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Terms and Conditions

Terms and Conditions of www.venev.sk

Art. I

Introductory Provisions

  1. These terms and conditions apply to purchase contracts concluded remotely via the online store at www.venev.sk (hereinafter also referred to as the "Online Store"), and by submitting an order, the Buyer confirms that they have read these terms and conditions and complaints policy and fully understood their content.
  2. These terms and conditions and complaints policy are an integral part of the purchase contract and are binding on both contracting parties.
  3. A purchase contract concluded remotely means a contract concluded between the Seller and the Buyer who is a consumer, for the mail-order sale of goods and services exclusively through means of communication, in particular the internet, telephone and electronic mail (hereinafter referred to as the "Purchase Contract").
  4. The Purchase Contract is governed primarily by the relevant provisions of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the seller's business premises and on amendments to certain acts (hereinafter referred to as the "Act"), Act No. 40/1964 Coll. the Civil Code as amended, and these terms and conditions governing the details of their conclusion and implementation.
  5. The Seller is Venev s.r.o., with registered office at Doležalova 15C, 82104, Bratislava, Slovakia, Company ID: 54467519, Tax ID: 2121684961, VAT ID: SK2121684961, registered in the Commercial Register of the District Court Bratislava, Section: Sro, Insert No. 159251/B (hereinafter referred to as the "Seller"), who is also the operator of the website www.venev.sk (hereinafter referred to as the "Website") as well as the Online Store.
  6. The Seller's contact details in relation to the Online Store are:
  7. a) contact phone number: +421950441334 on working days between 09:00 and 16:00
  8. b) e-mail: info@venev.sk
  9. c) bank details:

Tatra banka a.s.

IBAN: SK10 1100 0000 0029 4012 4838

SWIFT(BIC):TATRSKBX

**When entering the account number and other details, please be vigilant, as in the event of incorrect completion, your goods will not be able to be dispatched to you!

  1. The Seller is authorised to sell services (which includes communication with the Buyer, invoicing, sending the service, etc.) through (using) the Online Store.
  1. The Buyer means a user of the Website, or any visitor to the Website who has submitted an order through the Online Store (hereinafter referred to as the "Buyer"). The Buyer acknowledges electronic communication with the Seller primarily through the Online Store, telephone and e-mail communication.
  2. A service is any product published on the Online Store.
  3. The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region (Prievozská 1325/32, 821 05, Bratislava), Department of Supervision, tel. 032/640 01 09.

Art. II

Product Information and Pricing

  1. The colour representation of goods may not exactly correspond to reality due to inaccuracies in computer display units.
  2. The price of goods listed in the Online Store catalogue is final. The price does not include costs associated with delivery and transport of goods or other optional services. Costs associated with delivery of goods and costs for other optional services are indicated when placing an order and are automatically added to the purchase price of the goods. The Seller is a VAT payer.
  3. All promotions are valid while stocks last, unless otherwise stated for a specific product, or until the expiry of the promotion period.

Art. III

Ordering Goods

  1. By submitting an order, the Buyer confirms acceptance of the price of the goods, the terms and conditions and the complaints policy of the Online Store.
  2. After submitting the order, the Buyer will receive a confirmation e-mail to the e-mail address provided when ordering, by which the Seller confirms that the order has been accepted for processing. All further information and documents regarding the order will be sent to the specified e-mail address, in particular: the Buyer's billing details, the delivery address, the specification of the goods, the quantity of goods ordered and the final price of the goods.
  3. Before confirming the order, the total price of the ordered goods and the estimated delivery date will be determined.
  4. Before finally submitting the order, the Seller recommends that the Buyer take the opportunity to carry out a thorough check of the entire order and carefully read these terms and conditions and complaints policy.

Art. IV

Method of Concluding the Purchase Contract

  1. The Purchase Contract is concluded by the Seller's binding acceptance of the Buyer's proposal to conclude a purchase contract in the form of:
  2. a) an e-mail message from the Buyer sent to the Seller at info@venev.sk,
  3. b) a form completed and submitted by the Buyer on the Seller's Online Store,
  4. c) a telephone order.
  5. Binding acceptance of the order is the Seller's e-mail/telephone confirmation to the Buyer of the acceptance of the order after prior receipt of the order and after verifying the availability and delivery date of the goods requested by the Buyer, designated for example as "order confirmation". The automatically generated Order Receipt Notification, which the Buyer receives at their e-mail address immediately after submitting their order, is not considered a binding acceptance of the order; this Notification is for informational purposes only to notify the Buyer that their order has been received.
  6. The binding acceptance of the order contains details of the name and specification of the goods whose sale is the subject of the purchase contract, as well as details of the price of the goods and/or other services, the name and details of the Buyer, or the address where the goods are to be delivered, the method of transporting the goods to the agreed delivery location for the Buyer, details of the Seller, and possibly other details.
  1. The Purchase Contract may only be changed, cancelled or supplemented by mutual agreement between the Buyer and the Seller, unless the law or other generally binding legal regulation provides otherwise.
  2. All further information regarding the Buyer's order may be sent to the Buyer's e-mail address if necessary.

Art. V

Obligations of the Contracting Parties

The Seller undertakes to deliver:

  1. The type and quantity of goods at the purchase price and under the payment conditions applicable on the date of order submission, except in the case of obvious errors, or in the event of a significant change in the price of the goods or unavailability of the goods.
  1. Goods that will be suitably packaged to prevent damage during transport.
  1. Documents to the Buyer in written or electronic form necessary for the acceptance and use of the goods.

The Seller is not responsible for:

  1. Delayed delivery of goods caused by an incorrectly stated recipient address.
  2. Possible non-delivery of goods that occurred as a result of unforeseeable obstacles.

The Buyer undertakes to:

  1. Accept the ordered goods, check the integrity of the packaging and, in the event of any defects, report them without delay.
  2. Pay the purchase price for the goods in the amount and in accordance with the payment conditions applicable on the date of order submission.
  3. Not damage the good commercial reputation of the Seller.

Art. VI

Withdrawal from the Purchase Contract

  1. The Buyer is entitled to withdraw from the contract without stating a reason in accordance with Act No. 102/2014 Coll. within 14 days of receiving the goods. If goods were delivered separately within a single order, the withdrawal period begins from the moment the goods delivered last are received. Given that the goods are cosmetic products, the Buyer has the right to withdraw from the purchase contract without stating a reason only if the packaging of the cosmetic product has not been broken.
  2. In accordance with § 7 para. 6 of Act No. 102/2014 Coll., the Buyer may not withdraw from a contract whose subject matter is:
  3. a) the sale of goods enclosed in protective packaging that is not suitable for return for reasons of health protection or hygiene and whose protective packaging was broken after delivery,
  4. b) the sale of goods manufactured according to the consumer's specific requirements, custom-made goods or goods intended specifically for one consumer (bespoke goods),
  5. c) the sale of goods subject to rapid deterioration in quality or spoilage,
  6. d) the performance of urgent repairs or maintenance that the consumer has expressly requested from the seller,
  7. e) the provision of electronic content other than on a tangible medium, if its provision began with the consumer's explicit consent and the consumer declared that they had been duly informed that by expressing this consent they lose the right to withdraw from the contract,
  8. f) the sale of periodicals, with the exception of sale based on a subscription agreement, and the sale of books not supplied in protective packaging,
  9. g) the sale of audio recordings, video recordings, audiovisual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging.
  10. The Buyer has the right, after receiving the goods within the withdrawal period, to unpack the goods to ascertain their properties and functionality, but does not have the right to begin using the goods and return them to the Seller after a few days. Goods used even to a lesser extent than is sufficient for testing cannot be returned, unless the Seller decides otherwise in a specific case; in such a case the Buyer is responsible for any reduction in

the value of the goods that arose as a result of handling the goods in a manner beyond what is necessary to ascertain the properties and functionality of the goods. In connection with the condition set out in the preceding sentence, only goods that:

  1. a) are in their original condition,
  2. b) show no signs of use or wear,
  3. c) are undamaged,
  4. d) are complete (including accessories, instructions, etc.).
  5. The Buyer is obliged to exercise the right to withdraw from the contract in writing, in paper form or in electronic form to the Seller's e-mail address, or by sending a completed form that is available on the Seller's Website. The withdrawal period is deemed to have been observed if the notice of withdrawal from the contract was sent no later than the last day of the period.
  6. The Buyer is obliged to return the goods to the Seller's address no later than within 14 days of withdrawing from the contract. We recommend that the Buyer make a copy of the tax document (invoice) for their own use and send the goods by registered and insured post. It is not advisable to send goods by cash on delivery; such goods will not be accepted.
  7. The Buyer is obliged to enclose in the package the tax document (invoice), with complete accessories, documentation, packaging, etc. that was delivered to them. The return period is deemed to have been observed if the goods were handed over for transport no later than the last day of the period.
  8. The costs associated with the return of goods are borne by the Buyer. According to available information, the estimated cost depends on the size and weight of the goods, the distance from which the return is made, and the prices at which the carrier selected by the Buyer provides its services, and is estimated at from EUR 5.00 excluding VAT.
  9. The Seller undertakes to refund the purchase price no later than within 14 days. Payment will be made using the same method that the Buyer used for payment, unless another payment method was agreed. Payment for the purchased goods will be made only after the returned goods have been delivered back to the Seller's address, or after the submission of a document proving that the goods have been sent back, whichever occurs first. In the event of an unjustified withdrawal from the contract, the goods will be returned at the Buyer's expense.
  10. Failure to collect a shipment that the Buyer ordered cannot, according to the law, be considered a valid withdrawal from the contract. The Seller has the right to claim from the Buyer compensation for all costs associated with the non-collection of the ordered shipment. All disputes will be resolved through the courts, in accordance with the legal regulations applicable in the territory of the Slovak Republic. This is without prejudice to the Seller's right to a contractual penalty.
  11. If the Buyer fails to fulfil any of their above-mentioned obligations under these terms and conditions, the withdrawal from the contract is not valid and effective, and the Seller is not obliged to return all demonstrable payments under these terms and conditions to the Buyer, and is also entitled to claim reimbursement of the costs associated with sending the goods back to the Buyer.

Art. VII

Order Cancellation

  1. The Buyer may cancel an order that has not yet been processed, no later than on the day the order was submitted, by sending a request to info@venev.sk. The Seller does not charge any fees for order cancellation pursuant to the preceding sentence. If the purchase price has been paid, the Seller will refund the paid purchase price to the Buyer within 14 days by bank transfer to the account from which the purchase price was paid.
  2. The Seller has the right to cancel an order due to stock depletion or unavailability of goods. The Seller will notify the Buyer of the order cancellation without delay by e-mail. If the Buyer has paid the purchase price or part thereof, it will be refunded within 14 days by bank transfer to the account from which the purchase price was paid.

Art. VIII

Payment Terms

  1. The Online Store offers the following payment options:
  1. a) Cash on Delivery - The most common payment method, where the Buyer pays for the order directly to the courier.
  2. b) Bank Transfer/Deposit to the Seller's bank account - Payment by deposit/transfer to the Seller's bank account; the order number serves as the variable symbol.
  3. c) Payment via PayPal - Payment made electronically through a secure payment gateway with the option of payment by credit or debit card.
  4. d) Payment via Stripe - Payment made electronically through a secure payment gateway with the option of payment by VISA, VISA Electron, MasterCard, Maestro, Diners Club

International payment cards. Stripe complies with worldwide standards and meets the strictest security requirements of MasterCard SecureCode and Verified by VISA.

  1. The delivery cost for goods ordered within a single order is independent of the number of items ordered.
  2. The purchase price cannot be paid with any vouchers or cheques issued by any legal entity.
  3. The tax document (invoice) is sent to the Buyer's e-mail address or will be enclosed in the goods packaging upon delivery.
  4. By submitting the order, the Buyer also gives consent to receiving invoices electronically. The electronic invoices sent are in PDF format, secured against modification of their content, and comply with all requirements for a tax document.
  5. The goods remain the property of the Seller until full payment and collection; however, the risk of damage to the goods passes to the Buyer upon collection of the goods.

Art. IX

Delivery Terms

  1. The delivery period begins on the day the order is placed in the case of payment by cash on delivery or payment gateway, or on the day payment is received in the bank account.
  2. The usual availability of goods may change and the Seller does not guarantee the immediate availability of the goods offered.
  3. Unless otherwise agreed, the Seller undertakes to deliver the goods to the Buyer without undue delay within 3 working days, at the latest within 30 working days of placing the order, unless a longer delivery period was stated for the goods. If the goods are in stock, they will be dispatched as soon as possible. Goods are delivered on working days between 08:00 and 18:00.
  4. Delivery periods are extended in the event of unexpected circumstances beyond the Seller's control, such as unexpected acts of force majeure, strikes and other obstacles that cannot be influenced by the Seller.
  5. If an order contains multiple items and some of them are not in stock, the Seller will inform the Buyer with options for partial deliveries. This also applies if the order contains only one item.
  6. The Buyer is obliged, immediately upon delivery of the shipment with the goods, to fully unpack the goods and ascertain whether they are mechanically damaged. In the event of mechanical damage or incomplete shipment, the Buyer undertakes to notify the Seller without delay by e-mail or telephone and to draw up a so-called damage report with the carrier.
  7. The Buyer is obliged to cooperate for the smooth acceptance of the goods. If the Buyer fails to do so and the goods are returned to the Seller at the Seller's expense due to repeated failure to reach the Buyer, the Seller is entitled to claim from the Buyer compensation for the actual costs of the unsuccessful delivery attempt.
  8. The Buyer is obliged to accept the goods at the place and time agreed between the Seller or its representative authorised to deliver the goods and the Buyer in the purchase contract or otherwise prior to delivery of the goods.
  9. Goods are delivered within the territory of the Slovak Republic, the Czech Republic and within Europe.

Art. X

Complaints Procedure

  1. The Buyer files a complaint in writing by post to the Seller's address or by electronic mail to the e-mail address info@venev.sk within the statutory warranty period, which is 24 months, unless the law specifies a different warranty period or unless otherwise agreed, and begins to run from the acceptance of the goods by the Buyer. The Buyer is also obliged to complete the complaints form located at the end of these Terms and Conditions.
  2. When filing a complaint, the Buyer is obliged to send the Seller the original tax document (invoice) together with the claimed goods. The Seller will not accept claimed goods sent by the Buyer via cash on delivery. The goods must be suitably packaged to prevent damage during transport, and we recommend sending the goods by registered and insured post.
  3. When filing a complaint, the Buyer is obliged to truthfully provide all required information, in particular to precisely identify the type and extent of the defect in the goods. The Buyer is obliged to clearly photograph these defects and send them to the e-mail address stated above.
  4. The Seller is responsible for defects found on the goods sold at the time of acceptance by the Buyer and for defects that arise after acceptance and use of the goods during the warranty period.
  5. The Seller is not responsible for defects caused in particular by the following use: mechanical damage, an unavoidable event (natural disaster, improper handling), in conflict with the instructions for use and the usual method of use, in special cases, if it follows from the nature of the item, also by the intervention of an unauthorised person, including the user, or other unprofessional intervention, use of the goods in conditions that do not correspond in terms of humidity, chemical and mechanical influences to the natural environment of the goods, neglect of care and maintenance of the goods (downloadable: Instructions and Maintenance Guidelines), damage to the goods by excessive loading, use of the goods contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations, or other breach of warranty conditions.
  6. The Seller will determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of filing the complaint, and in justified cases, particularly where a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of filing the complaint, and will subsequently handle the complaint within a period that must not exceed 30 days from the filing of the complaint. The Buyer will be notified of the resolution of the complaint by telephone, in writing or by electronic mail. Handling of the complaint takes a maximum of 30 days from the date of delivery of the claimed goods to the Seller, unless otherwise agreed.
  7. In the case of a complaint filed within 12 months of the purchase of the product, the Seller may only resolve the complaint by rejection on the basis of an expert assessment. If the Seller rejects a complaint filed after 12 months of the purchase of the product, the Seller is obliged to inform the Buyer as to whom the product may be sent for expert assessment. For the purpose of handling complaints, expert assessment means, inter alia, the opinion of an authorised person or a person authorised by the manufacturer to perform warranty repairs. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other purposefully incurred related costs, are borne by the Seller regardless of the outcome of the expert assessment.
  8. If the defect is one that can be remedied, the Buyer has the right to have it remedied free of charge, in a timely and proper manner. The method of remedying the defect is decided by the Seller and the Seller is obliged to remedy the defect without undue delay. If the defect cannot be remedied and prevents the item from being used properly as a defect-free item, the Buyer has the right to have the item replaced or has the right to withdraw from the Purchase Contract. The Buyer has the same rights if the defects are remediable, but the Buyer cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. A defect is considered to have recurred after repair if the same defect that was remedied at least twice during the warranty period recurs again. A greater number of defects means when the goods have at least three remediable defects at the same time, each of which prevents the proper use of the goods. Instead of having the defect remedied, the Buyer may request replacement of the Goods, or, if the defect concerns only a component of the Goods, replacement of that component, unless this causes the Seller disproportionate costs in view of the price of the Goods or the seriousness of the defect. If the defect is irremediable but does not prevent the proper use of the goods, the Buyer has the right to an appropriate discount on the price of the Goods.
  9. If the Buyer has the right to exchange the Goods or the right to withdraw from the contract, it is up to the Buyer which of these rights they exercise. However, once they have chosen one of these rights, they cannot unilaterally change this choice.
  10. The Seller is obliged to handle the complaint and conclude the complaints procedure in one of the following ways: a) by handing over the repaired goods, b) by replacing the goods, c) by refunding the purchase price of the goods, d) by paying an appropriate discount on the price of the goods, e) by written request to accept the performance determined by the Seller, f) by a reasoned rejection of the complaint about the goods.

Art. XI

Protection and Processing of Personal Data

  1. The Seller processes the Buyer's personal data exclusively for the purpose of registering the Buyer in the Online Store, for the purpose of receiving newsletters, processing Cookies and concluding the Purchase Contract, and for fulfilling its obligations towards the Buyer arising from the Purchase Contract pursuant to the new Act No. 18/2018 Coll. on the protection of personal data and on amendments to certain acts, in particular when issuing an invoice/tax document, contacting the Buyer in connection with processing their order, delivering the ordered goods by the delivery company, handling any complaints, necessary communication between the parties and registration in the Online Store.
  2. The Seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contravene the Personal Data Protection Act or other generally binding legal regulations and will not circumvent them. The Seller declares that it will not force the consent of the data subject; it is based solely on the voluntary nature of the Buyer.
  3. The Seller processes the Buyer's personal data to the extent of: first name, surname, e-mail address, billing address/delivery address, postcode and contact telephone number.
  4. The Buyer grants the Seller this consent to processing for a period of no more than 3 years, with the exception for the purpose of registration, where the Buyer grants consent for the duration of the use of the user account, thereafter for a maximum of 3 years. The Buyer may withdraw consent to the processing of personal data at any time in writing, verbally by telephone or electronically. Upon receipt of the withdrawal of consent to the processing of personal data, the Seller will ensure the blocking and disposal of the personal data that was the subject of processing without undue delay.
  5. The Seller does not provide, publish or make available the Buyer's personal data to any other entities, with the exception of the delivery service, the company operating the payment gateway and the bank, whose cooperation is necessary for the proper fulfilment of the order.
  6. The Buyer may request the change, correction, restriction of processing, disposal, erasure or information about their personal data, or may object to processing, in writing or by electronic mail at info@venev.sk.
  7. The Online Store uses cookies, which are small text files that may be sent to the browser when visiting the Operator's Website and stored in the Buyer's device (computer or other device with internet access, such as a smartphone or tablet). Cookies usually contain the name of the Website from which they originate, their validity and value. Upon the next visit to the Website, the browser reloads the cookies and sends this information back to the Website that originally created the cookies. The "cookies" used on the Website do not damage any of the Buyer's devices. In the event of a visit to the Website and if the Buyer has voluntarily given consent to cookies, this is considered acceptance of the conditions of their use.
  8. The Seller undertakes to use cookies exclusively for the purpose of improving services and improving the structure and content of the Website.

Article XII.
Resolution of Consumer Disputes through the European ODR Platform

In the event that the customer is not satisfied with the manner in which the seller handled their complaint, or considers that the seller has violated their rights, the customer has the right to contact the seller with a request for remedy. If the seller responds negatively to the customer's request pursuant to the preceding sentence, or does not respond to such a request within 30 days of the date it was sent by the customer, the customer has the right to submit a proposal to initiate alternative dispute resolution pursuant to § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain acts. Likewise, the Seller's claims against the Buyer may be asserted through the European platform. The competent body for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection or another competent authorised 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/); the customer has the right to choose which of the above-mentioned alternative dispute resolution entities to contact. The customer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative resolution of their consumer dispute.

Art. XIII

Contractual Penalty

  1. The Seller reserves the right to impose a contractual penalty on the Buyer in the amount of 10% of the price, but a minimum of EUR 5.00, in the event that a purchase contract was concluded, which the Buyer did not cancel or withdraw from, and the goods were not collected and were thus returned to the Seller, or the Buyer was invited by the Seller to collect the goods but did not collect them.
  2. This contractual penalty does not include transport costs or other costs of the Seller related to non-fulfilment of the purchase contract.
  3. Payment of the contractual penalty does not relieve the Buyer of the obligation to pay the agreed purchase price, unless otherwise agreed with the Seller.
  4. All disputes will be resolved through the courts, in accordance with the legal regulations applicable in the territory of the Slovak Republic.

Article XV.
Final Provisions

  1. The Seller reserves the right to change and supplement these terms and conditions and complaints policy without prior notice to the Buyer. In the event of a change to the terms and conditions or complaints policy, the entire purchase process is governed by the terms and conditions that were valid at the time the Buyer submitted the order, and these are accessible on the Seller's website.
  2. An integral part of these terms and conditions is also the complaints procedure.
  3. By submitting the order, the Buyer has read the terms and conditions as well as the complaints policy and understood their content.
  4. These terms and conditions, including their integral parts, enter into force and effect on 1 June 2022.
  5. These terms and conditions and complaints policy enter into force with respect to the Buyer upon conclusion of the purchase contract.