(hereinafter “T&C”)
Valid from 1/11/2022
Article 1. – Introductory provisions
1.1 These General Terms and Conditions (hereinafter referred to as ” GTC “) regulate the contractual relationship between the seller and the operator of his shop at the internet address below as a seller on one side (hereinafter referred to as ” the seller “) and a natural person consumer as a buyer on the other side (hereinafter only ” buyer “), through the seller’s online store. The online store is operated by the seller through a web interface (hereinafter referred to as ” web interface “).
The seller is
Q-TRIBO
operated by Q-TRIBO s.r.o., ID number: 50633201
seat: Trstínska cesta 10, 917 01 Trnava
company registered in the Commercial Register of the Trnava District Court, section: Sro , insert no. 38987/T
Address of the seller’s online store: www. eshop.q-tribo.com (hereinafter referred to as ” online shop “)
1.2 Consumer means a natural person who, when concluding and fulfilling a purchase contract with the seller, with the purpose of purchasing products intended for direct personal consumption by natural persons, especially for the natural person himself or for members of his household.
1.3 The subject of these General Terms and Conditions is the regulation of the mutual rights and obligations of the contracting parties, i.e. the seller and the buyer, arising on the basis of a purchase contract concluded through the seller’s online store (hereinafter referred to as the ” purchase contract “).
1.4 Legal relations between the seller and the buyer – consumer, which are not expressly regulated in these GTC and/or in the contract concluded between the seller and the buyer, are governed by the relevant provisions of Act no. 40/1964 Coll. The Civil Code, as amended and Act No. 250/2007 Coll. on consumer protection, as amended.
1.5 In case of any differences between the GTC and the purchase contract concluded between the seller and the buyer, the text of the contract takes precedence, with the GTC forming an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Slovak language. The purchase contract can be concluded in the Slovak language.
1.6 When submitting an order by pressing the “Order with payment obligation” option, the buyer confirms that he has familiarized himself with the General Terms and Conditions, has read them and understood their content, and agrees with them in their entirety.
1.7 The buyer acknowledges that for the purpose of adjusting his relationship with the seller, the GTC in the wording valid and effective at the time the order is sent are considered effective. The seller is entitled to change or supplement the wording of the General Terms and Conditions with any changes, but this does not affect the rights and obligations that arose during the validity of the previous wording of the General Terms and Conditions.
Article 2. – Purchase contract – general provisions
2.1 The subject of the purchase contract is the sale of goods by the seller to the buyer. The online store operated by the seller contains goods offered by the seller for sale, including the following information:
a) product name;
b) photo of the product; photographs may also be used , which may differ , for example, in color from the product packaging; the textual description of the offer is always decisive for assessing the product’s compliance with a specific offer ;
c) specification of the product according to its nature;
d) the price of the product – it is always stated as the final price including VAT, unless the legislation specifies otherwise, while it does not include the costs of transporting the goods to the customer, unless otherwise stated in the offer, while the offer for the sale of the goods and the prices of these goods remain valid for the period, when they are displayed in the web interface.
2.2 The buyer can purchase goods through his user interface based on registration in the web interface or directly without registration. By registering, the buyer is entitled to draw benefits and a bonus in the form of a discount for the first purchase made through their user interface.
2.3 For the purpose of registration, the buyer is obliged to provide all the required data correctly and truthfully and to update these data whenever they change. Each buyer’s user account is protected by a username and password. The seller reserves the right to cancel the user account at any time at its own discretion. By registering, the buyer agrees to send information related to the goods and business announcements to the buyer’s e-mail address.
2.4 The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
2.5 The promotional price applies to goods that are actually in stock and only until the stock is sold out, unless otherwise stated in the promotional conditions.
Article 3. – Conclusion of the purchase contract
3.1 For the purpose of ordering goods, the buyer fills out the order form in the web interface. The order form mainly contains information about:
a) ordered goods, which the buyer has placed in the electronic shopping basket of the web interface,
b) method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods
c) information on the costs associated with the delivery of the goods
(hereinafter collectively only as ” order “) .
3.2 Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, taking into account the possibility of the buyer to find out and correct errors made when entering data into the order. The data given in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as ” buyer’s e-mail address “).
3.3 The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone) before concluding the purchase contract.
3.4 The contractual relationship between the seller and the buyer is established by the acceptance of the order confirmation by the buyer (acceptance).
3.5 The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated their obligations arising from the purchase contract or the General Terms and Conditions.
3.6 The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself.
3.7 If, due to sold-out stocks or unavailability of the goods, the seller is unable to deliver the goods to the buyer within the time period agreed in the purchase contract or determined by these terms and conditions of trade and complaints , or for the agreed purchase price, the seller is obliged to offer the buyer alternative performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). The buyer can withdraw from the purchase contract or cancel the order by sending an e-mail. If the buyer has already paid the purchase price or part of it, the seller will return the already paid purchase price or part of it within 14 days from the date of delivery of the e-mail about withdrawal from the purchase contract or cancellation of the order to the buyer on the account designated by him, unless the parties agree otherwise. If the buyer does not accept the alternative performance offered by the seller within a reasonable period of time or withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract, and if the buyer has already paid the purchase price or part of it, the seller is obliged to return the already paid purchase price or part of it within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.
3.8 The purchase contract is archived by the seller in electronic form.
3.9 Any other questions regarding the rights and obligations of the contracting parties can be sent by the buyer to the seller’s e-mail address: support@q-tribo.com .
Article 4. – Price
4.1 The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
a) cash on delivery where the seller allows the goods to be transported via an authorized carrier;
b) by non-cash transfer to the bank account that the seller informs the buyer as part of the order process (hereinafter referred to as the ” seller’s account “);
c) cashless by payment card online;
4.2 Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3 In case of cash on delivery payment, the purchase price is payable upon receipt of the goods.
4.4 In the case of non-cash payment, the purchase price is payable within 48 hours of sending the order. The seller is entitled to withdraw from the purchase contract if the purchase price is not credited to his account within this period.
4.5 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol, which is notified to the buyer as part of the order process. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the account according to point 4.1 b)
4.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.7 If it is customary in business relations or if it is established by generally binding legal regulations, the seller will issue a tax document – invoice to the buyer regarding the payments made on the basis of the purchase contract. The seller is the payer of value added tax.
4.8 The tax document for the sale of goods and services (transportation) will be delivered to the customer either directly with the goods or electronically by email (the invoice also serves as a delivery note). The delivery of the tax document by e-mail will take place within 10 days after the customer has received the shipment at the latest.
4.9 Upon receipt of the goods at the agreed place, ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer specified in section § 2 letter a) of Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as “the Act”), acquires ownership of the goods only upon full payment of the entire purchase price for the goods.
4.10 The risk of damage to the goods passes to the buyer at the time when the buyer or a third person authorized by the buyer takes over the goods from the seller or from his representative, authorized to deliver the goods, or when he does not do so in time, then at the time when the seller allows the buyer to handle the goods and the buyer will not accept the goods.
4.11 The discount coupon issued by the seller, on the basis of which the buyer is entitled to apply a discount from the purchase price or draw another advantage, can be applied only once, unless it is explicitly stated otherwise on the discount voucher or within the marketing campaign.
Article 5 – Delivery of goods
5.1 The seller undertakes to deliver the goods to the buyer within the following time limits: in the case of non-cash payment and at the same time if the goods are delivered to the buyer via a carrier, the seller undertakes to send the goods to the buyer within a maximum period of 48 hours from receipt of full payment of the price of the goods and any associated costs with the delivery of the goods in such a way as to ensure its delivery to the buyer within a maximum period of 3 days from the receipt of payment, or to notify the buyer within a maximum period of 3 days from the receipt of the order that it is not possible to deliver the shipment within this period. In the event that the above-mentioned payment is not made in this paragraph within 3 days from the receipt of the order, the seller is entitled to withdraw from the purchase contract.
5.2 The buyer undertakes to provide the necessary cooperation during the transportation, delivery and delivery of the goods, in particular to provide a complete and correct address and to be available to receive the shipment. Any costs incurred by the seller as a result of a breach of these obligations by the buyer shall be borne by the buyer.
5.3 When taking over the goods, the buyer is obliged to check that the packaging, tape, or seals and possibly damage to the product packaging or tape, or immediately report the seals to the courier or another person delivering the goods. In the case of non-compliance of the delivered goods with the order or in the case of the existence of obvious defects in the goods, the buyer is obliged to note this fact in writing in the delivery note.
5.4 If the damage or partial loss of the goods is not apparent upon receipt, the buyer is obliged to notify the seller and the carrier of the damage without undue delay, but at the latest within three 3 working days from the date of delivery of the goods.
5.5 The seller sends the ordered goods in packaging ensuring discretion for the buyer.
Article 6 – Withdrawal from the contract
6.1 In accordance with the provisions of § 8 par. 1 of Act no. 102 / 2014 Coll . . on consumer protection during mail order sales, as amended, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receiving the goods. Withdrawal from the purchase contract must be sent to the seller within fourteen (14) days of receiving the goods. The buyer is obliged to send the withdrawal from the purchase contract to the address of the seller’s business (point 1.1 GTC), or by e-mail to the address ” support@q-tribo.com ” . If the goods are complete, including the original packaging, undamaged and show no signs of use, the seller extends the above-mentioned period of 14 days for returning the goods to 30 calendar days from the date of receipt of the goods.
6.2 In case of withdrawal from the contract, the purchase contract is canceled from the beginning, with the buyer having to return the goods to the seller without undue delay after sending the withdrawal from the contract. The goods must be returned to the seller undamaged and unworn, and if possible, in the original packaging.
6.3 Within fifteen (15) days from the return of the goods by the buyer, the seller is entitled to carry out an examination of the returned goods, especially for the purpose of determining whether the returned goods are not damaged, worn or partially consumed. If the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation for the damage caused to the buyer.
6.4 The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods, even before the expiry of the withdrawal period.
6.5 Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic “brick and mortar” store, to the extent necessary to determine the nature, properties and functionality of the goods.
6.6 The buyer is obliged to send the goods back to the operator’s address without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract. The buyer bears the costs of returning the goods to the seller.
6.7 The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the purchase contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees. The seller is not obliged to return the payments to the buyer according to this point of these terms and conditions before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller.
6.8 The seller is obliged to return the purchase price for the goods to the buyer in the same way that the buyer used for his payment, unless he agrees with the buyer on another method of returning payments without additional fees being charged to the buyer in this regard.
6.8.1 The buyer is responsible for the decrease in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used, damaged or incomplete, the buyer undertakes to pay the seller:
a) the value by which the value of the goods was reduced in accordance with sec. § 457 of the Civil Code in the actual amount
b) costs incurred by the seller in connection with repairing the goods and restoring them to their original condition.
6.8.2 Pursuant to this clause of the terms and conditions, the buyer is obliged to pay compensation to the seller at most in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
6.8.3 Provisions of Art. 6 of these terms and conditions expressly do not apply to entities that do not meet the definition of consumer specified in section § 2 letter a) of Act 250/2007 Coll. on consumer protection.
Article 7 – Warranty, product defects, complaints, disputes
7.1 The warranty period for defects in the delivered goods starts from the day the goods are handed over to the buyer. If a longer warranty period is not specified when the goods are delivered, the warranty period for the delivered goods is 24 months. If the buyer discovers defects upon receipt of the goods, he must always notify the seller of these facts electronically to the seller’s email address without undue delay, but no later than within 5 days of receipt of the goods.
7.2 The seller is responsible to the buyer for the fact that the sold item is in accordance with the purchase contract, especially that it is free of defects. Conformity with the purchase contract means that the thing sold has the quality and utility properties required by the contract, described by the seller, manufacturer or his representative, or expected on the basis of the advertising carried out by them, or the quality and utility properties usual for a thing of such a kind that it meets the requirements of legal regulations , is in the corresponding amount, measure or weight and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used. Goods that do not have the usual or presented properties, do not serve their purpose, do not meet the requirements of legal regulations or were not delivered in the agreed quantity are considered defective. Please note that increased sensitivity or the case of an allergic reaction to the delivered goods cannot be considered as a defect in the goods.
7.3 In the event that the item upon acceptance by the buyer is not in accordance with the purchase contract, the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without unnecessary delay, either by replacing the item or repairing it, according to the buyer’s request ; if such a procedure is not possible, the buyer can demand a reasonable discount from the price of the item or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before taking over the item or caused the conflict with the purchase contract himself.
7.4 The buyer acknowledges that defects caused by improper use/use, storage and other handling contrary to the seller’s instructions and the information provided in the package leaflets are not considered to be product defects.
7.5 The seller is not responsible for the reduced effects or properties of the goods presented in the description of the goods on the website of the online store or the attached leaflet to the goods, which is mainly caused by:
a) using or using the goods contrary to the recommendations or instructions attached to the goods or listed on the seller’s web interface,
b) the state of health and its reaction, mental state, lifestyle, hygiene habits and overall lifestyle of the buyer.
7.6 In the case of goods purchased by an entrepreneur, such a contractual relationship is governed by Act 513/1991 Coll. Commercial Code. In such a case, the guarantee is not provided and the buyer does not have the right to withdraw from the contract in accordance with the provisions of these GTC.
7.7 Complaints on eshop.q-tribo.com are subject to our Complaints Terms and Conditions . In order to submit a claim, you must fill out and deliver the claim form to us together with the claimed product purchased from us.
Complaint-formular- q-tribo.com
7.8 If the buyer believes that his rights have been violated, or if he is not satisfied with the way in which the seller handled his complaint, he has the right to contact the seller with a request for correction by email at support@q-tribo.com . If the seller responds negatively to the consumer’s request, or does not respond to it at all within 30 days from the date of its dispatch, the buyer has, based on the amended Act no. 102/2014 (§ 3 paragraph 1 letter t) and Act no. 391/2015 the right to an alternative (out-of-court) method of dispute resolution. The buyer can submit the proposal in the manner determined according to § 11 par. 2 and §12 of Act 391/2015 Coll .
7.9 The buyer can also file a complaint through the alternative dispute resolution platform of the RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm . A buyer living in the EU can file a complaint against a seller based in the EU through the platform. The costs associated with the alternative resolution of the dispute shall be borne by each of the parties to the dispute separately without the possibility of reimbursement.
Article 8 – Protection of personal data
8.1 The buyer provides his personal data to the seller in connection with the purchase of goods in the eshop.q-tribo.com online store or in connection with registration in the user interface.
8.2 The operator that processes the buyer’s personal data is the seller – Q-TRIBO sr o ., Trstínska cesta 10 917 01 Trnava, ID: 50633201, company registered in the Commercial Register of the Trnava District Court, section: Sro , insert no. 38987/T.
8.3 The processing of the buyer’s personal data is governed by Regulation of the European Parliament and Council no. 2016/679 of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) (“Regulation”) and Act No. 18/2018 Coll., on the protection of personal data as amended.
8.4 Details of the processing of the buyer’s personal data, in particular the categories of processed personal data, the legal basis, purpose and time of processing as well as the rights of the buyer are published at https://eshop.q-tribo/ochrana-sukromia/
8.5 Supervision over the area of personal data protection is carried out by the Personal Data Protection Office of the Slovak Republic (address: Hraničná 12, 820 07 Bratislava 27, ID: 36064220, VAT number: 2021685985, website: https://dataprotection.gov.sk ).
Article 9. – Control authority
9.1 The control body that supervises the activity of the seller in the case of the issue of goods is:
Slovak Trade Inspection
SOI Inspectorate for the Trnava Region
Pekárska 23, 917 01 Trnava 1
Department of Supervision
Tel. no. 033/321 25 27, 033/321 25 21, fax no. 033/321 25 23 E-mail: tt@soi.sk
website: http://www.soi.sk/
Article 10 – Final provisions
10.1 These GTC are valid and effective on November 1, 2022.
10.2 The seller is entitled to change or supplement these GTC with any changes, but this does not affect the rights and obligations that arose during the validity of the previous version of the GTC.
10.3 The relationship between the seller and the buyer in matters not regulated by the General Terms and Conditions is governed by the laws of the Slovak Republic, in particular Act No. 40 / 1964 Coll., Civil Code.