DIČ: 2024167750
Bank account: SK49 8330 0000 0023 0188 9236

 

The seller is not a VAT payer / Value added tax /

(hereinafter also “Seller”) and any person who is a Buyer of goods or services offered by the Seller in the Seller's Online Store, and who acts as a consumer in accordance with other provisions of these General Terms and Conditions and applicable laws defining the consumer, within the applicable Slovak legislation. of the Republic, in particular the laws: Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller, as amended, Act no. 250/2007 Coll. On consumer protection as amended, Act no. 22/2004 Coll. On electronic commerce as amended, Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. On consumer protection as amended.

 

 

1.1. Email contact and telephone contact to the Seller is:

 

Email: info@spiritofmauritius.com

Tel. No .: +421 915963093

 

1.1.1. The address for sending documents, complaints, withdrawals from contracts and is:

 

LENOX pharm, Scherffelova 1375, Poprad 05801, Slovak republic

 

1.2 These General Terms and Conditions govern the legal relations between the Buyers, who are consumers and the Seller.

1.3. The term Internet shop is identical to the term Electronic shop and the term Website.

2. The Buyer is any person (natural person or legal entity) who has sent the order via the electronic order form using the Seller's website, or other means of distance communication.

2.1. The consumer is the Buyer, who is a natural person and who, when concluding a purchase contract through the Seller's Internet shop, does not act within the scope of his business activities.

2.2. For contractual relations (as well as other legal relations that may result from the contractual relationship) with the Buyers, who act in the position of legal entities, resp. with natural persons - entrepreneurs who act within the scope of their business activities / Buyers who do not act as consumers / the provisions of Act no. 513/1991 Coll. Commercial Code as amended.

2.3. For the purposes of these General Terms and Conditions, a distance contract means an agreement agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, in particular by using the website or other means of distance communication.

2.4 The term Purchase Contract includes a purchase and sale contract, a contract for the provision of a service and a contract for the provision of electronic content not supplied on a tangible medium.

3. Products (hereinafter also "Things") are goods, services that are intended for sale and are also published in the Seller's Online Store.

3.1. Term The goods also include electronic content not supplied on a tangible medium.

4. The Seller is also the operator of an electronic system through which it operates an online store on a domain called www.spiritofmauritius.com (hereinafter also "Online Store").

 

5.The competent authority supervising the lawfulness of consumer protection shall be:

Inspectorate of the Slovak Trade Inspection

based in Prešov for the Prešov Region

Obrancov mieru 6, 080 01 Presov 1

Supervision Department

tel. no. 051/772 15 97

fax no. 051/772 15 96

email: pr@soi.sk

web link for submission of complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

 

5.1.The competent authority performing supervision in the field of quality and health safety of food, agricultural and tobacco products or unfair commercial practices in their sale is the Regional Veterinary and Food Administration Prešov

Levocska 12 08001 Presov

Telephone secretariat: 0517493650, +421517493650

Email: podatelna.PO@svps.sk

 

6. Complaints or suggestions may also be addressed by the Buyer directly to the Seller at the address specified in Art. I, point. 1.1.1. of these GTC. At the same time, the Seller recommends that the Buyer address complaints and suggestions (due to the acceleration of the equipment) to the Seller to the Seller's email address: info@spiritofmauritius.com

Any complaint or complaint will be assessed and processed by the Seller within 10 working days of its receipt. The Seller informs the Buyer about its equipment in the same form as the Buyer delivered the complaint or complaint to the Seller.

 

7. Pursuant to §3, par. 1, letter n), Act no. 102/2014 Coll., The Seller informs the consumer that there are no special codes of conduct to which the Seller has committed itself to complying with them, where the code of conduct means an agreement or a set of rules defining the conduct of the Seller who undertook to comply with this code of conduct. to one or more specific business practices, or business sectors, if these are not stipulated by law or other legislation or measure of a public authority, which the Seller has undertaken to comply with, and the way in which the consumer can get acquainted with them or obtain their wording .

 

II. Product order - concluding a purchase contract

 

1. A proposal for the conclusion of a purchase contract by the Buyer is the sending of an order for products by the Buyer made through an electronic order form, using the Seller's website, or other means of distance communication.

2. The conclusion of the purchase contract between the Buyer and the Seller occurs at the moment of delivery of the confirmation of receipt of the order to the Buyer, which the Buyer has created in accordance with Art. II., Point 1 of these GTC by the Seller, (electronically to the Buyer's email address chosen by the Buyer in the process of creating the order).

2.1. In the event that the Buyer chooses online payment by card as the form of payment, payment by transfer to the Seller's account, the Purchase Agreement is concluded at the moment of simultaneous fulfillment of two conditions, namely:

2.1.1. Crediting the total price of the order to the Seller's account.

2.1.2. By confirming the Buyer's order by the Seller in accordance with Art. II, point. 2 of these GTC.

2.1.3.If both conditions set out in points 2.1.1 have been met. and 2.1.2. Art. II of these GTC. The Purchase Agreement is concluded at the moment of fulfilling the condition, which was fulfilled later.

3. The purchase contract is concluded for a definite period of time and expires in particular by fulfilling all obligations of the Seller and the Buyer.

3.1. The purchase contract may also terminate in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer, or non-payment of the order price within the due date.

4. The Seller informs the Buyer that in the case of ordering products by the Buyer, the order is associated with the obligation to pay for the Buyer, in the form of payment chosen by the Buyer.

 

III. Purchase price and payment terms

 

1. The price of goods and services ordered through the Online Store (hereinafter referred to as the "purchase price") is listed separately for each product and is valid at the time of creation of the order by the Buyer.

 

2. The basic currency is the euro.

 

3. The purchase price of goods or services listed in the Seller's online store is the total price of goods or services, including all taxes, while it is clearly stated in the Seller's online store. The purchase price of goods or services does not include transport costs or other costs related to the delivery of products. The seller is not a VAT payer / value added tax /.

IV. Payment methods

1. You can pay for goods and services in the Seller's Online Store in the following ways:

1.1. Payment by bank card through the payment gateway - price 0 Eur

1.2. Payment in cash upon personal collection at the store, Scherffelova 1375, Poprad 05801 - price 0 Eur

1.4. Payment by transfer to the Seller's account - price 0 Eur

V. Delivery of Products

1. The Seller is obliged to fulfill the order and deliver the goods or services to the Buyer within 30 days from the date of concluding the purchase contract in accordance with Art. II, point 2 et seq., Of these GTC. However, the usual time when the Seller dispatches the goods or services is 1 working day from the day of concluding the purchase contract, in accordance with Art. II, point 2 et seq., Of these GTC.

1.1. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the tax documents that relate to the order and other documents, if they exist and are typical for the given products or services.

2. The place of delivery of the ordered product is the address given by the Buyer in the order.

3. Delivery of the product shall be made by the Seller at his own expense to the Buyer (or to the person authorized by the Buyer to take over the product), or through third parties (transport and delivery companies).

4. Delivery of the product is made by taking it over by the Buyer (or the person authorized by the Buyer to take over the product).

5. The Seller may send goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within the period that is in accordance with the delivery period under these GTC, but only provided that the Buyer does not incur any additional costs by this procedure of the Seller, and only if if the Buyer agrees.

 

VI. Product download

 

1. The risk of damage to the product and liability for damage to the product passes to the Buyer only after its proper acceptance, regardless of whether the Buyer takes over the product in person or through an authorized / authorized third party.

2. By taking over the product, the ownership of the purchased product passes to the Buyer. In the case of mail order sales, ownership passes to the Buyer by taking over the product by the Buyer at the place of delivery designated by him.

2.1. The Buyer has, among other things, the right not to take over the delivered product from the carrier, especially if the delivered thing is of another type or in cases / the calculation is only demonstrative, and does not affect other rights of the Buyer not to take over the delivered product /:

(a) deliveries of the product (s) in breach of the contract of sale

b) deliveries of the product (s) which are in damaged packaging or,

(c) deliveries of product (s) without relevant documents.

2.2. If the product / products are delivered to the Buyer according to letter a) point 2.1 of this article, the Buyer has, among other things, the right to the Seller to deliver the item to him free of charge and without undue delay in accordance with the agreed conditions in the purchase contract, either by exchanging the product (s) or repairing them. If such a procedure is not possible, the Buyer has the right to request a discount on the purchase price or to withdraw from the contract.

3. The Seller has the right to proper and timely payment of the price of the order from the Buyer for the delivered goods.

 

VII. Shipping - methods of transporting products and the price for their transport

 

1. Shipping costs of the Seller are not included in the purchase price of the product listed on the Seller's website.

2. Methods of transport and price for transport of ordered products:

2.1. Forms of Transport:

2.1.1.Slovak Post

2.1.2.Courier service

2.1.3.Personal collection

2.2.Prices for Transport:

2.2.1. Price for transport via Slovenská pošta - price 3 Eur

2.2.2. Price for transport by courier service - price 3 Eur

2.2.3. Price in case of personal collection at the Seller's premises - price 0 Eur

2.3. If the total purchase price of the products in one order of the Buyer is higher than the amount of 100 Euros, the price for any selected form of transport or payment is 0 Euros.

 

VIII. Withdrawal of the Buyer from the purchase contract without giving a reason

 

1. The consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the date of receipt of the goods, if the Seller has duly and timely fulfilled the information obligations under § 3 para. 1 letter h). Act no. 102/2014 Coll., As amended.

If the Seller has provided the consumer in a timely and proper manner with information on the right to withdraw from the contract pursuant to § 3 para. 1 letter h) of Act no. 102/2014 Coll.)., The consumer is entitled to withdraw from the contract concluded at a distance, or from the contract concluded outside the premises of the Seller within 14 days from the date:

 

a) taking over of goods according to Art. VIII, point 1.1. these GTC in the case of contracts the subject of which is the sale of goods,

 

(b) the conclusion of a service contract; or

 

(c) the conclusion of a contract for the provision of electronic content not supplied on a tangible medium.

 

1.1.The goods are considered to have been taken over by the consumer at the moment when the consumer 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 consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,

 

b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece,

 

(c) delivers the goods repeatedly during a specified period, at the time of taking over the first goods delivered.

 

1.1.1. If the Seller has provided the consumer with information pursuant to § 3 par. 1 letter h), Act. no. 102/2014 Coll., As amended, only subsequently, but no later than within 12 months from the beginning of the period for withdrawal from the contract pursuant to Art. VIII point 1 of these GTC, the period for withdrawal from the contract expires after 14 days from the day when the Seller additionally fulfilled the information obligation.

 

1.2. If the Seller has not provided the consumer with information pursuant to § 3 par. 1 letter h) Act. no. 102/2014 Coll., As amended, or in the additional period pursuant to Art. VIII point 1.1.1. of these GTC, the period for withdrawal from the contract expires after 12 months and 14 days from the date of commencement of the period for withdrawal from the contract under the paragraph under Art. VIII point 1 of these GTC

 

1.3. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the contract.

 

2. The consumer 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 no later than 14 days from the day of withdrawal from the contract. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit. (§10 para. 1 of Act No. 102/2014 Coll.).

 

3. The consumer is obliged, if he wants to use this right, to notify the Seller of the withdrawal from the purchase contract no later than on the last day of the specified period. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the Seller no later than on the last day of the period to the address of the Seller, which is:

LENOX pharm, Scherffelova 1375, Poprad 05801, Slovak republic. This right can also be exercised by the consumer in any of the Seller's premises.

 

4. Withdrawal from the purchase contract can be claimed from the Seller in paper form or in the form of a record on another durable medium. The application for withdrawal from the contract can also be done through the Form for withdrawal from the contract, which is available on the website of the Seller. The consumer is also entitled to withdraw from the contract orally, in particular by a clearly formulated statement of the consumer expressing his willingness to withdraw from the contract.

5. By withdrawing from the contract, the contracting parties are obliged to return the services provided to each other. The consumer is only liable for the reduction in the value of the goods which has arisen as a result of such treatment of the goods as is beyond the scope of the treatment necessary to ascertain the characteristics and functionality of the goods. The consumer is not responsible for the reduction of the value of the goods if the Seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract according to § 3 par. 1 letter h). Act no. 102/2014 Coll.

 

6. The consumer may use the withdrawal form from the contract to withdraw from the contract without giving a reason . The form is freely accessible on the Seller's website.

7. If the consumer withdraws from the contract in accordance with Act No. 102/2014 Coll., He shall bear the costs of returning the goods to the Seller pursuant to § 10 para. 3 of Act no. 102/2014 Coll., And if he withdraws from the contract concluded at a distance, the cost of returning the goods, which due to their nature can not be returned by post, This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i). Act no. 102/2014 Coll

8. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the consumer to return to the consumer all payments received from him under or in connection with the contract, including transport, delivery, postage and other costs. and fees; this does not affect the provision of § 8 par. 5. Act no. 102/2014 Coll. Act on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Contract Concluded in the Distance or a Contract Concluded Outside the Seller's Premises and of Amendments to Certain Acts

9. Pursuant to § 9 par. 3 of Act no. 102/2014 Coll. as amended., The Seller is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a different method of delivery than the cheapest standard method of delivery offered by the Seller. Additional costs are the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the Seller.

10. Shipments sent in the event of withdrawal from the purchase contract as a cash on delivery will not be accepted by the Seller. We recommend buyers to send shipments by registered mail or in a similar form without stating the amount of cash on delivery.

 

11. Upon withdrawal from the contract, the consumer bears only the cost of returning the goods to the Seller or the person authorized by the Seller to take over the goods. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled the obligation under § 3 para. 1 letter i). Act on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Contract Concluded in the Distance or a Contract Concluded Outside the Seller's Premises and of Amendments to Certain Acts

12. In addition to the obligations specified in paragraphs 1, 3 to 5 and § 9 par. 3 of Act no. 102/2014 Coll. the exercise of the consumer's right to withdraw from the contract must not give rise to additional costs or other obligations for the consumer.

 

13. The right to withdraw from the contract does not apply to goods and services, which are defined in §7 par. 6 letter a) to l) of Act no. 102/2014. Zz

Specifically:

(a) the provision of a service, where it has been provided with the consumer's express consent and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right to withdraw from the contract after full provision of the service;

b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the Seller cannot influence and which may occur during the period for withdrawal from the contract,

c) the sale of goods made to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,

d) sale of goods subject to rapid deterioration or deterioration,

e) the sale of goods enclosed in protective packaging which cannot be returned for reasons of health protection or hygienic reasons and whose protective packaging has been broken after delivery,

f) sale of goods which, due to their nature, may, after delivery, be inseparably mixed with other goods,

g) the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, their delivery can be made after 30 days at the earliest and their price depends on market price movements which the Seller cannot influence,

h) performing urgent repairs or maintenance, which the consumer has explicitly requested the Seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the Seller's visit to the consumer and the consumer has not ordered these services or goods in advance,

(i) the sale of phonograms, video recordings, phonograms or computer software sold in protective packaging, if the consumer has unpacked that packaging,

j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,

k) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the Seller undertakes to provide these services at the agreed time or within the agreed time,

(l) the supply of electronic content other than on a tangible medium, where such provision has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right of withdrawal.

14. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form as he received them from the consumer. It is only possible to change the form of refund to the consumer with the consent of the consumer.

15. Upon withdrawal from the contract, the subject of which is the sale of goods, the Seller is not obliged to return the payments to the consumer pursuant to § 9 paragraph 1 of Act no. 102/2014. Zz before the goods are delivered to him or until the consumer proves the return of the goods to the Seller, unless the Seller proposes to pick up the goods in person or through a person authorized by him.

16. If the consumer withdraws from the contract for services and before the commencement of the provision of services he has given his explicit consent pursuant to § 4 para. 6 of Act no. 102/2014. Coll., As amended, the consumer is obliged to pay the Seller only the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract. The price for the performance actually provided shall be calculated in proportion to the total price agreed in the contract. If the total price agreed in the contract is overstated, the price for the performance actually provided shall be calculated on the basis of the market price of the performance provided.

 

17. The consumer is not obliged to pay for

 

17.1.Services provided during the period for withdrawal from the contract, regardless of the extent of the performance provided, if:

 

17.1.1. The seller did not provide the consumer with information according to § 3 par. 1 letter h) or letter j), Act no. 102/2014 Coll. as amended

 

17.1.2. The Consumer has not given the Seller explicit consent to the commencement of the provision of the service pursuant to § 4 para. 6, Act no. 102/2014 Coll. as amended

 

17.2.Electually or partially provided electronic content which is not supplied on a tangible medium, if:

 

17.2.1. The Consumer has not given the Seller explicit consent to the commencement of the provision of electronic content pursuant to § 4 para. 8, Act no. 102/2014 Coll. as amended

 

17.2.2.The consumer has not stated that he has been duly informed that, by giving his consent in accordance with the first point, he loses the right to withdraw from the contract, or

 

17.2.3. The seller did not provide the consumer with a confirmation in accordance with § 6 par. 1 or par. 2 letter b). Act no. 102/2014 Coll. as amended

 

18. If, on the basis of a contract concluded outside the Seller's premises, the goods were delivered to the consumer's home at the time of concluding the contract and due to their nature it is not possible to send the goods back to the Seller by post, the Seller is obliged to pick up the goods at his own expense. 1. Act no. 102/2014. Coll., As amended

19. The Seller instructs the Buyer that if the provision of the service is to be started before the expiry of the withdrawal period on the basis of the service contract or if the Buyer requests the provision of the service before the expiry of the withdrawal period:

 

19.1. By giving consent to the commencement of the provision of the service before the expiry of the period for withdrawal from the contract, the buyer loses the right to withdraw from the contract after the full provision of the service.

 

19.2. The Seller must have the express consent of the Buyer to start providing the service before the expiration of the period for withdrawal from the contract and a statement that the consumer has been properly instructed in accordance with point 19.1. Article VIII, of these GTC.

 

IX. Alternative dispute resolution

 

1. In the event that the consumer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to turn to the Seller to seek redress. If the Seller responds to the consumer's request according to the previous sentence in the negative or does not respond to such a request within 30 days from the date of its sending to the consumer, the consumer has the right to file a motion to initiate alternative dispute resolution under § 12 of Act no. 391/2015 Coll. On alternative resolution of consumer disputes and on amendments to certain laws as amended. The relevant subject for alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact can be found https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi ), or another relevant authorized legal entity registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/ , or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych- disputes-1 / list-of-subjects-of-alternative-resolution-of-consumer-disputes-1 .

The buyer has the right to choose which of the listed ADR entities to turn to. The buyer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ or directly at https: // to submit an alternative dispute resolution proposal for his consumer dispute. webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage . Alternative dispute resolution can only be used by the Buyer, who acts as a consumer when concluding and fulfilling the contract. Alternative dispute resolution only concerns a dispute between the consumer and the Seller, arising from a consumer contract or related to a consumer contract. Alternative dispute resolution only applies to distance contracts. The ADR entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT.

All other information regarding the alternative resolution of disputes between the Seller and the Buyer - consumer arising from the Purchase Agreement as a consumer contract or related to the Purchase Agreement as a consumer contract are listed on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and Act no. 391/2015 Coll. On alternative resolution of consumer disputes and on amendments to certain laws as amended.

 

X. Final provisions

 

1. The seller reserves the right to change the General Terms and Conditions. The obligation to notify the change of the General Terms and Conditions in writing is fulfilled by placing it in the Seller's Online Shop. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the conclusion of the Purchase and Sales Agreement, up to the moment of its termination.

2. The contractual relations (as well as other legal relations that may result from the contractual relationship) with natural persons who do not act within the scope of their business activities / consumers / when concluding a purchase contract according to these GTC apply to the general provisions of Act no. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and Act no. 250/2007 Coll. On consumer protection.

3. These General Terms and Conditions form an integral part of the Complaints Procedure and the Principles and Instructions on Personal Data Protection of this online store. The documents - the Complaints Procedure and the Principles and Instructions on the Protection of Personal Data of this online store are published on the domain of the Seller's online store.

4. These general terms and conditions become valid and effective by their publication in the Internet shop

Seller 15.02.2021

 

This eshop is certified http://www.pravoeshopov.sk