1. These General Terms and Conditions (hereinafter also “GTC”) govern the legal relations between:
Business name: WIKKED, družstvo
Registered seat: Komárovce 23, 044 55 Komárovce, Slovak Republic
Registered in the Register of the District Court of Košice I, Section Sro, File No. 47509 / V)
Company number (IČO): 54770670
Tax number (DIČ): 2121784577
VAT number: SK2121784577
Bank account: SK08 0900 0000 0051 9400 6576
The seller is a VAT payer / Value added tax /
(hereinafter the “Seller”) and any person who is a Buyer of goods or services offered by the Seller on the Seller’s Website and who acts as a consumer in accordance with other provisions of these General Terms and Conditions and applicable laws defining the consumer, within the applicable Slovak legislation of the Republic, in particular the laws from: Act no. 102/2014 Coll. on consumer protection for the sale of goods or provision of services on the basis of a contract concluded remotely or a contract concluded outside the premises of the Seller, as amended, Act no. 250/2007 Coll. on consumer protection as amended, Act no. 22/2004 Coll. on electronic commerce as amended, Act no. 40/1964 Z.z. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection, as amended.
1.1. Email contact and telephone contact to the Seller is:
Email:
Tel. No.: +421 904 226 747
1.1.1. Address for sending documents, complaints, withdrawals from contracts, etc. is:
WIKKED, družstvo, Komárovce 23, 044 55 Komárovce, Slovak Republic
1.2. These General Terms and Conditions govern the legal relations between the Buyers, who are consumers and the Seller.
1.3. The term e-shop is identical to the term Electronic shop and the term Website.
2. The Buyer is any person (natural or legal entity) who has issued an order via an electronic form using the Seller’s website, or other means of remote communication.
2.1. The consumer is the Buyer, who is a natural person and who, when concluding the purchase contract through the Seller’s Website, does not act within the scope of his business activities.
2.2. For contractual relations (as well as other legal relations that may result from the contractual relationship) with the Buyers, who act in the position of legal entities, resp. with natural persons – entrepreneurs who act within the scope of their business activities / Buyers who do not act as consumers / the provisions of Act no. 513/1991 Coll. Commercial Code as amended.
2.3. For the purposes of these General Terms and Conditions, a remote contract means an agreement agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, in particular by using a website or other means of remote communication.
2.4. The term Purchase Agreement includes a purchase and sale contract, a contract for the provision of a service and a contract for the provision of electronic content not supplied on a tangible medium.
3. Products (hereinafter also “Goods”) are goods/services that are intended for sale and are also published on the Seller’s Website.
3.1. The goods also include electronic content not supplied in a tangible medium.
4. The seller is also the operator of an electronic system through which he operates a website on a domain called www.niccos.eu
5. The competent authority supervising the lawfulness of consumer protection is:
Inspectorate of the Slovak Trade Inspection
based in Košice for the Košice region
Vrátna 3, P. O. BOX A-35, 040 65 Košice 1
Supervision Department
tel. no. 055/729 07 05, 055/622 76 55
fax no. 055/622 46 95
email:
web link for submission of complaints:
https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
6. Complaints or suggestions may also be addressed by the Buyer directly to the Seller at the address specified in Art. I, point. 1.1.1. of these GTC. The Seller also recommends that the Buyer address complaints and suggestions (due to the acceleration of equipment) to the Seller via the Seller’s email address:
Any complaint will be assessed and processed by the Seller within 10 working days of its receipt. The Seller informs the Buyer of a resolution in the same form the Buyer used to deliver the complaint to the Seller.
7. Pursuant to §3, par. 1, letter n), Act no. 102/2014 Coll. The Seller informs the consumer that there are no special codes of conduct to which the Seller has committed itself to complying, where the Code of Conduct means an agreement or set of rules defining the Seller’s conduct to which it has undertaken to comply with in relation to one or more special commercial practices, or commercial sectors, if these are not stipulated by law or other legal regulation or measure of a public administration body, which the Seller has undertaken to comply with, and the way in which the consumer may be acquainted with them or obtain their wording.
8. The Seller shall not enter into a sales contract or sell, broker or deliver alcoholic beverages / products /, tobacco products and other products to persons (Buyers) who at the time of concluding a sales contract have not reached the age of 18 in the sense and in accordance with valid and effective legal regulations of the Slovak Republic and other states to which the Seller delivers products. In connection with the above, the Seller verifies the fulfilment of the condition of reaching the age of 18 of the Buyer, by checking the age by means of the Buyer’s identity document / ID card or passport /, when handing over the order to the Buyer. The said Seller will execute through the 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 provide the order to the Buyer and the purchase contract will expire.
1. A proposal for the conclusion of a purchase contract by the Buyer is executed by placing an order for products offered by the Buyer via an electronic order form, using the Seller’s website, or other means of remote communication.
2. The conclusion of the purchase contract between the Buyer and the Seller occurs at the moment of delivery of the confirmation receipt of the order to the Buyer, which the Buyer has created in accordance with Art. II., Point 1 of these GTC by the Seller, (electronically to the email address of the Buyer, which the Buyer chose in the process of creating the order).
2.1. In the event that the Buyer chooses to conduct an online payment by card, payment by transfer to the Seller’s account, or other form of payment via payment gateway 24, the Purchase Agreement is concluded when the following two conditions are met at the same time, namely:
2.1.1. Crediting the total price of the order to the Seller’s account.
2.1.2. By confirming the Buyer’s order by the Seller in accordance with Art. II, point. 2 of these GTC.
2.1.3. If both conditions set out in points 2.1.1 and 2.1.2. Art. II of these GTC have been met, the Purchase Agreement is concluded at the moment in which the latter of the two conditions was fulfilled.
3. The purchase contract is concluded within a defined period of time and concludes in particular by the completion of all obligations of the Seller and the Buyer.
3.1. The purchase contract may also terminate in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer, or non-payment of the order price by the due date.
4. The Seller informs the Buyer that in the case of ordering products by the Buyer, the order is associated with the obligation to pay the Seller, in the form of payment chosen by the Buyer.
1. The price of goods and services ordered through the Seller’s Website (hereinafter referred to as the “purchase price”) is listed separately for each product and is valid at the time of creation of the order by the Buyer.
2. The primary currency for payment is the Euro.
3. The purchase price of goods or services listed on the Seller’s Website is the total price of goods or services, including value added tax and all other taxes, and is clearly stated on the Seller’s Website. The purchase price of goods or services does not include transport costs or other costs related to the delivery of products. The seller is a VAT payer / value added tax /.
1. Payment goods and services on the Seller’s Website can be carried out using the following means:
1.1. Payment by bank card, bank transfer and other online forms of payment through the 24 PAY payment gateway – price 0 Eur with VAT
1. The Seller is obliged to fulfil the order and deliver the goods or services to the Buyer within 30 days from the date of concluding the purchase contract in accordance with Art. II, point 2 et seq., Of these GTC.
1.1. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the tax documents that relate to the order and other documents, if they exist and are typical for the given products or services.
2. The place of delivery of the ordered product is the address provided by the Buyer during the order process.
3. Delivery of the product shall be made by the Seller at its own expense to the Buyer (or the person authorized by the Buyer to receive the product), or through third parties (transport and delivery companies).
4. Delivery of the product is made after it is received by the Buyer (or the person authorized by the Buyer to receive the product).
5. The Seller may send goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within the delivery period under these GTC, but only provided that the Buyer does not incur any additional costs by this procedure from the Seller, and only if the Buyer agrees.
1. The risk of damage to the product and liability for damage to the product passes to the Buyer only after its proper acceptance, regardless of whether the Buyer accepts the product in person or through an authorized third party. The Seller recommends that the Buyer check the accepted order at the time of delivery.
2. By accepting the product, the ownership of the purchased product passes to the Buyer. In the case of mail order sales, ownership passes to the Buyer by accepting the product at the place of delivery designated by the Buyer.
2.1. The Buyer has, among other things, the right not to accept the delivered product from the carrier, especially if the delivered product is different to what was ordered or in cases / the calculation is only demonstrative, and does not affect any other rights of the Buyer to refuse the delivered product /:
(a) deliveries of the product (s) which are in breach of the contract of sale
(b) deliveries of the product (s) with damaged packaging or,
(c) deliveries of product (s) without relevant documents.
2.2. If the product / products are delivered to the Buyer according to point 2.1, condition a) of this article, the Buyer has, among other things, the right to insist that the Seller deliver the correct item to him free of charge and without undue delay in accordance with the agreed conditions in the purchase contract, either by exchanging the product (s) or repairing it. If such a procedure is not possible, the Buyer has the right to request a discount on the purchase price or to withdraw from the contract.
3. The Seller has the right to proper and timely payment of the price of the order from the Buyer for the delivered goods.
1. Shipping costs of the Seller are not included in the purchase price of the product listed on the Seller’s Website.
2. Methods of transport and price for transport of ordered products:
2.1. Forms of Transport:
2.1.1. GLS courier service
2.1.2 UPC courier service
2.2. Prices for Transport:
2.2.1. The Seller informs the Buyer of the prices for individual forms of transport on the website https://niccos.eu/checkout/, during the purchase process, before concluding the Purchase Agreement.
1. The consumer is entitled to withdraw from the contract without providing a reason within 14 calendar days from the date of receipt of the goods, if the Seller has duly and timely fulfilled the information obligations under § 3 para. 1 letter h). Act no. 102/2014 Coll. as amended.
If the Seller has provided the consumer in a timely and proper manner with information on the right to withdraw from the contract pursuant to § 3 para. 1 letter h) of Act no. 102/2014 Coll.)., The consumer is entitled to withdraw from the contract concluded remotely, or from the contract concluded outside the premises of the Seller within 14 days from the date:
a) Acceptance of goods according to Art. VIII, point 1.1. these GTC in the case of contracts the subject of which is the sale of goods,
(b) The conclusion of a service contract; or
(c) Concluding a contract for the provision of electronic content not supplied in a tangible medium
1.1. The goods are considered to have been accepted by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, accepts parts of the ordered goods, or if
a) the goods ordered by the consumer in one order are delivered separately, at the moment of accepting goods that were delivered last,
b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece,
(c) delivers the goods repeatedly during a specified period, at the time of accepting the first goods delivered.
1.1.1. If the Seller has provided the consumer with information pursuant to § 3 par. 1 letter h), Act. no. 102/2014 Coll. as amended only subsequently, but no later than within 12 months from the beginning of the period for withdrawal from the contract pursuant to Art. VIII point 1 of these GTC, the period for withdrawal from the contract expires after 14 days from the day when the Seller additionally fulfilled the obligatory information.
1.2. If the Seller has not provided the consumer with information pursuant to § 3 par. 1 letter h) Act. no. 102/2014 Coll. as amended or in an additional period pursuant to Art. VIII point 1.1.1. of these GTC, the period for withdrawal from the contract expires 12 months after and 14 days from the date of commencement of the period for withdrawal from the contract under Art. VIII point 1 of these GTC
1.3. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the contract.
2. The consumer is obliged to send the goods back or hand them over to the Seller or to a person authorized by the Seller to accept the goods no later than 14 days from the day of withdrawal from the contract. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day within the time limit. (§10 par. 1 of Act No. 102/2014 Coll.).
3. The consumer is obliged, if he 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 period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the Seller no later than on the last day of the designated period and to the address of the Seller, which is:
WIKKED, družstvo, Komárovce, 044 55 Komárovce, Slovak Republic
This right can also be exercised by the consumer in any of the Seller’s premises.
4. Withdrawal from the purchase contract can be claimed from the Seller in paper form or in the form of a record via another durable medium. The application for withdrawal from the contract can also be done through the Form for withdrawal from the contract, which is available on the website of the Seller. The consumer is also entitled to withdraw from the contract orally, in particular by a clearly formulated statement of the consumer expressing his willingness to withdraw from the contract
5. By withdrawing from the contract, the contracting parties are obliged to return the services provided to each other. The consumer is only liable for the reduction in the value of the goods which has arisen as a result of such treatment of the goods necessary to ascertain the characteristics and functionality of the goods. The consumer is not responsible for the reduction of the value of the goods if the Seller has not fulfilled the information obligation about the consumer’s right to withdraw from the contract according to § 3 par. 1 letter h). Act no. 102/2014 Coll.
6. The consumer may use the withdrawal form from the contract to withdraw from the contract without giving a reason. The above form is freely accessible on the Seller’s Website.
7. If the consumer withdraws from the contract in accordance with Act No. 102/2014 Coll., He shall bear the costs of returning the goods to the Seller pursuant to § 10 para. 3 of Act no. 102/2014 Coll., And if he withdraws from the contract remotely, the cost of returning the goods, which due to its 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 the obligation according to § 3 par. 1 letter i). Act no. 102/2014 Coll.
8. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the consumer to return to the consumer all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs. and fees; this does not affect the provision of § 8 par. 5. Act no. 102/2014 Coll. Act on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Contract Concluded remotely or Contract Concluded Outside the Seller’s Premises and on the Amendments to Certain Acts.
9. Pursuant to § 9 par. 3 of Act no. 102/2014 Coll. as amended., The Seller is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a different method of delivery than the cheapest standard method of delivery offered by the Seller. Additional costs are the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the Seller.
10. Shipments sent in the event of withdrawal from the purchase contract as a cash on delivery will not be accepted by the Seller. We recommend buyers to send shipments by registered mail or in a similar form without stating the amount of cash on delivery.
11. Upon withdrawal from the contract, the consumer bears only the cost of returning the goods to the Seller or the person authorized by the Seller to accept the goods. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled the obligation under § 3 para. 1 letter i). Act on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Contract Concluded in the Distance or Contract Concluded Outside the Seller’s Premises and on Amendments to Certain Acts.
12. In addition to the obligations specified in paragraphs 1, 3 to 5 and § 9 par. 3 of Act no. 102/2014 Coll. the consumer’s right to withdraw from the contract must not should not cause them to incur additional costs or other obligations for the consumer.
13. The right to withdraw from the contract does not apply to goods and services, which are defined in §7 par. 6 letter a) to l) of Act no. 102/2014. Z.z.
Specifically:
(a) the provision of a service, where the provision of the service began with the consumer’s express consent and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right to withdraw from the contract after full provision of the service;
b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the Seller cannot influence and which may occur during the period for withdrawal from the contract,
c) the sale of goods made to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
d) sale of goods subject to rapid deterioration
e) the sale of goods enclosed in protective packaging which cannot be returned for reasons of health protection or hygienic reasons and whose protective packaging has been broken after delivery,
f) sale of goods which, due to their nature, may, after delivery, be inseparably mixed with other goods,
g) For the sale of alcoholic beverages, the price which was agreed at the time of concluding the contract, can be delivered after 30 days at the earliest and their price depends on market price movements which the Seller cannot influence,
h) performing urgent repairs or maintenance, which the consumer has explicitly requested the Seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the Seller’s visit to the consumer and the consumer did not order these services or goods in advance,
(i) the sale of audio, video recordings, phonograms or computer software sold in protective packaging, if the consumer has unpacked that packaging,
j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
k) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the Seller undertakes to provide these services at the agreed time or within the agreed time,
(l) the supply of electronic content other than on a tangible medium, where such provision has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that, by giving his consent, he loses the right of withdrawal.
14. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form as he received them from the consumer. It is only possible to change the form of refund to the consumer with the consent of the consumer.
15. In the event of withdrawal from the contract, the subject of which is the sale of goods, the Seller is not obliged to return payments to the consumer pursuant to § 9 paragraph 1 of Act no. 102/2014. Z.z. until the goods are returned or until the consumer proves the return of the goods to the Seller, unless the Seller proposes to pick up the goods in person or through a person authorized by the person.
16. If the consumer withdraws from the service contract and before the commencement of the provision of services, he has given his explicit consent pursuant to § 4 para. 6 of Act no. 102/2014. Z.z. as amended, the consumer is obliged to pay the Seller only the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract. The price for the performance actually provided is calculated proportionally on the basis of the total price agreed in the contract. If the total price agreed in the contract is overstated, the price for the performance actually provided shall be calculated on the basis of the market price of the performance provided.
17. The consumer is not obliged to pay for
17.1. Services provided during the period for withdrawal from the contract, regardless of the extent of the performance provided, if:
17.1.1. The seller did not provide the consumer with information according to § 3 par. 1 letter h) or letter j), Act no. 102/2014 Coll. as amended
17.1.2. The Consumer has not given the Seller explicit consent to the commencement of the provision of the service pursuant to § 4 para. 6, Act no. 102/2014 Coll. as amended
17.2. Electronic content, wholly or partly provided, not supplied on a tangible medium, if:
17.2.1. The Consumer has not given the Seller explicit consent to the commencement of the provision of electronic content pursuant to § 4 para. 8, Act no. 102/2014 Coll. as amended
17.2.2. The consumer has not stated that he has been duly informed that, by giving his consent in accordance with the first point, he loses the right to withdraw from the contract, or
17.2.3. The seller did not provide the consumer with a confirmation in accordance with § 6 par. 1 or par. 2 letter b). Act no. 102/2014 Coll. as amended
18. If, on the basis of a contract concluded outside the Seller’s premises, the goods were delivered to the consumer’s home at the time of concluding the contract and due to their nature, it is not possible to send the goods back to the Seller by post, the Seller is obliged to collect it at his expense in accordance with §9 section 1. of Act no. 102/2014. Z.z., as amended.
19. The Seller instructs the Buyer on the following regarding the provision of the service to be started before the expiry of the withdrawal period on the basis of the service contract or otherwise if the Buyer requests the provision of the service before the expiry of the withdrawal period:
19.1. By granting consent to the commencement of the provision of the service before the expiry of the period for withdrawal from the contract, the buyer loses the right to withdraw from the contract after the full provision of the service.
19.2. The Seller must have the express consent of the Buyer to start providing the service before the expiration of the period for withdrawal from the contract and a statement that the consumer has been properly instructed in accordance with point 19.1. Article VIII of these GBTC.
1. In the event that the consumer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to turn to the Seller to seek redress. If the Seller responds to the consumer’s request according to the previous statement negatively or does not respond to such a request within 30 days from the date of its sending to the consumer, the consumer has the right to file a motion to initiate an alternative dispute resolution under § 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended. The relevant subject for 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 any other relevant authorized legal entity registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/,
or directly at
https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1
The buyer has the right to choose which of the listed ADR entities to turn to. The buyer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/,or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. to submit an alternative dispute resolution proposal for his consumer dispute.
An alternative dispute resolution can only be used by the Buyer, who acts as a consumer when concluding and fulfilling the contract. Alternative dispute resolution only concerns a dispute between the consumer and the Seller, arising from the consumer contract or related to the consumer contract. Alternative dispute resolution only applies to remote contracts. The ADR entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT.
All other information regarding the alternative resolution of disputes between the Seller and the Buyer – consumer arising from the Purchase Agreement as a consumer contract or related to the Purchase Agreement as a consumer contract 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 Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended.
This eshop is certified http://www.pravoeshopov.sk
