Advertising Regulations

Internet Store www.eshop.spacelabdrinks.com

I. General Provisions

1.1.This Complaints Procedure is issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll., the Consumer Protection Act, as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises, as amended, and Act No. 22/2004 Coll. on Electronic Commerce, as amended. And regulates the legal relationship between the Seller, which is:

1.2.The Seller is a company

Trade name: SPACElab s.r.o.
Headquarters: Sibírska 7, Bratislava 831 02, Slovak Republic

Entered in the Register of the District Court Bratislava I, Section Sro, Entry No. 4103/B
Number: 31 339 565

DIČ: 2020903115

VAT number: SK2020903115
Bank Account: SK5211000000002927062062

Seller is a VAT/Value Added Tax payer

(hereinafter also referred to as "Seller") and any person who is a Buyer of goods or services offered by the Seller on the Seller's Website and who acts in the position of a consumer within the meaning of the provisions of the General Terms and Conditions published on the Seller's Website, these Complaints Regulations and the relevant laws defining a consumer, within the meaning of the legislation in force in the Slovak Republic, in particular the following laws: the Act no. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises, as amended, Act No. 250/2007 Coll. No. 40/1964 Coll. Civil Code as amended

1.3.Email contact and telephone contact for the Seller is:

Email: info@spacelab.sk

Tel No: +421905651229

1.4.The address to send correspondence, complaints, withdrawals, etc. is:

SPACElab s.r.o., Sibírska 7, 831 02 Bratislava

1.5.This Complaints Procedure regulates the rights and obligations of the Buyer, who is a consumer, when exercising rights arising from defects of the item (goods) or services under a distance purchase contract concluded with the Seller via the Seller's e-shop www.eshop.spacelabdrinks.com

1.6.The Buyer is any person (natural person or legal entity) who has placed an order via an electronic order form using the Seller's website or other remote means of communication.

1.7.The Consumer is the Buyer, who is a natural person, and who, when concluding a purchase contract through the Seller's Web site, is not acting within the scope of his/her business activity.

1.8.This Complaints Procedure shall regulate the legal relations between Buyers who are consumers and the Seller. Except as provided in clause 4.12 of these Complaints Regulations (Seller's statement of the warranty period in the case where the Buyer is not acting in the capacity of a consumer).

1.9.Products (hereinafter also referred to as "Items") are goods, services and electronic content not supplied on a tangible medium, which are intended for sale and are also published on the Seller's Website.

II. Links

2.1.In addition to the general provisions of Act No. 40, the relations arising from the Seller's liability for defects in goods or services (as well as other legal relations that may arise from the contractual relationship) with natural persons who are not acting within the scope of their business activity (consumers) when concluding a purchase contract are subject to the following general provisions/1964 Coll., the Civil Code, as amended, also special regulations, in particular Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and Act No. 250/2007 Coll. on consumer protection.

2.2.Legal relations arising from the application of rights of liability for defects between the Seller and the Buyer, who is a legal entity or a natural person entrepreneur acting within the scope of his business /persons who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll., the Commercial Code, as amended. Except as provided in point 4.12 of these Complaints Regulations (Seller's statement on the warranty period in the case where the Buyer is not acting in the capacity of a consumer).

2.3.In the meaning of §3, paragraph 1, letter n), Act No. 102/2014 Coll. The Seller informs the Consumer that there are no special relevant codes of conduct to which the Seller has committed itself, whereby a code of conduct means an agreement or a set of rules defining the Seller's conduct, which the seller has undertaken to comply with that code of conduct in relation to one or more specific commercial practices, or commercial sectors if these are not provided for by law or by other legislation or by action of a public authority) which the seller has undertaken to comply with, and the manner in which the consumer may acquaint himself with them or obtain the text thereof.

III. Seller's liability for defects in products (goods and services)

3.1.The seller is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract i.e. in the required quality, quantity and without defects (factual, legal).

3.2.The Seller shall be liable for any defects in the sold item or service upon receipt by the Buyer. Unless it is a used item, the Seller shall be liable for defects that occur after receipt of the item within the warranty period (warranty). The Seller recommends the Buyer to claim defects in the goods or services from the Seller without undue delay. In the case of used goods, the Seller shall not be liable for defects caused by their use or wear and tear. In the case of goods sold for a lower price, the Seller shall not be liable for any defect for which a lower price has been agreed.

3.3.The buyer is entitled to inspect the item or service being sold before taking delivery.

IV. Warranty period

4.1.The warranty period is 24 months. The warranty period in respect of a used item is 12 months. Warranty periods begin upon receipt of the item or service by the Buyer.

4.1.1. The Buyer must exercise the rights of liability for defects in perishable goods no later than the day after purchase; otherwise the rights are extinguished.

4.1.2.The warranty period for consumer goods is 24 months. However, if the goods bear an expiry date, in which case the period shall be reduced only to the date marked on the packaging of the goods.

4.1.3.In the case of food where a best before date is indicated, the warranty period is valid until that date.

4.2.Unless the items are perishable or second-hand, the Seller shall be liable for defects that occur after receipt of the item within the warranty period (warranty). The warranty period is 24 months. If a period of use is indicated on the item sold, its packaging or the instructions accompanying it, the warranty period does not expire before the expiry of this period.

4.3.If the item is a used item, the Buyer and Seller may agree on a shorter warranty period, but not less than 12 months.

4.4.For items that are intended to be used for a longer period of time, special regulations provide for a warranty period longer than 24 months. A warranty period exceeding 24 months may also cover only a part of the item.

4.5.At the Buyer's request, the Seller is obliged to provide a warranty in writing (warranty certificate). If the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.

4.6. By a statement in the warranty certificate issued to the Buyer or in the advertisement, the Seller may provide a warranty exceeding the scope of the warranty provided for in this Law. In the warranty certificate, the Seller shall specify the terms and extent of such warranty.

4.7.Warranty periods shall commence upon acceptance of the item by the Buyer. If the purchased item is to be commissioned by a business other than the Seller, the warranty period shall commence only from the date of commissioning, provided that the Buyer has ordered the commissioning no later than three weeks after receipt of the item and has duly and timely provided the necessary cooperation for the performance of the service.

4.8.If a new item is exchanged for a new item, the warranty period starts again from the receipt of the new item.

4.9.If a part of the new item is replaced where the nature of the item permits. The warranty period for that part will start again from the receipt of the new item. The same applies if a part of the item for which a guarantee has been provided is replaced.

4.10.Rights of liability for defects in the thing for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.

4.11.The warranty period shall be extended by the period of time the goods have been under claim. The rights of liability for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.

4.12. In accordance with § 429, paragraph 2 of Act No. 513/1991 Coll. the Commercial Code, as amended, the Seller declares that in the event of the length of the warranty period in commercial relations between the Seller and the Buyer, who does not act in the capacity of a consumer. The Seller assumes the guarantee for the quality of the goods for a duration of 12 months. The warranty period shall commence in accordance with the provisions of Art. IV, point 4.1 of these Complaints Regulations.

V. Procedure for exercising rights under liability for defects (Complaints)

5.1.The buyer is entitled to exercise the rights of liability for defects in goods, goods or services at SPACELAB, s.r.o.,Sibírska 7, Bratislava 831 02, Slovak Republic

The Buyer may always exercise the right to make a claim in person at any of the Seller's establishments where the acceptance of the claim is possible due to the nature of the item, or at the Seller's registered office, or through third parties, e.g. transport companies, mail order companies, Slovak Post, etc. The Seller recommends the Buyer to use the following Claim Form to make a claim.

When making a claim, the Seller recommends that the Buyer provide an invoice, warranty card, or other document evidencing the purchase of the claimed goods or services from the Seller. The Seller recommends that the Buyer describe the defect in the goods or service when making a claim.

5.1.1. If the Buyer is claiming goods or services other than in person, the Seller recommends that the Buyer send the goods together with a detailed description of the defect in the goods, and proof of purchase of the goods from the Seller (e.g. proof of payment, invoice, warranty card), in order to expedite the claim process.

5.1.2.In case of a complaint, we recommend sending the goods by registered mail. The Seller recommends not to send the goods by COD, which will not be accepted by the Seller.

5.1.3.The Seller is obliged to issue a confirmation to the Consumer when a claim is made. If the claim is made by means of remote communication, the Seller shall deliver the confirmation of the claim to the Consumer immediately; if it is not possible to deliver the confirmation immediately, it shall be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim need not be delivered if the Consumer has the possibility to prove the claim in another way.

5.1.4.The Seller is obliged to issue a written proof of complaint handling no later than 30 days from the date of the complaint, but no later than together with the proof of complaint handling, if the period for its handling started to run from the date of receipt of the subject of the complaint by the Seller.

5.2.The settlement of a complaint is without prejudice to the consumer's right to compensation for damages under a special regulation.

5.3.The Seller is obliged to determine the method of handling the complaint pursuant to Section 2 (m) of Act No. 250/2007 Coll. as amended (under the handling of the complaint shall be understood as the termination of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to take over the performance or its reasoned rejection) immediately, in complex cases no later than within 3 working days from the date of the complaint, in justified cases, in particular if a complex technical evaluation of the condition of the product or service is required, no later than within 30 days from the date of the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint. If the acceptance of the subject of the complaint by the Seller occurs on a day later than the day on which the complaint is made, the time limits for the settlement of the complaint under this paragraph shall begin to run from the date of acceptance of the subject of the complaint by the Seller; however, at the latest from the moment when the Seller makes it impossible or prevents the acceptance of the subject of the complaint. After the expiry of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to have the product (the subject of the complaint) exchanged for a new product.

5.4.If the Consumer has made a claim for the Product within the first 12 months of purchase, the Seller may settle the claim by rejecting it only on the basis of a professional assessment; irrespective of the outcome of the professional assessment, the Consumer may not be required to pay the costs of the professional assessment or other costs related to the professional assessment. The Seller must provide the Consumer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of the complaint.

5.5.If the Consumer has made a claim for the Product after 12 months from the date of purchase and the Seller has rejected the claim, the person who has settled the claim shall indicate in the document on the settlement of the claim to whom the Consumer may send the Product for professional assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment as well as all other related costs reasonably incurred shall be borne by the Seller regardless of the outcome of the expert assessment. If the consumer proves the Seller's liability for the defect by the expert assessment, he/she may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Consumer within 14 days from the date of reasserting the claim for all costs incurred for the professional assessment, as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.

5.6.The consumer shall be entitled to reimbursement of the necessary costs (in particular the postage costs paid by him in sending the goods complained of) incurred in connection with the exercise of his legitimate rights under the liability for defects in goods and services. In the event of withdrawal from the contract due to a defect in the goods or services, the consumer is also entitled to reimbursement of the costs of such withdrawal.

5.7.Professional judgement matters under clause 5.4 of this article:

Expert Assessment shall include:

1. a)identification of the person conducting the professional assessment,
2. b)exact identification of the product being assessed,
3. c)description of the condition of the product,
4. d)assessment result,
5. e)date of the professional assessment.

5.8.If the nature of the product permits, the consumer shall hand over the product to the Seller (designated person) when making a claim. If the nature of the product does not allow the delivery of the product to the Seller (designated person), the consumer may, when making a claim, request the removal of the defect at the place where the product is located or arrange with the Seller (designated person) the method of transportation of the product.

5.9.The period from the exercise of the right of liability for defects to the time when the Buyer was obliged to take over the item after the repair was completed shall not be included in the warranty period. The Seller is obliged to issue the Buyer with a confirmation of when the Buyer exercised the right, as well as of the execution of the repair and the duration of the repair.

VI. Buyer's rights when exercising rights under liability for defects

6.1.If the defect is one that can be remedied, the Buyer shall have the right to have it remedied free of charge, in a timely and proper manner. The Seller shall remove the defect without undue delay.

6.2.The Buyer may, in lieu of removing the defect, require the item to be replaced or, if the defect relates only to a part of the item, the part to be replaced, provided that this does not incur disproportionate costs to the Seller in relation to the price of the goods or the seriousness of the defect.

6.3.The Seller may always replace the defective item with a faultless one instead of removing the defect, unless this will cause the Buyer serious inconvenience.

6.4.If there is a defect which cannot be remedied and which prevents the item from being properly used as a non-defective item, the Buyer shall have the right to have the item replaced or to withdraw from the Contract. The same rights shall apply to the Buyer if the defects are remediable, but if the Buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects.

6.5.If there are other irremediable defects, the Buyer is entitled to a reasonable discount on the price of the item.

VII. Out-of-court dispute resolution

7.1.The courts of the Slovak Republic shall have jurisdiction over disputes arising, provided that the buyer, who is a consumer, is domiciled in the territory of the Slovak Republic. A buyer who is a consumer may also sue the seller in the courts of the Member State of the European Union in which the consumer is domiciled.

7.2. You have the right to contact dm to request redress (by email to info@spacelab.sk) if you are not satisfied with the way we have handled your complaint or if you believe that dm has violated your rights. If dm responds to this request in a negative manner or does not respond to it within 30 days of sending it, you have the right to file a petition for the initiation of an alternative dispute resolution with an alternative dispute resolution entity pursuant to Section 3 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended (hereinafter referred to as the "ADR Act"); the possibility to apply to court is not affected. The list of alternative dispute resolution entities is published on the website of the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1)

7.3.You may file a motion for alternative dispute resolution in paper form, electronically or orally on the record. You can use the form available on the website of the Ministry of Economy of the Slovak Republic and each alternative dispute resolution entity to submit your application. You can also submit a proposal for the initiation of alternative dispute resolution through the following online alternative dispute resolution platform - European Commission's ODR platform.

7.4.Alternative dispute resolution is a procedure of an alternative dispute resolution entity under the ADR Act aimed at reaching an amicable settlement between the parties to a dispute. Alternative dispute resolution only applies to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution by alternative dispute resolution bodies shall be free of charge. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT. The costs associated with alternative dispute resolution shall be borne by each of the parties to the dispute separately without the possibility of reimbursement.

7.5.If, after a thorough evaluation of all the facts established and the representations of the parties to the dispute, it is clear that the parties to the dispute are interested in an amicable resolution of the dispute, the ADR entity shall draft an agreement to resolve the dispute. The agreement resulting from the alternative dispute resolution shall be binding on the parties to the dispute; the possibility for the parties to the dispute to bring the same matter before the courts shall not be affected. If no agreement is reached between the parties to the dispute and the ADR entity, on the basis of the facts it discovers during the ADR process, reaches a reasoned conclusion that the seller has violated the buyer's rights under the relevant consumer protection legislation, it shall terminate the ADR process by issuing a non-binding reasoned opinion.

7.6. In case of differences of opinion with our customers, we try to find a consensual solution. If you are not satisfied with any of our offers, please contact us at info@spacelab.sk.

VIII. Final Provisions

8.1.This Complaints Policy forms an integral part of the General Terms and Conditions and Privacy Policy and Privacy Notice of this Website. The documents - General Terms and Conditions and Privacy Policy and Privacy Notice of this Website are published on the domain of the Seller's Website.

8.2. In the event of a change in the Complaints Policy, the relationship between the Buyer and the Seller shall be governed by the Complaints Policy in force and effect at the time of the conclusion of the Sale and Purchase Agreement, until its termination.

8.3.This Complaints Procedure shall be valid and effective at the moment of its publication on the Seller's Website. On 01.02.2023