Business conditions
General business conditions
Online store luxory.sk
I. Merchant identification
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company
Trade name: LUXORY - time for flowers with. r. o.
Registered office: Záhradná 1804/68, Most pri Bratislava 900 46, Slovak RepublicRegistered in the Commercial Register of the Municipal Court Bratislava III, Division Sro, Insert number 176848/BIČO: 56110651
VAT number: 2122226579 Bank account: SK54 1100 0000 0029 4316 9652
The seller is not a VAT payer
(hereinafter also "Seller" or "Merchant") and any person who is a Buyer of products offered by the Seller on the Seller's Website, and who acts as a consumer in the sense of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the framework of applicable legislation of the Slovak Republic, especially laws: Law no. 108/2024 Coll. on consumer protection and on amendments to certain laws as amended, Act no. 40/1964 Coll. Civil Code as amended.
1.2. Email contact and telephone contact for the Seller is:
Email: kvety@luxory.sk
Tel. no.: + 421918899963
1.3 The address for sending documents, complaints, and withdrawals from contracts is:
LUXORY - time for flowers with. r. o., Záhradná 1804/68, Most pri Bratislava 900 46, Slovak Republic
II. Definition of terms
2.1. For the purposes of these general terms and conditions, the Merchant in accordance with Act No. 108/2024 Coll. as amended, states and defines the following terms:
2.2. A contract concluded at a distance is a contract between a merchant and a consumer agreed upon and concluded exclusively through one or more means of remote communication without the simultaneous physical presence of the merchant and the consumer, in particular by using an online interface, electronic mail, telephone, fax, mailing list or offer catalog
2.3. Merchant (hereinafter referred to as "Seller") is a person who, in connection with a consumer contract, an obligation arising from it, or in business practice, acts within the framework of his business activity or profession, including through another person who acts on his behalf or on her account.
2.4. A consumer is a natural person who, in connection with the consumer contract, the obligation arising from it or in business practice, does not act within the scope of his business activity or profession.
2.5. A consumer contract is any contract, regardless of the legal form, concluded by a trader with a consumer.
2.6. The term Internet store is identical to the term Electronic store and the term Web site.
2.7. The buyer is any person (natural person or legal entity) who sent the order mainly by using the Seller's website, or by other means of remote communication.
2.8. A durable medium is a means that allows the consumer or trader to store information addressed to the consumer or trader for a period of time that corresponds to the purpose that this information fulfills and in a way that allows its unchanged reproduction and use in the future, in particular a document, e-mail, USB key, CD, DVD, memory card and computer hard drive.
2.9. The product is mainly goods, services, and digital content.
2.10. The service is mainly any activity or performance that is offered or provided to the consumer.
2.11. Goods are any tangible movable thing.
2.12. Under normal circumstances, live flowers are goods that are subject to rapid deterioration and deterioration.
III. Basic provisions
3.1. These General Terms and Conditions govern the legal relations between Buyers who are consumers and the Merchant.
3.2. The provisions of Act No. 513/1991 Coll. Commercial Code as amended.
IV. Ordering a product - concluding a purchase contract
4.1. The proposal for the conclusion of a purchase contract by the Buyer is the sending of the product order by the Buyer mainly using the Merchant's website or other means of remote communication.
4.2. The conclusion of the purchase contract between the Buyer and the Merchant occurs at the moment of delivery of the confirmation of receipt of the order to the Buyer, which was created by the Buyer in the sense of point 4.1. of these GTCs by the Merchant (electronically to the Buyer's email address chosen by the Buyer in the order creation process).
V. Duration of the purchase contract
5.1. The purchase contract is concluded for a fixed period of time and expires in particular upon fulfillment of all obligations of the Seller and the Buyer. And this, in particular, by delivery and payment of the products in the sense of the concluded purchase contract. This provision does not affect the rights of the Buyer in the sense of legal responsibility for product defects on the part of the Merchant.
VI. Purchase price information about the purchase price
6.1. The price of products ordered through the Seller's website (hereinafter referred to as the "purchase price") is listed separately for each product and is valid at the moment the order is created by the Buyer.
6.2. The purchase price of the products listed on the Seller's website is the total price of the products including all taxes, which is clearly indicated on the Seller's website.
VII. Delivery of products
7.1. The Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract in the sense of point 4.2. and so on of these GTC and payment of the total price of the order to the Seller. In the event that both conditions listed in point 7.1 have been met. of these GTCs (i.e. if the purchase contract was concluded and the total price of the order was paid to the Seller), the Seller is obliged to deliver the products to the Buyer within 30 days at the latest from the date of fulfillment of both of these conditions.
The usual deadline for the Seller to ship the products is 1 working day from the date of payment of the total price of the order to the Seller.
VIII. Transfer of ownership
8.1. Ownership of the sold item and the risk of accidental damage, accidental deterioration, and loss of the item passes to the Buyer at the moment of delivery.
IX. Methods of payment
9.1. You can pay for products on the Seller's Website in the following ways:
9.1.1. online payment through the ShoptetPay payment gateway
9.1.2. payment by deposit or transfer to the Seller's account
X. Shipping - methods of transporting products and the price for their transportation
10.1. The purchase price of the products does not include transport costs or other costs related to the delivery of the products
10.2. Shipping methods and price for shipping ordered products:
10.2.1. Forms of Transport:
10.2.1.1. Courier service
10.2.2. Prices for Transport:
10.2.2.1. Price for transport via courier service - price 3.99 EUR
XI. Withdrawal of the Buyer from the purchase contract without giving a reason
11.1. The consumer has the right to withdraw from the contract concluded at a distance and from the contract concluded outside the merchant's premises even without giving a reason within the period according to Art. XII point. 12.1 to 12.3 of these GTC, except for the contract, the subject of which is:
11.2. Provision of the service, if the service has been fully provided and the provision of the service began before the expiration of the period for withdrawing from the contract with the express consent of the consumer and the consumer declared that he was properly informed that by expressing consent he loses the right to withdraw from the contract after the full provision of the service if according to the contract the consumer is obliged to pay the price,
11.3. Delivery or provision of a product, the price of which depends on price movements on the financial market, which the merchant cannot influence and which may occur during the withdrawal period,
11.4. Delivery of goods manufactured according to the consumer's specifications or goods made to measure,
11.5. Delivery of goods that are subject to rapid deterioration or deterioration,
11.6. Delivery of goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons, if the protective packaging was broken after delivery,
11.7. Delivery of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
11.8. Delivery of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the merchant cannot influence,
11.9.Performing urgent repairs or maintenance during a visit to the consumer, for which the consumer has expressly requested the trader; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, and to a contract whose subject is the delivery of goods other than a spare part necessary to carry out repair or maintenance, if the contracts were concluded during the trader's visit to the consumer and the consumer bought these goods or did not order the services in advance,
11.10. Delivery of audio recordings, video recordings, audio-visual recordings, or software in a protective packaging that was damaged after delivery,
11.11. Delivery of periodicals in addition to its delivery based on a subscription contract,
11.12. Goods purchased at a public auction,
11.13. Provision of accommodation services for a purpose other than housing, transport of goods, rental of cars, provision of catering services, or provision of services related to leisure activities, if according to the contract, the trader is to provide these services at a precisely agreed time or within a precisely agreed period,
11.14. Delivery of digital content, which the trader delivers in a different way than on a material carrier if the delivery of digital content has begun and the consumer has given explicit consent to the start of delivery of digital content before the expiry of the withdrawal period, he has declared that he has been properly informed that by expressing his consent loses the right to withdraw from the contract by starting the delivery of digital content, and the merchant has provided the consumer with confirmation under § 17 par. 12 letters b) or par. 13 letters b) Act no. 108/2024 Coll. on the protection of the consumer and on the amendment of certain laws as amended, if the consumer is obliged to pay the price according to the contract.
XII. Exercising the right to withdraw from a contract concluded at a distance and a contract concluded outside the merchant's premises
12.1. The consumer may withdraw from a contract concluded at a distance or from a contract concluded outside the business premises until
a) 14 days from the date
acceptance of the goods by the consumer according to point 12.4.
conclusion of a contract, the subject of which is the provision of a service,
conclusion of a contract for the supply of water, which is not for sale in a limited volume or in a specified quantity, and a contract for the supply and removal of heat,
conclusion of a contract for the supply of digital content, which the merchant supplies other than on a physical medium,
b) 30 days from the date of conclusion of the contract in case of an unsolicited visit or in connection with it or at a sales event or in connection with it.
12.2. If the trader provided the consumer with special information regarding the instruction on the consumer's right to withdraw from the contract in the case of a contract concluded at a distance and a contract concluded outside the trader's premises only subsequently, but no later than within 12 months from the start of the period for withdrawal from the contract according to point
12.1., he may the consumer withdraw from the contract concluded at a distance or from the contract concluded outside the business premises until
a) 14 days from the day when the trader additionally fulfilled the information obligation, if it is the expiration of the period according to 12.1., letter a), or
b) 30 days from the day when the trader additionally fulfilled the information obligation, if it is the expiration of the period according to paragraph 12.1 letter b).
12.3. If the trader has not provided the consumer with specific information regarding the consumer's right to withdraw from the contract in the case of a contract concluded at a distance and a contract concluded outside the trader's premises, even according to paragraph 12.2, the consumer may withdraw from a contract concluded at a distance or from a contract concluded outside the trader's premises within 12 months from the expiry of the period according to paragraph 12.1.
12.4. The goods are considered to be taken over by the consumer at the moment when the consumer or a third party designated by him, except for 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 last piece,
c) supplies the goods repeatedly during a certain period of time, at the moment of taking over the first goods.
12.5. The consumer may withdraw from a contract concluded at a distance or from a contract concluded outside the merchant's premises, the subject of which is the delivery of goods, even before the expiry of the withdrawal period.
12.6. The consumer may exercise the right to withdraw from a contract concluded at a distance or from a contract concluded outside the merchant's premises in written form or in the form of a record on another durable medium, and if the contract was concluded verbally, any unambiguous statement is sufficient to exercise the consumer's right to withdraw from the contract formulated declaration of the consumer, which expresses the will of the consumer to withdraw from the contract (hereinafter referred to as "notice of withdrawal from the contract"). The consumer can use the sample form to withdraw from the contract.
12.7. Deadline for withdrawing from the contract according to paragraphs 12.1. until 12.3. is considered preserved if the consumer sends a notice of withdrawal from the contract to the trader no later than the last day of the deadline.
12.8. The consumer may withdraw from the contract only in relation to a specific product or products if the trader has delivered or provided several products on the basis of a distance contract or a contract concluded outside the trader's premises.
12.9. The consumer bears the burden of proof for exercising the right to withdraw from the contract.
XIII. Rights and obligations of the consumer after withdrawing from a contract concluded at a distance and a contract concluded outside the merchant's premises
13.1. The consumer is obliged within 14 days from the date of withdrawal from the contract concluded at a distance or from the contract concluded outside the business premises of the trader according to point 12.1 to send the goods back or hand over the goods to the trader or to the person designated by the trader to receive the goods; this does not apply if the merchant proposes to pick up the goods in person or through a person designated by him. The deadline according to the first sentence is considered to have been observed if the consumer sends the goods to the trader no later than the last day of the deadline.
13.2. When withdrawing from a contract concluded at a distance or from a contract concluded outside the merchant's premises according to point 12.1. the consumer bears only the costs of returning the goods to the merchant or the person designated by the merchant to receive the goods; this does not apply if the merchant agreed to bear the costs himself, or if the merchant did not fulfill the information obligation, i.e. if the merchant did not provide the consumer with specific information regarding the instruction on the consumer's right to withdraw from the contract in the case of a contract concluded at a distance and a contract concluded outside the merchant's premises
13.3. The consumer is responsible for the decrease in the value of the goods, which occurred as a result of handling the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods; this does not apply if the trader has not fulfilled the information obligation according to § 15 par. 1 letter f) Act no. 108/2024 Coll. on consumer protection and on amendments to certain laws as amended.
13.4. The consumer is obliged to pay the merchant the price for the actually provided performance by the date of delivery of the notice of withdrawal from the contract, if the consumer according to § 19 par. 1 of Act no. 108/2024 Coll. on consumer protection and on amendments and additions to certain laws, as amended, withdraws from a contract concluded at a distance or from a contract concluded outside the merchant's premises, the subject of which is the provision of a service, the supply of water that is not for sale in a limited volume or in a specified quantity, or supply of heat, and before the start of provision of performance granted express consent according to § 17 par. 10 letters c) Act no. 108/2024 Coll. on consumer protection and on amendments to certain laws as amended. The price for the performance actually provided is calculated proportionately based on the total price agreed in the contract. The price for the performance actually provided is calculated based on the market price of the performance provided, if the total price agreed in the contract is overvalued.
13.5. To the consumer from exercising the right to withdraw from a contract concluded at a distance or from a contract concluded outside the business premises according to 11.1. they do not arise apart from obligations according to points 13.1., 13.3. until 13.5. and obligations to pay additional costs according to point 14.3. no additional obligations or costs.
XIV. The trader's rights and obligations after the consumer's withdrawal from the contract concluded at a distance and from the contract concluded outside the trader's premises
14.1. The merchant is obliged to return to the consumer all payments received from him on the basis of or in connection with a contract concluded at a distance, a contract concluded outside the merchant's premises, or with a supplementary contract, including transport costs, within 14 days from the date of delivery of the notice of withdrawal from the contract, delivery, postage and other costs and fees.
14.2. The merchant is obliged to return all payments to the consumer according to paragraph point 14.1. to the extent corresponding to withdrawal from the contract, if the consumer has not withdrawn from the entire contract concluded at a distance or from the entire contract concluded outside the merchant's premises. The merchant cannot charge the consumer additional costs for shipping, delivery, postage, and other costs and fees.
14.3. The trader is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the trader. Additional costs mean the difference between the cost of the delivery chosen by the consumer and the cost of the cheapest common delivery method offered by the trader.
14.4. The trader is not obliged to return payments to the consumer according to point 14.1 when withdrawing from a contract concluded at a distance or from a contract concluded outside the trader's premises, the subject of which is the delivery of goods. before the goods are delivered to him or until the consumer proves that the goods have been sent back to the trader unless the trader suggests that he collects the goods personally or through a person designated by him.
14.5. The merchant is obliged to return the payments to the consumer according to point 14.1. in the same way that the consumer used for their payment; this does not affect the merchant's right to agree with the consumer on another method of payment if the consumer will not be charged any fees in connection with the payment.
14.6. The merchant is obliged to arrange for the collection of the goods at his own expense within the period according to paragraph 14.1., if, based on a contract concluded outside the merchant's premises, the goods were delivered to the consumer's home at the time of the conclusion of the contract and, taking into account the nature of the goods, it is not possible to send the goods back to the merchant by post.
14.7. Unilateral offsetting of merchant and consumer claims arising from withdrawal from the contract according to point 11.1 is prohibited.
14.8. The merchant cannot demand payment of costs from the consumer for
a) provision of a service, delivery of water that is not for sale in a limited volume or in a specified quantity, or for the delivery of heat during the period for withdrawing from the contract according to points 12.1. until 12.3. regardless of the scope of the performance provided, if:
the merchant did not provide the consumer with information pursuant to § 15 par. 1 letter f) or letter h) Act no. 108/2024 Coll. on consumer protection and on amendments to certain laws as amended, or
the consumer did not grant the trader explicit consent to start providing the service or supplying water or heat according to § 17 par. 10 letters c) Act no. 108/2024 Coll. on consumer protection and on amendments to certain laws as amended,
b) full or partial delivery of digital content, which the trader delivers in a different way than on a physical medium, if:
the consumer did not grant the trader explicit consent to start delivering digital content in accordance with § 17 par. 10 letters c) Act no. 108/2024 Coll. on consumer protection and on amendments to certain laws as amended,
the consumer did not declare that he was properly informed that by expressing his consent according to the first point, he loses the right to withdraw from the contract, or
the merchant did not provide the consumer with a confirmation pursuant to § 17 par. 12 letters b) or par. 13 letters b) Act no. 108/2024 Coll. on consumer protection and on amendments to certain laws as amended.
XV. Supervisory body
15.1. The competent authority supervising legality in the field of consumer protection is:
Inspectorate of the Slovak Trade Inspectorate
with headquarters in Bratislava for the Bratislava region
Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava
Department of Supervision
tel. no. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
email: ba@soi.sk
web link for submitting proposals: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
XVI. Alternative dispute resolution
16.1. In the event that the consumer is not satisfied with the manner in which the Seller handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the consumer's request according to the previous sentence or does not respond to such a request within 30 days from the day it was sent to the consumer, the consumer has the right to submit a proposal to initiate an alternative dispute resolution according to the provisions of § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws as amended. The relevant entity for the alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another relevant authorized legal entity entered in the list of entities of the alternative resolution of disputes led 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 consumer has the right to choose which of the listed alternative dispute resolution entities to turn to. To submit a proposal for an alternative resolution of his consumer dispute, the consumer can use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/, or directly on the website https:// 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 refers only to a dispute between the consumer and the Seller, resulting from the consumer contract or related to the consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. The subject of alternative dispute resolution can reject the proposal if the quantifiable value of the dispute does not exceed the amount of 20 euros. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.
All other information regarding the alternative resolution of disputes between the Seller and the Buyer-consumer arising from the Purchase Agreement as a consumer agreement or related to the Purchase Agreement as a consumer agreement is provided on the website of the Ministry of Economy of the Slovak Republic at www.mhsr.sk and in Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws as amended.
XVII. Additional provisions
17.1. The seller will not conclude a purchase contract or sell, mediate, or supply alcoholic beverages/products/, tobacco products and other products to persons (Buyers) who were under 18 years of age at the time of the conclusion of the purchase and sale contract, and whose sale is to persons younger than 18 years prohibited, in accordance with and in accordance with the valid and effective legal regulations of the Slovak Republic. Following the above, the Seller verifies the fulfillment of the Buyer's 18-year-old condition by checking the age through the Buyer's identity document /citizenship card or passport/, when handing over the order to the Buyer. The Seller will carry out the aforementioned through an authorized person who is to deliver the order to the Buyer. If the Buyer has not reached the age of 18, or if the Buyer does not prove or refuses to prove his age, the Seller will not deliver the order to the Buyer and the purchase contract will expire.
XVIII. Information about accepted codes
18.1. The Merchant informs consumers that there are no special relevant codes of conduct to which the Seller has undertaken to comply, whereby the code of conduct is understood as an agreement or a set of rules that define the behavior of the Seller, who has undertaken to comply with this code of conduct in relation to one or to several special business practices or business sectors if these are not established by law, or by another legal regulation or measure of a public administration body, which the Seller has undertaken to comply with, and on the way in which the consumer can become familiar with them or obtain their wording.
XIX. Evaluation of products by consumers
19.1. The merchant does not control and limit the evaluation of products only to persons who have purchased the product from the merchant.
XX. Final Provisions
20.1. The seller reserves the right to change the General Terms and Conditions. The obligation of written notification of changes to the General Terms and Conditions is fulfilled by placing it on the Seller's website. In the event of a change in the General Business Terms and Conditions, the relationship between the Buyer and the Seller is governed by the General Business Terms and Conditions valid and effective at the conclusion of the Purchase and Sale Agreement, until the moment of its termination.
20.2. These General Terms and Conditions form an integral part of the Complaints Procedure and the Principles and instructions on the protection of personal data of this Website. Documents - Complaints Procedure and Principles and instructions on the protection of personal data of this Website are published on the domain of the Seller's Website.
20.3. These General Terms and Conditions become valid and effective upon their publication on the Seller's website on 01.10.2024
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