Terms and Conditions

Terms and Conditions

Introductory provisions and definitions of terms

1. These General Terms and Conditions (hereinafter referred to as “GTC”) regulate the legal relationship between the company

Company name: Kallys s. r. o.

Registered office: Ulica Ľudová 26, Trnava 917 01, Slovak Republic

Registered in the register of the District Court Trnava, Section Sro, Insert number 49801/T

ID: 54006350

Bank account: SK9183300000002002030149

1.1. Email contact and telephone contact for the Seller is:

Email: info@kallys.de

Tel. no.: +4915231764015

The seller is not a VAT payer /VAT/

(hereinafter also “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 within the meaning of other provisions of these General Terms and Conditions and the relevant laws that govern the Consumers, within the framework of the applicable Slovak legislation of the Republic, in particular laws: Act No. 102/2014 Coll., on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or outside the seller’s business premises concluded contract, 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 Coll Code as amended, Act No. 250/2007 Coll. on Consumer Protection, as amended first version.

1.1.1 Address for sending documents, complaints, withdrawal from the contract a.i. is a:

 

Kallys s. r. o., Ulica Ľudová 26, Trnava 917 01, Slovak Republic

 

1.2 These general terms and conditions govern the legal relationship between buyers who are consumers and the seller.

 

1.3 The term internet shop is identical to the term electronic shop and the term website.

2. The buyer is any person (natural or legal entity) who placed an order using an electronic order form on the seller’s website or by other means of distance communication.

 

2.1 Consumer is the buyer who is a natural person and does not act in the course of his commercial activity when concluding a purchase contract via the seller’s website.

 

2.2 For contractual relationships (and other legal relationships that may result from the contractual relationship) with buyers acting as a legal entity, or the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.

 

2.3 For the purposes of these general terms and conditions, a distance contract means a contract between the seller and the consumer agreed upon and concluded exclusively via one or more means of distance communication without the simultaneous physical presence of the seller of the consumer, in particular by using the website or other means of distance communication.

 

2.4 The term purchase agreement includes an agreement for the sale of physical products, an agreement for the provision of services and an agreement for the provision of electronic content that is not delivered on a physical medium.

3. Products (hereinafter also “things”) are goods or services intended for sale and also published on the seller’s website.

 

3.1 The term goods also includes electronic content that is not delivered on a physical medium.

 

4. The seller is also the operator of the electronic system through which he runs a website under the domain name www.kallys.sk

 

5. The competent supervisory authority for legality in the area of ​​consumer protection is:

 

Supervisory authority of the Slovak Trade Inspectorate

 

based in Trnava for the Trnava region

 

Trhová 243/2 917 01 Trnava

 

Slovak Republic

 

Contact:

Phone number: 033/551 26 56

 

Email: tt@soi.sk

Web link for submitting proposals: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

 

6. The buyer can also address complaints or suggestions directly to the seller at the address specified in Art. 6. I show. 1.1.1. of these terms and conditions. The seller also encourages buyers to send complaints and suggestions (to speed up the equipment) to the seller’s email address: info@kallys.de

Any complaint or initiative will be considered and processed by the seller within 10 working days of receipt. At the same time, the seller informs the buyer about his equipment in the same way in which the buyer transmitted the complaint or initiative to the seller.

 

7. Pursuant to Section 3(1)(1), letter n), Act No. 102/2014 Coll., the seller informs the consumer that there are no particular relevant codes of conduct that the seller has undertaken to comply with, whereby the Code of Conduct is to be understood as an agreement or set of rules that define the conduct of the Seller, which has undertaken to comply with this Code of Conduct in relation to one or more particular business practices or areas of the company where these are not required by law or any other statutory regulation or measure of a public administrative authority with which the seller has undertaken to comply and how the consumer can familiarize himself with them or obtain their wording.
8. Ordering a product – concluding a sales contract

 

1. The proposal for the conclusion of a purchase contract by the buyer is the sending of an order for a product by the buyer through an electronic order form, through the seller’s website or other means of distance communication.

 

2. The conclusion of the purchase contract between the buyer and the seller takes place at the time of delivery of the confirmation of receipt of the order to the buyer, sent by the buyer within the meaning of Art. II., Item 1 of these GTC to the seller (electronically to the buyer’s e-mail address chosen when placing the order).

 

3. The purchase contract is concluded for a specific period of time and in particular ends with the fulfillment of all obligations of the seller and the buyer.

 

3.1 The purchase contract can also be dissolved in other cases determined by the legal system 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 within the due date.

4. The Seller informs the Buyer that if the Buyer orders Products, the order is associated with the Buyer’s obligation to pay in the form of payment chosen by the Buyer.

 

III. Purchase price and terms of payment

 

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 the Buyer creates the order.

 

2. Base currency is the euro.

 

3. The purchase price of the goods or services listed on the seller’s website is the total price of the goods or services, including all taxes, which is clearly stated on the seller’s website.

 

PAYMENT METHOD

You can pay for goods and services on the seller’s website in the following ways:

 

1.1 Payment by cash on delivery

 

1.2 Payment by bank card through the payment gateway

 

1.3 Payment by bank transfer to the seller’s account

 

DELIVERY OF PRODUCTS

1. The seller is obliged to execute the order and provide the buyer with goods or services within 30 days from the conclusion of the purchase contract pursuant to Art. II, item 2 et seq. of these GTC.

 

1.1 In the event that the buyer has chosen as a method of payment: online payment by card, payment by bank transfer to the seller’s account. The seller is obliged to execute the order and to deliver the goods or services to the buyer no later than within 30 days from the date of concluding the purchase contract pursuant to Art. II, item 2 et seq. of these GTC and paying the total price of the order to the seller. In the event that both in Art. V, point 1.1. of these GTC (i.e. when a sales contract has been concluded and the total price of the order has been paid to the seller). The seller is obliged to deliver the goods or services to the buyer no later than 30 days after the fulfillment of these two conditions.

 

The usual deadline for shipment of goods or services by the seller is 5 days from the date of conclusion of the purchase contract or 5 days from the date of payment of the total price of the order to the seller.

1.2 The Seller is obliged to deliver the Products to the Buyer in the ordered quantity and quality together with tax documents relating 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 specified by the buyer in the order.

 

3. The seller delivers the product to the buyer (or to a person authorized by the buyer to take delivery of the product) with his own means or through third parties (transport and delivery companies).

 

4. The delivery of the product takes place upon its acceptance by the buyer (or by the buyer to a person authorized to accept the product).

 

5. The seller can send the immediately available goods to the buyer and additionally deliver the remaining part of the order in a period equal to the delivery period according to these GTC, but only on the condition that the buyer does not do this by this action of the seller no additional costs arise, and only if the buyer agrees.

 

Download the product

1. The risk of product damage and responsibility for product damage only passes to the buyer upon proper acceptance, whether the buyer takes delivery of the product personally or through an authorized/authorized third party. The seller recommends the buyer to check the received order upon receipt of the order.

 

2. Ownership of the purchased goods is transferred to the buyer upon acceptance of the goods. In the case of mail-order sales, ownership passes to the buyer upon receipt of the goods by the buyer at the place of delivery specified by the buyer.

 

2.1 The buyer has the right, among other things, not to accept the delivered goods from the carrier, in particular if the delivered goods are of a different type or if the above calculation is only demonstrative and does not affect the buyer’s other rights, the delivered product does not accept/:

 

1. a) Delivery of the product/products that are inconsistent with the concluded sales contract
2. b) Delivery of products in damaged packaging or
3. c) Delivery of products without appropriate documents.

2.2. If the product/products are delivered to the buyer in accordance with letter a) point 2.1 of this article, the buyer has the right, among other things, for the seller to deliver the item to him free of charge and without undue delay, in accordance with the terms agreed in the purchase contract, either by replacing the product / products or by their repair. If such a procedure is not possible, the buyer has the right to demand a reduction in the purchase price or to withdraw from the contract.

 

3. The seller is entitled to proper and timely payment of the order price from the buyer for the delivered goods.

 

VII. Shipping – methods of transporting products and the price of their transport

 

1. Seller’s shipping costs are not included in the purchase price of the product listed on Seller’s website.

 

Shipping methods and price for shipping ordered products:

2.1. Transport options:

 

2.1.1 Slovak Post

 

2.1.2 Courier Service

 

2.2 Transport prices:

 

2.2.1 Price for transport by Slovak Post – price 4 EUR

 

2.2.2 Price for transport by courier service – price 3.9 EUR

 

2.2.3 Price for delivery by courier service on delivery – price 4.9 EUR

 

VIII. Withdrawal of the buyer from the purchase contract without giving reasons

 

1. The consumer is entitled to withdraw from the contract within 14 calendar days of receipt of the goods without giving reasons if the seller has fulfilled his information obligations in accordance with § 3 paragraph 1 lit. 1 letter h). law no. 102/2014 Coll. as amended.

If the seller has informed the consumer in a timely and correct manner about the right to withdraw from the contract pursuant to Section 3(1)(h) of Act No. 102/2014 Coll.), the consumer is entitled to withdraw from a contract concluded at a distance or outside the seller’s business premises withdraw within 14 days from:

1. a) Acceptance of goods according to VIII, point 1.1. of these GTC for contracts the subject of which is the sale of goods,
2. b) Conclusion of a service contract or
3. c) Conclusion of a contract for the provision of electronic content that is not delivered on a physical data carrier.

 

1.1 The goods are deemed to have been taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the goods ordered or when

 

1. a) the goods ordered by the consumer in one order are delivered separately at the moment of taking over the last delivered goods,
2. b) delivers goods consisting of several parts or pieces at the moment of taking over the last part or last piece,
3. c) delivers the goods repeatedly during the specified period at the time of acceptance of the first delivered goods.

1.1.1 Does the seller provide the consumer with information pursuant to Section 3(1)(h), act. no. 102/2014 Coll. in the valid version only subsequently, but no later than within 12 months from the beginning of the cancellation period according to Art. VIII, paragraph 1. of these GTC, the period for withdrawing from the contract is 14 days from the day on which the seller of the information obligation additionally has complied.

 

1.2 If the seller does not provide the consumer with information pursuant to Section 3(1)(h) act. no. 102/2014 Coll. in the current version or in the extension period according to Art. VIII item 1.1.1. of these GTC, the cancellation period ends after 12 months and 14 days from the start of the cancellation period in accordance with VIII, Item 1 of these GTC

 

1.3 The consumer can also withdraw from a contract for the delivery of goods before the end of the cooling-off period.

 

2. The consumer is obliged to return the goods no later than 14 days from the date of withdrawal from the contract or hand them over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller proposes to collect the goods personally or through a person commissioned by him. The deadline according to sentence 1 is met if the goods are handed over for transport by the last day of the deadline at the latest. (Section 10, paragraph 1 of Act No. 102/2014 Coll.).

 

3. If the consumer wishes to exercise this right, he is obliged to notify the seller of the withdrawal from the purchase contract no later than the last day of the specified period. The withdrawal period is deemed to have been met if the declaration of withdrawal was sent no later than the last day of the period to the seller’s address, which is:

Kallys s. r. o., Ulica Ľudová 26, Trnava 917 01, Slovak Republic

The consumer can also exercise this right in any of the seller’s branches.

4. The consumer can exercise his right of withdrawal vis-à-vis the seller in writing or in the form of a recording on another durable medium; If the contract was concluded verbally, any clear declaration by the consumer that he wants to cancel this contract (hereinafter “declaration of cancellation”) is sufficient to exercise the consumer’s right of cancellation.

 

4.1 If the consumer withdraws from the contract, any further contract relating to the contract from which the consumer has withdrawn will also be canceled from the start. In connection with the revocation of the supplementary contract, no costs or other services can be demanded from the consumer, with the exception of the costs and services mentioned in § 9 paragraph 1. 3 and § 10 para. 3 of Act No. 102/2014 Coll., as amended, and the price for the service if the subject of the contract is the provision of the service and the service has been fully performed.

 

5. By withdrawing from the contract, the contracting parties undertake to mutually surrender the services rendered. The consumer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the characteristics and functioning of the goods. The consumer is not responsible for a reduction in the value of the goods if the seller has fulfilled his obligation to provide information about the consumer’s right of withdrawal in accordance with Section 3 (1) (h). Act No. 102/2014 Coll.

 

6. The consumer can use the sales contract withdrawal form to withdraw from the contract without giving any reason. This form is freely accessible on the seller’s website.
7. If the consumer withdraws from the contract pursuant to Act No. 102/2014 Coll., he shall bear the costs of returning the goods to the seller pursuant to Section 10(3) of Act No. 102/2014 Coll., and if he is withdraws from the contract concluded in distance selling, including the costs of returning the goods which, due to their nature, cannot be returned by post. This does not apply if the seller has agreed to bear them himself or if he has fulfilled his obligation under § 3 para .1 letter i). Act No. 102/2014 Coll.

 

8. The seller is obliged to reimburse the consumer immediately, at the latest within 14 days from the delivery of the declaration of withdrawal, for all payments received from him under the contract or in connection with it, including transport, delivery and postage costs as well as other costs and fees; the regulations of § 8 para. 5. Act No. 102/2014 Coll., on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or off the seller’s premises and on amendments to certain laws

 

9. Pursuant to Section 9(1)(3) of Act No. 102/2014 Coll., as amended, the seller is not obliged to reimburse the consumer for additional costs if the consumer expressly requested a different from the seller has chosen the cheapest usual shipping method offered. Additional costs are the difference between the delivery costs chosen by the consumer and the cost of the cheapest common delivery method offered by the seller.
10. Cash on delivery shipments in case of withdrawal from the purchase contract will not be accepted by the seller. We recommend buyers to send shipments by registered mail or in a similar form without specifying the cash on delivery amount.

 

11. When withdrawing from the contract, the consumer only bears the costs of returning the goods to the seller or to a person authorized by the seller to take delivery of the goods. This does not apply if the seller has agreed to bear them himself or if he has not complied with the obligation according to § 3 Para. 1 BGB. 1 letter i). Law on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or off the seller’s premises and amending certain laws

 

12. In addition to what is stated in paragraphs 1, 3 to 5 and § 9 paragraph 1 lit. 3 of Act No. 102/2014 Coll., the exercise of the consumer’s right of withdrawal must not result in additional costs or other obligations for the consumer.

 

13. The right of withdrawal does not exist for the deliveries and services mentioned in §7 paragraph 1. 6 letters a) to l) of Law no. 102/2014. z.z.

Special:

 

1. a) the provision of a service if its provision has started with the consumer’s express consent and the consumer has declared that he has been duly informed that by giving this consent he loses the right to withdraw from the contract after the service has been fully provided, and when the service has been rendered in full,

 

1. b) the sale of goods or the provision of a service, the price of which depends on price movements in the financial market, over which the seller has no control and which may occur during the cooling-off period,

 

1. c) sale of goods made according to the specific requirements of the consumer, goods made to measure or goods intended specifically for a consumer,

 

1. d) sale of goods subject to rapid deterioration or deterioration,
2. e) sale of goods in protective packaging that is not suitable for return for reasons of health protection or hygiene and the protective packaging of which was damaged after delivery,

 

1. f) Sale of goods which, due to their nature, can be inseparably mixed with other goods after delivery,
2. g) the sale of alcoholic beverages, the price of which was agreed at the time the contract was concluded, where their delivery can take place no earlier than 30 days and their price depends on price developments on the market over which the seller has no influence,

 

1. h) carrying out urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance if they were concluded during the seller’s visit to the consumer and the consumer did not order these services or goods in advance ,

 

1. i) sale of audio recordings, video recordings, audiovisual recordings or computer software sold in protective packaging when the consumer has unpacked this packaging,

 

1. j) the sale of periodicals, with the exception of sales based on a subscription contract and the sale of books that are not delivered in protective packaging,

 

1. k) provision of accommodation services for a purpose other than housing, carriage of goods, car rental, provision of catering services or provision of services related to leisure activities, whereby the seller undertakes to provide these services at the agreed time or within the agreed period,
2. l) Provision of electronic content on a medium other than a physical medium if its provision has started with the consumer’s express consent and the consumer has declared that he has been duly informed that by declaring this consent he loses the right to date withdraw from the contract.

 

14. In case of withdrawal from the contract, the seller is obliged to return the money to the consumer in the same form in which he received it from the consumer. It is possible to change the form of reimbursement to the consumer only 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 make payments to the consumer pursuant to Section 9, paragraph 1 of Act No. 102/2014. z.z. before the goods are delivered to him or until the consumer proves that the goods have been returned to the seller, unless the seller proposes that he collect the goods personally or through a person authorized by him.

 

16. If the consumer withdraws from the contract for services and before the start of the provision of services gives his express consent pursuant to Section 4(6) of Act No. 102/2014. z.z. As amended, the consumer is obliged to pay the seller only the price for the service actually provided by the day of delivery of the notice of withdrawal. The price for the service actually provided is calculated proportionately to the total price agreed in the contract. If the total price agreed in the contract is overestimated, the price for the service actually provided will be calculated on the basis of the market price of the service provided.
17. The consumer is not obliged to pay

17.1 Services provided during the withdrawal period, regardless of the scope of the service provided, if:

 

17.1.1 The Seller has not provided the Consumer with any information pursuant to Section 3, Paragraph 1, Letter h) or Letter j), Act No. 102/2014 Coll., as amended

 

17.1.2 The consumer has not given the seller any express consent to provide the service pursuant to Section 4(6) of Act No. 102/2014 Coll., as amended

 

17.2 Electronic Content provided in whole or in part that is not provided on a physical medium if:

 

17.2.1 The consumer has not given the seller express consent to provide electronic content pursuant to Section 4(8) of Act No. 102/2014 Coll., as amended

 

17.2.2. The consumer has not declared that he has been duly informed that by declaring his consent in accordance with the first point, he loses the right to withdraw from the contract, or

17.2.3 The Seller has not provided the Consumer with a confirmation pursuant to Section 6 Paragraph 1 or par. 2 letters b). Act No. 102/2014 Coll. as amended

18. If, based on a contract concluded outside the seller’s business premises, the goods were delivered to the consumer’s home at the time of concluding the contract, and returning the goods due to their nature is not possible to the seller by post, the seller is obliged to arrange for the collection of the goods at his expense within the time limit set out in Section 9, Paragraph 1 of Act No. 102/2014. Z.z., in the amended version

 

19. The seller draws the buyer’s attention to the fact that if, based on the service contract, the provision of the service is to be started before the expiry of the withdrawal period or the buyer requests the provision of the service before the expiry of the period for withdrawal from the contract:

 

19.1 By agreeing to start providing the service before the end of the withdrawal period, the buyer loses the right to withdraw from the contract after the service has been fully provided.

 

19.2 The Seller must have the Buyer’s express consent to start providing the Service before the end of the cooling-off period and a statement that the Consumer has been duly informed in accordance with clause 19.1. of Article VIII of these General Terms and Conditions.

Alternative Dispute Resolution

 

1. In the event that the consumer is not satisfied with the way in which the seller has handled his complaint or considers that the seller has violated his rights, the buyer has the right to submit a request to Remedial action to contact the seller. If the seller refuses the consumer’s request in accordance with 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 Disputes to be submitted Resolution pursuant to Section 12 of Act No. 391/2015 Coll., on Alternative Settlement of Consumer Disputes and Amending Certain Acts, as amended. The competent body for alternative settlement of consumer disputes with the seller is the Slovak Trade Inspectorate (contact can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi) or another competent body authorized legal Person entered in the list of alternative dispute resolution institutions 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-disputes-1/list-of-subjects-of-alternative-solution-of-consumer-disputes-1.

The buyer has the right to choose which of the listed alternative dispute resolution bodies he wants to contact. The buyer can use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ or directly on the website https://webgate.ec.europa.eu/odr/main/ index is available. 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 applies only to disputes between the consumer and the seller arising out of or in connection with the consumer contract. Alternative dispute resolution only applies to distance contracts. The object of the alternative dispute resolution can reject the proposal if the quantifiable amount in dispute does not exceed the amount of 20 euros. The ARS body may require the consumer to pay a fee for initiating alternative dispute resolution up to a maximum of EUR 5 including VAT.

 

All other information on alternative settlement of disputes between the seller and the buyer-consumer arising from the sales contract as a consumer contract or in connection with the sales contract as a consumer contract is available on the website of the Ministry of Economy of the Slovak Republic at www.mhsr.sk and Act No. 391/2015 Coll. on alternative consumer dispute resolution and amending certain laws, as amended.

 

Final Provisions

 

1. The seller reserves the right to change the General Terms and Conditions. The obligation to notify changes to the General Terms and Conditions in writing is fulfilled by posting them on the Seller’s website. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller will be governed by the General Terms and Conditions in force and effective at the time of the conclusion of the purchase contract until the moment of its termination.

 

2. In addition to the general provisions of Act No. 40/1964 Coll. The Civil Code, as amended, and special regulations, in particular Act No. 102/2014 Coll., on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or off the seller’s premises and Act No 250/2007 Coll. on consumer protection.

 

3. These General Terms and Conditions form an integral part of the complaints procedure and the principles and instructions on the protection of personal data of this website. Documents – Complaints Procedure and Personal Data Protection Policy and Instructions of this site are posted on the domain of the seller’s site.

 

4. These General Terms and Conditions shall become valid and effective upon their publication on the Seller’s website on October 10, 2021.

 

This e-shop is http://www.pravoeshopov.sk certified