General Terms and Conditions
General Terms and Conditions
Internet store www.eshop.spacelabdrinks.com
I. Introductory Provisions and Definitions
1.These General Terms and Conditions ("GTC") govern the legal relations between the 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
VATIN: SK2020903115
Bank Account: SK5211000000002927062062
Seller is a VAT/Value Added Tax payer
(hereinafter also "Seller") and any person who is a Buyer of goods or services offered by the Seller on the Seller's Web site and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and the relevant laws defining a consumer, within the framework of the legislation in force in the Slovak Republic, in particular the following laws: 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. 22/2004 Coll. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. On Consumer Protection, as amended.
1.1.Email contact and telephone contact for the Seller is:
Email: info@spacelab.sk
purchase price") is listed separately for each product and is valid at the time the order is created by the Buyer.
2.The basic currency is the euro.
3.The purchase price of the goods or services listed on the Seller's Web Site shall be the total price of the goods or services, including value added tax and all other taxes, and shall be clearly stated on the Seller's Web Site. The purchase price of the goods or services does not include transport costs or other costs related to the delivery of the products. The Seller is subject to VAT/value added tax/.
IV. Methods of payment
1.You may pay for goods and services on the Seller's Web site in the following ways:
1.1. payment by bank card via payment gateway - price 0 Euro incl. VAT
V. Delivery of products
1.The Seller is obliged to fulfill the order and deliver the goods or services to the Buyer within a period not later than 30 days from the date of conclusion of the Purchase Contract within the meaning of Article II, point 2 et seq., of these GTC. However, the Seller's usual time limit for dispatching the goods or services is 1 working day from the date of conclusion of the contract of sale, within the meaning of Article II, paragraph 2 et seq., of these GTC.
1.1.The Seller is obliged to deliver the Products to the Buyer in the quantity and quality ordered, together with the tax documents relating to the order and other documents, if any, that are typical for the Products or Services concerned.
2.The place of delivery of the ordered product is the address specified by the Buyer in the order.
3.The Seller will deliver the product by its own means to the hands of the Buyer (or to a person authorized by the Buyer to receive the product), or through third parties (shipping and forwarding companies).
4.Delivery of the product is effected by its receipt by the Buyer (or by the Buyer's authorized person to receive the product).
5.The Seller may send the goods which are immediately available to the Buyer and deliver the remainder of the order subsequently within a period of time which is consistent with the delivery period under these GTC, provided, however, that the Buyer will not incur any additional costs by the Seller's doing so, and only if the Buyer agrees to do so.
VI. Product acceptance
1.No risk of damage to the product and liability for damage to the product shall pass to the Buyer only upon proper acceptance thereof, irrespective of whether the Buyer accepts the product in person or through an authorized / authorized third party. The Seller advises the Buyer to check the order being taken over when taking over the order.
2.On acceptance of the product, ownership of the purchased product passes to the Buyer. In the case of mail order sales, ownership passes to the Buyer upon receipt of the product by the Buyer at the place of delivery designated by the Buyer.
2.1.The Buyer has the right, among other things, not to take delivery of the delivered product from the carrier, in particular if the delivered item is of a different type or in cases /the above list is merely demonstrative, and does not affect the Buyer's other rights not to take delivery of the delivered product/:
- a) delivery of product(s) that are contrary to the concluded purchase contract
- b) delivery of a product/products that are in damaged packaging or,
- c) delivery of the product/products that are without the relevant documents.
2.2.If the product/products are delivered to the Buyer pursuant to point a) of clause 2.1 of this Article, the Buyer shall have the right, inter alia, to have the Seller deliver the item to him free of charge and without undue delay in accordance with the agreed terms in the Purchase Contract, either by replacing the product/products or by repairing them. If such a procedure is not possible, the Buyer has the right to demand a discount on the purchase price or to withdraw from the contract.
3.The Seller shall have the right to proper and timely payment of the order price from the Buyer for the goods delivered.
VII. Shipping - Methods of transportation of products and price for their transportation
1.Seller's shipping costs are not included in the purchase price of the product listed on the Seller's Web site.
- Shipping Methods and Price for Shipping of Ordered Products:
2.1. Forms of Shipping:
2.1.1.DPD Courier Service
2.2.Shipping Rates:
2.2.1.Price for shipping by courier service - price 5,50 Euro incl. VAT
2.2.3.Price in case of personal collection at the Seller's establishment - price 0 Eur
VIII. Withdrawal of the Buyer from the Purchase Contract without giving any 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 (1) (h) of the Act. 102/2014 Coll. as amended .
If the Seller has timely and properly provided the consumer with information on the right to withdraw from the contract pursuant to § 3 (1) (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 Seller's business premises within 14 days from the date:
, even without stating a reasonIX. Alternative Dispute Resolution
1.If the Consumer is not satisfied with the manner in which the Seller has handled his/her complaint or believes that the Seller has violated his/her rights, the Buyer shall have the right to contact the Seller with a request for redress. If the Seller responds to the Consumer's request under the preceding sentence in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the Consumer, the Consumer shall have the right to file a motion for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended. The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another competent authorized legal entity registered in the list of alternative dispute resolution entities 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-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
The buyer has the right to choose which of the above alternative dispute resolution entities to contact. The buyer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/, or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Alternative dispute resolution can only be used by the Buyer who is acting in the capacity of a consumer when concluding and performing the contract. Alternative Dispute Resolution applies only to a dispute between the Consumer and the Seller arising out of or related to a consumer contract. Alternative dispute resolution applies only 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 the initiation of ADR up to a maximum of EUR 5 including VAT.
All other information regarding alternative dispute resolution between the Seller and the Buyer - consumer arising from or related to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended.
- a) acceptance of the goods pursuant to Article VIII, point 1.1. of these GTC in the case of contracts the subject matter of which is the sale of goods,
- (b) the conclusion of a contract for the provision of a service or
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- (c) the conclusion of a contract for the provision of electronic content not delivered on a tangible medium.
1.1.Goods shall be deemed to have been accepted by the consumer when the consumer or a third party designated by the consumer, excluding the carrier, has accepted all parts of the goods ordered, or when
- (a) goods ordered by the consumer in a single order shall be delivered separately, at the time of receipt of the goods that were delivered last,
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- (b) delivers goods consisting of multiple parts or pieces, at the time of acceptance of the last part or piece,
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- (c) delivers the goods repeatedly during a defined period of time, at the time of acceptance of the first delivery.
1.1.1.If the Seller has provided the consumer with information pursuant to § 3(1)(h), Art. 102/2014 Coll. as amended only subsequently, but no later than 12 months from the commencement of the withdrawal period pursuant to Article VIII, point 1. of these GTC, the withdrawal period shall expire 14 days after the date on which the Seller has subsequently fulfilled the information obligation.
1.2.If the Seller has failed to provide the consumer with information pursuant to § 3(1)(h) of the Act. 102/2014 Coll. as amended, even within the additional period pursuant to Article VIII point 1.1.1. of these GTC, the withdrawal period shall expire 12 months and 14 days after the date of commencement of the withdrawal period pursuant to the paragraph under Article VIII point 1. of these GTC
1.3.The consumer may also withdraw from the contract, the subject of which is the delivery of the goods, before the withdrawal period has started.
2.The Consumer is obliged to send back the goods or hand them over to the Seller or a person authorised by the Seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the Seller proposes to collect the goods in person or through a person authorised by the Seller. The time limit according to the first sentence shall be deemed to have been observed if the goods have been handed over for transport no later than on the last day of the time limit (§10 paragraph 1 of Act No. 102/2014 Coll.).
3.The consumer is obliged, if he/she wishes to exercise 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 withdrawal period shall be deemed to have been observed if the notice of withdrawal is sent to the Seller no later than on the last day of the period to the Seller's address, which is:
SPACElab,s.r.o., Sibírska 7, 831 02 Bratislava
This right may also be exercised by the consumer in any of the Seller's establishments.
4.Withdrawal from the contract of sale may be exercised with the Seller in documentary form or in the form of a record on another durable medium. Withdrawal from the contract may also be made by means of the Withdrawal Form, which is available on the Seller's website. The consumer is also entitled to withdraw from the contract orally, in particular by an unambiguously worded statement of the consumer expressing his will to withdraw from the contract.
5.By withdrawing from the contract, the contracting parties are obliged to reimburse each other for the services provided. The consumer shall only be liable for any diminution in the value of the goods resulting from treatment of the goods which goes beyond that necessary to establish the characteristics and functionality of the goods. The consumer shall not be liable for the diminution in value of the goods if the Seller has failed to comply with the information obligation on the consumer's right of withdrawal pursuant to § 3(1)(h). 102/2014 Coll.
6.The consumer may use the form of withdrawal from the purchase contract to withdraw from the contract without stating a reason. The said 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/she shall bear the costs of returning the goods to the Seller in accordance with Article 10(3) of Act No. 102/2014 Coll, If the consumer withdraws from a distance contract, the costs of returning the goods which, due to their nature, cannot be returned by post, this does not apply if the Seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3(1)(i) of Act No. 102/2014 Coll.
8.The seller is obliged to return to the consumer without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal from the contract, all payments received from him under or in connection with the contract, including the cost of transport, delivery and postage and other costs and charges; this is without prejudice to the provisions of § 8 (5). 102/2014 Coll., the Act 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 on Amendments and Additions to Certain Acts
9. Pursuant to Section 9(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 delivery method other than the cheapest common delivery method offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the consumer and the cost of the cheapest normal method of delivery offered by the Seller.
10.Shipments sent as COD in the event of withdrawal from the Purchase Contract will not be accepted by the Seller. Buyers are advised to send items by registered mail or similar without specifying the COD amount.
11.In the event of withdrawal from the contract, the consumer shall bear only the cost of returning the goods to the Seller or to the person authorised by the Seller to take delivery of the goods. This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3(1)(i). Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Off the Seller's Premises and on Amendments to Certain Acts
12.Except for the obligations referred to in paragraphs 1, 3 to 5 and § 9(3) of Act No. 102/2014 Coll., the exercise of the consumer's right to withdraw from the contract may not result in the incurrence of additional costs or other obligations for the consumer.
13.The right of withdrawal shall not apply to goods and services as defined in §7(6)(a) to (l) of Act No. 102/2014. Z.z.
Specific:
(a)the provision of a service where the provision of the service has been commenced with the express consent of the consumer and the consumer has declared that he has been duly informed that the expression of such consent shall forfeit the right to withdraw from the contract once the service has been fully provided, and where the service has been fully provided,
b)sale of goods or provision of services whose price depends on price movements in the financial market that are beyond the Seller's control and that may occur during the withdrawal period,
(c)the sale of goods made to the consumer's specific requirements, custom-made goods or goods specifically designed for a single consumer,
(d)the sale of goods that are subject to rapid deterioration or perishability,
e)sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
- (f) the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
g)the sale of alcoholic beverages, the price of which was agreed at the time of the contract, the delivery of which is not possible until after 30 days and the price of which depends on market price movements beyond the Seller's control,
h)the performance of urgent repairs or maintenance expressly requested by the consumer from the Seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for the performance of the repair or maintenance, if they were concluded during the Seller's visit to the consumer and the consumer did not order these services or goods in advance,
i)the sale of sound recordings, visual recordings, phonograms or computer software sold in protective packaging if the consumer has unwrapped the packaging,
j)the sale of periodicals, excluding sales under subscription agreements, and the sale of books not supplied in protective packaging,
k)the provision of accommodation services other than for the purpose of housing, the carriage of goods, the hire of cars, the provision of catering services or the provision of services in connection with leisure activities and pursuant to which the Seller undertakes to provide such services at an agreed time or within an agreed period,
l)the provision of electronic content otherwise than on a tangible medium, where the provision has been initiated with the express consent of the consumer and the consumer has declared that he has been duly instructed that by expressing such consent he loses the right to withdraw from the contract.
14.In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form in which it received them from the consumer. Changing the form of the return of funds to the consumer is only possible with the consent of the consumer.
15.When withdrawing from a contract, the subject of which is the sale of goods, the Seller is not obliged to refund payments to the consumer pursuant to Article 9, paragraph 1 of Act No. 102/2014. Z.z. before the goods are delivered to him or until the consumer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorised by him.
16.If the consumer withdraws from the contract for services and has given his express consent pursuant to Article 4(6) of Act No. 102/2014 before the provision of services commences. Z.z. as amended, the consumer shall be obliged to pay the Seller only the price for the actual performance provided until the date of delivery of the notice of withdrawal from the contract. The price for the performance actually provided shall be calculated proportionally on the basis of the total price agreed in the contract. If the total price agreed in the contract is overestimated, 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 withdrawal period, regardless of the extent of the performance provided, if:
17.1.1.The seller has not provided the consumer with information pursuant to § 3(1)(h) or (j), Act No. 102/2014 Coll., as amended
17.1.2.The Consumer has not given the Seller explicit consent to commence the provision of the service pursuant to Section 4(6), Act No. 102/2014 Coll. as amended
17.2.Fully or partially provided electronic content that is not delivered on a tangible medium, if:
17.2.1.The Consumer has not given the Seller explicit consent to start providing electronic content pursuant to Article 4, paragraph 8, of Act No. 102/2014 Coll., as amended
17.2.2.The consumer has not declared that he/she has been duly instructed that by expressing his/her consent pursuant to the first point he/she loses the right to withdraw from the contract, or
17.2.3.The seller has not provided the consumer with a confirmation in accordance with section 6(1) or (2)(b). 102/2014 Coll., as amended
18.If, on the basis of a contract concluded outside the Seller's premises, the goods have been delivered to the consumer's home at the time of conclusion of the contract and due to their nature it is not possible to send the goods back to the Seller by post, the Seller shall be obliged to arrange for the collection of the goods at its own expense within the time limit pursuant to § 9 (1) of Act No. 102/2014. Z.z., as amended
19.The Seller instructs the Buyer that if the provision of the service is to commence under the service contract before the expiry of the withdrawal period or if the Buyer requests the provision of the service before the expiry of the withdrawal period:
19.1.By agreeing to commence the provision of the service before the expiry of the withdrawal period, the Buyer loses the right to withdraw from the contract once the service has been fully provided.
19.2.The Seller must have the Buyer's express consent to commence the provision of the service prior to the expiration of the withdrawal period and a statement that the Consumer has been duly instructed in accordance with clause 19.1 of Article VIII, of these GTC.
20.The Consumer, pursuant to Article 10(2) of Act No. 102/2014 Coll., as amended, is entitled to refuse to return the goods acquired by him/her under a contract concluded during or in connection with a sales promotion to the Seller until the Seller has refunded to the Consumer the price paid or the advance payment for the goods or service.
X. Final Provisions
1.The Seller reserves the right to change the General Terms and Conditions. The obligation of written notification of the change of the General Terms and Conditions shall be fulfilled by placing it on the Seller's Website. 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 time of conclusion of the Purchase and Sale Agreement, until its termination.
2.Contractual relations (as well as other legal relations that may arise from the contractual relationship) with natural persons who, when concluding a sales contract under these GTC, are not acting within the scope of their business activity /consumers/, are subject to the general provisions of Act No.40, in addition to/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.
3.These General Terms and Conditions form an integral part of the Complaints Policy and the Privacy Policy and Privacy Notice of this Website. The documents - the Complaints Policy and the Privacy Policy and Privacy Notice of this Website are published on the domain of the Seller's Website.
4.These General Terms and Conditions shall come into force and effect upon their posting on the Seller's Web Site 01.02.2023