Commercial Terms and Conditions
Farmarik.sk - Commercial Terms and Conditions
GeneralCommercial Termsand Conditions and Complaints Procedure
(hereinafter referred to as "VOP")
1. These General Commercial and Complaints Terms and Conditions manage the instructions and informing the consumer before sending an order from Internet website of e-shop www.farmarik.sk in sense of § 10a of Act No. 102/2014 Coll.:
- on the seller´s commercial name, residential office and phone number, the consumer´scontacts with the seller, and the place where the claim can be applied:
Commercial name: Farmárik, s. r. o.
Residential office: 018 53 Bolešov 448, Slovakia.
ID No.: 36 745 057.
Tax ID No.: 2022335249.
VAT ID No.:SK2022335249.
The company is registered in the Commercial Register of the District Court of Trenčín, Section: Sro, Entry: 17573/R.
E-mail contact for orders, invoicing, withdrawal from the contract: firstname.lastname@example.org.
E-mail contact for claims, complaints, suggestions,post-warranty service:
Phone: +421 42 20 21 22 7 (the telephone line is available from 7:30 to 15:30),
- on main characteristics of the goods or nature of the service – such information is mentioned direct on www.farmarik.sk– click on the goods designation,
- on selling price of the product, transport costs, delivery, postage and other costs and fees – such information is mentioned on www.farmarik.sk and in Article III.of these VOP.
- on payment terms, delivery terms, delivery time - such information is mentioned onwww.farmarik.sk and in Article III. and IV.of these VOP,
- on instructions on the seller's responsibility for defects of a product or service according to general regulation andon information on procedures for applying and processing consumers´claims – such information is mentioned in ArticleVII.of these VOP,
- on place for submitting complaints and suggestions of consumers: The seller´s activity is subjected to the supervision of the Slovak Trade Inspection, www.soi.sk. The following locally relevant statutory body for solving complaints and suggestions is:
Name: The Inspectorate of the Slovak Trade Inspection with the seat inTrenčínfor the region of Trenčín.
Residential office: Hurbanova 59, 911 01 Trenčín. You can find more information on www.farmarik.sk,
- on information on the fact that if the consumer withdraws from the contract, they will bear the costs of returning the goods to the seller according to § 10 Clause 3 – see Article VI.Clause 7 of theseVOP,
- on information when the consumeris not authorized to withdraw from the contract – Article VI.Clause 2 of theseVOP,
- on the possibility and conditions to settle a dispute throughthe system of alternative dispute resolution; for the reference to the platformof alternative dispute resolution,through which the consumercan submit a proposal to start an alternative dispute resolution,see ArticleVII Clause 22,
- on informationon the consumer´s right to withdraw from the contract, conditions, deadline and procedure how to apply the right to withdraw from the contract; you can find the form how to withdraw from the contractin Article VI.
1. By sending an order with the obligation to pay, the buyer sends the seller a binding proposal to conclude a distance purchase contract and undertakes to take over the goods and pay the agreed purchase price, transport costs, delivery costs and postage in accordance with these general commercial terms and conditions.
2. The seller accepts the purchase contractproposal by the sending an e-mail with the confirmation of data on the content of the purchase contract at least within 48 hours from the receiving the buyer´s order. The concluded purchase contract is considered as the day of the delivery of the acceptance e-mail(order confirmation) by the seller.
3. TheseCommercial Terms and Conditions manage rights and duties of both the seller and the buyer;the buyer is the consumerwhen concluding a distance contract.
4. The distance contract means a contract between the seller and the buyer agreed and concluded exclusively by means of one or more means of remote communication without the simultaneous personal presence of the seller andthe consumer, i.e. by using the purchase through a web seat, i.e. e-shop www.farmarik.sk, or throughthe electronic mail: email@example.com.
5. The consumer is a natural person who at the conclusion and fulfilment of a consumer agreement does not act in frame of thesubject of his / her business activity, employment or profession.
6. TheseGeneral Commercial Terms and Conditionsdo not apply to agreements which have been concluded other than by means of remote communication – e. g. on the base of a separately negotiated purchase contract.
7. TheseGeneral Commercial Terms and Conditions are the inseparable part of a distance contract concluded betweenthe seller and the buyer.
Conclusion of thepurchase contract
1. The buyershall order the goods on www.farmarik.sk by the selection of concrete goods(their putting into the basket) and filling in all mandatory ordering data, i. e. contact data, method of delivery and payment. By sending the data via button "order with the obligation to pay", the buyer obligingly orders the goods placed in the basket and undertakes to pay the associated purchase price and costs under the conditions and in accordance with these Commercial and Complaints Terms and Conditions.The orderis the binding draft for the conclusion of apurchase contract. The purchase contractis concluded on the day of the receiving the draft from the seller. We inform on the draft for the purchase contractconclusionwithout undue delay, at latest within 48 hours from the date of receipt of the order, bysending e-mail.
1. In case thaton the day of receipt of the order the goodsare not available, or it is not possible to deliver them due to obstacles on the part of the supplier or the seller or due to any other reasons on the part ofthe seller,the sellerwill be obliged to inform the buyer without undue delayon this fact before the order confirmation; otherwise as soon as these reasons arose. In case thatthe purchase price has already been paid and the seller and the buyerdo not agree another substitute performance or any other delivery time, the seller will beobliged to return the buyer the purchase price and all other payments which they have received from the buyer together with the purchase price without undue delay.
Purchase price andpayment terms
1. Sellingpriceisthe purchase priceforthe goodsthat is mentioned on www.farmarik.sk at individual goods and contains VAT according to the legislative of the Slovak Republic (20%).Transport costs, delivery costs and postage are not as a part of the purchase price -the buyershall pay for them.
1. For the delivery of the ordered goods within the territory of the Slovak Republic,the seller charges the following fees to thepurchase price:
- Postage for consignmentsup toEUR 15 within the Slovak Republic: EUR 5.00 incl.VAT.
- Postage for consignmentsfromEUR 15 to EUR 150 within the Slovak Republic:
EUR 4.00 incl. VAT.
- For delivery of the goodsin the form of cash on delivery,we charge additional €2.00 to the postage incl. VAT.
- In case of an order of EUR 150 and more, we do not charge any postage.
4. Delivery of ordered goods outside the Slovak Republicmust be agreed separately. The sellerwill charge the postage according to the price list of courier company SPS, s.r.o., www.sps-sro.sk.Pursuant to the buyer´s enquiry on firstname.lastname@example.org,the sellerwill inform the buyer on the transport price before the order confirmation. Payment for the goods is possible only in advance.
3. The buyerwill beobliged to pay the purchase price together with the transport costs, delivery costs and postage if they are charged according to the previous paragraphas follows:
a. payment in cash or by credit card for personal pickup,
b. cash on delivery payment (you shall pay direct to the courier when taking over the goods);we charge for the cash on delivery a fee ofEUR 1.00,
c. online payment through payment gateway Borgunh.f.,Ármúli 30, 108 Reykjavik,
d. payment to the seller's account based on the advance invoice – the goodswill be delivered only after the funds have been credited to our account.
1. The seller will deliver the goods at the cash on delivery or at the delivery by mail through forwarding agent Slovak Parcel Services s.r.o.– UPS, seat Senecká cesta 1, Ivanka priDunaji, Slovakia.
1. The prerequisite for the delivery of the goods to the buyer is that the goods have been paid for before their delivery or will be paid at the latest at the moment of delivery by cash on delivery, in cash or by credit card.
2. Delivery time is mentioned at each goodsitem on www.farmarik.sk. If the delivery times are various at more ordered goods, the seller will commit to deliver the goodswithin the period that is the longest one from all periods in question. The contracting parties may agree a partial fulfilment as well. The seller commits to deliver the goods within 3 weeks from the ordering day. Ifthe sellerisin delay to deliver the goods, the buyer will have right to define an additional delivery time. If the seller does not deliver the goodseven within this period, the buyer willhave right to withdraw from the contract. If, in view of all the circumstances, it is clear or if the buyer explicitly informed the seller before concluding the contract that the delivery of the goods within the specified period or on the specified day is particularly important for the buyer, and the seller did not deliver the goods within this period,or if a period of 30 days from the date of conclusion of the contract expires and the seller explicitly declares that he will not deliver the goods to the buyer, the buyer will have the right to withdraw from the contract even without providing an additional reasonable period for the delivery of the goods. In this case, the seller shall return the buyer all payments received from them in connection with ordering the goods without undue delay.
3. The buyerisobliged to take over the ordered goods within the defined period. He / she will be informed on the delivery time via courier or, upon personal collection by the seller,by e-mail. Ifthe buyer does not take over the goods within the agreed period, the seller willbe entitled to demand a fee for stocking the goods in the amount of EUR 1.00for each day of the buyer´sdelay to take over the goods; the seller will have right towithdraw from the contract.Entitlement to compensation the seller towards the buyer for the costs spent on the goods delivery remains preserved. But, this is not valid, when the reason of the refusal to take over the shipment is the buyer´swithdrawal from the contractor a damaging the consignment or goods at the delivery.
4. Address mentioned in the order as the invoicing address is the place of delivery of the goods provided that the buyer does not mention a separate delivery address – in such case, this delivery address will be as the place of delivery.In case of the personal taking over,the place of delivery is: Bolešov 448, Slovakia. An invoice (tax document), instruction manual and all other documents necessary for the use of the ordered goods are delivered to the customer together with the goods.
1. Transfer of ownership right
The ownershipright transfers fromthe seller tothe buyer in the moment of the taking-over the thing from the seller or forwarding agent. In the same moment, the danger of accidental destruction of the goods transfers to the buyer as well.
The consumer´swithdrawal from thepurchase contract
1. The buyerhas right to withdraw from thepurchase contractwithin 14 calendar days from the day of taking-overthe goods.The consumerhas right to withdraw from the contract also before the delivery of the goods.
1. The consumercannot withdraw from a contract which subject-matter is:
- the sale ofthe goods made according to the consumer´s special requirements, made-to-measure goods orgoods specially designed for one consumer,
- the sale ofthe goodswhich are subject to rapid deterioration or spoilage,
- the sale of the goods closed in a protective packing that cannot be returned for reasons of health protection or for hygienic reasons and which protective packingwas damaged after the delivery,
- the sale of the goodswhich, due to its nature, may be inseparably mixed with other goods after delivery.
1. The consumerapplies the right to withdraw from the contractat the sellerin the documentary form or in the form of a record on another durable medium,by sending to the seller's contact details.For the purposes of this act, means whichallow the consumer or the seller to store information addressed to him / her in a way that allows its use in the future for a period corresponding to the purpose of this information andthat allows the unchanged reproduction of stored information, particularly paper, e-mail, USB flash drive, CD, DVD, memory card orhard disc,are understoodas a durable medium.The consumer may use a form of withdrawal from the contract,the text of which you can find here.
1. The period for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the seller no later than on the last day of the 14-day period.
1. By the withdrawing, the contract is cancelled from the beginning, each contracting party is obliged to return everything that it has received from the other contracting party based on the contract concluded at a distance, i. e. the sellerthe payments that they have received fromthe buyer and the buyerthe goods, including accessories anddocuments needed for the use ofthe goods.
1. The consumeris obliged, at least within 14 days from the withdrawal from the contract,to send backthe goodsto the seller or to give the goods to the seller personally in the seller´sseat. This period is considered to have been observed if the goodswere shipped at least on the last day of the 14-days period.
1. At the withdrawal from the contract,the consumerbears the cost of returning the goods tothe seller.
1. The consumeris responsible for the decrease in the value of the goods that arose as a result of such handling of the goods, which is beyond the scope of handling necessary to determine the properties and functionality of the goods.
1. The sellerisobliged without undue delay, at least within 14 days form the day of the delivery of the notice on the withdrawal from the contract,to return the consumer all payments that they have received under or in connection with the contract, including transport costs, delivery and postage (hereinafter referred to as"the payment for the goods").
1. The sellerisobliged to return the payment for the goodsin the same way which the consumerused at his / her payment. The consumercan use any other payment method of the return of the payment for the goodswhen using the withdrawal form.
1. Payment for the purchased goodswill be settled to the buyer after the delivery of the returned goods back to our address or upon presentation of a document proving the return of the goods, whichever occurs first.
Instruction on the right to claimthe responsibility for defects and the complaints procedure
1. The sellerisresponsible for defects which the sold thing has in the moment of its taking-over bythe buyer. Unless they are perishable or used items,the seller willbe responsible for defects which occur in the moment of the item taking-over within the guarantee period. In case of used items, the seller is not responsible for defects resulting from their use or wear and tear. In case of things sold for lower price,the seller is not responsible for the defect for which this lower price has been agreed.
1. The guarantee periodlasts 24 months. If a period of use is mentioned on the sold thing, its packing or in the added instruction manual, the guarantee periodwill not finish before the end of the period of use.Individual goods may have a shorter lifetime than the warranty period given in the description of their properties on www.farmarik.sk due to their properties and method of use.
1. The warranty periods start to run from the day of taking over the item by the buyer. If some goodsare put into operation by any other entrepreneurthanby the seller, the warranty period will start only from the day of their putting in operation provided that the buyerhas ordered the putting in operation at least within 3 weeks from the taking over the item and they provided a cooperation necessary for the performance of the serviceduly and on time.
1. If this is a defect which can be removed, the buyer will have rightto have it removed free of charge, on time and properly.The sellerwill be obliged to eliminate the defect without any undue delay.
1. Instead of the defect removal, the buyermay demand the replacement of the thing or, when the defect relates to a part of the thing only, the replacement of the part in question provided that the seller does not incur disproportionate costs due to the price of the goods or severity of the defect.
1. The seller can always replace the defective item with a flawless one instead of removing the defect, if this does not cause serious difficulties for the buyer.
1. If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer will have the right to replace the item or withdraw from the contract. The same rights will belong to the buyer if the defects can be removed, but the buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects.
1. If there are other irreparable defects, the buyer will have the right to a reasonable discount from the price of the item.
1. Rights from liability for product defects for which the warranty period applies will expire if they are not exercised within the warranty period.
1. Rights from liability for defects at perishable items must be exercised at the latest on the day following the purchase; otherwise, the rights will expire.
1. The time from the exercise of the right from liability for defects to the time when the buyer was obliged to take over the item after the repair was completed is not included in the warranty period. The seller is obliged to give the buyer a confirmation of when they exercised the right, as well as of the execution of the repair and its duration.
1. If the goods are replaced, the warranty period will start again from the time of taking over the new thing. The same will bevalid if a part was replaced to which the warranty had been given.
1. The consumer is obliged to point out the defects without unnecessary delay after discovering the defects, but at the latest before the expiry of the warranty period. When taking over the goods from the carrier, the buyer shall confirm the acceptance of the goods and the integrity of the packaging, as the goods can be damaged during transport.We recommend the buyer to unpack the goods and inspect them in the presence of the carrier, in the case of personal pickup in the presence of the seller. By your signature you confirm to the currier that the packaging has not been damaged.
1. The consumer can apply the claim at the seller's headquarters or at any of the seller's establishments, or via means of remote communication. By applying the claim, the consumer claims liability for defects of the goods. The consumer shall point out particular defects of the goods or describe how the defects manifest themselves.It must be clear from the content of the claim, or the documents attached to it, which goods they relate to, as well as the fact that the defect is being the claimed within the warranty period.It is possible to the claimonlythe goods which the consumerhas bought at the seller. For this purpose, the buyer submits the seller a proof of purchase or a warranty certificate or proves that the deadline for the claiming the responsibility for defects has been met in another clear way (e.g. a proof of receipt of the goods).
15. Liability for defects does not cover defects that have arisen:
- by a mechanical damaging the goodscaused bythe buyer, by any other person or accidentally after the risk of damage to the goods has passed to the buyer,
- by an incorrect manipulation with the goodsin a different manner than is mentioned in the instruction manual or than results from their normal use,
- by the usingthe goods in moist conditions,
- from chemical and mechanical influence of the surroundings,
- by neglecting the care and maintenance of the goods,
- by damaging the goods due to excessive loading, for example, using them not for domestic use but for business activity,
- by using the goods in contrary to the conditions mentioned in the documentation tothe goods, to technical standards or safety regulations or by any other violationof warranty terms,
- by normal wear and tear ofthe goods, which results from normal use and properties of the goods,
- after the expiry of the warranty period or the lifetime of the product.
1. Ifthe consumerappliesa claim, the selleror an employee authorized by them shall instruct the consumer on his / her rights according to § 622 and 623 of the Civil Code. Pursuant to the consumer´s decisionwhich of those rights he / she applies, the seller will be obliged to determine the method of processing the claim immediately, in complicated cases at the latest within 3 working days from the date of the claim. In justified cases, especially if a complex technical evaluation of the state of the product or service is required, no later than 30 days from the date of the claim.After the determination how to process the claim,the claim must be solved immediately, in justified caseslater, too. However, the claim processing cannot last longer than 30 days from the date of the claim. After the expiry of the deadline for processing the claim, the consumerwill have right to withdraw from the contract or to replace the product with a new product.
1. The claimprocessing deadline runs from a moment when the defects were properly pointed out. In case that defects of the goods are the claimed, for the applying the claim it will be necessary to submit the goodsto the seller in order to inspect the goods and point out the defect. The goodscan be delivered personally toBolešov 448, 01853,or sent by mail to Bolešov 448, 01853. If it is necessary to inspect the goods,the deadline for processing the claimwill start to run only from the moment when the goodswere delivered to the seller.
1. The claim procedure finishes by:
- handing over the repaired goods,
- replacement ofthe goods,
- return of the goods purchase price,
- payment of a reasonable discount of the price ofthe goods,
- written invitation to take over the performance,or
- its justified rejection.
1. Ifthe consumerapplied the claim of the product within the first 12 months from its purchase, the sellermay solve the claim by its rejection based on a professional judgment only; regardless of a result of the professional judgment,it is not possible to demand thereimbursement of costs for the professional judgmentor any other costs related to the professional judgment.The sellerisobliged to submit the consumer a copy of the professional judgmentjustifying the claim rejection at latest within 14 days from the claim solving.
1. Ifthe consumerappliesthe claim of the product after 12 months from its purchaseandthe sellerrejects it, the person who rejects the claim will be obliged to mention,in the document on the claim solution, an information to whom the consumer can send the product to be professionally judged. If the productis sent to be judged to the person in question, the costs of the professional judgmentand all other costs related to it will be borne by the seller regardless of the result of the professional judgment. Ifthe consumerproves the seller´s responsibility for the defectthrough the professional judgment, he / she can claim the defect again; the warranty period will not pass during the professional judgment. The seller will beobliged to refund the consumer all costs spent for the professional judgmentas well as all related effective incurred costs within 14 days from the date of the repeated applying the claim. The re-applied claim cannot be rejected.
1. At the applying the claim, the sellerisobliged to issue the consumer a confirmation. Ifthe claim is applied via means of the remote communication, the seller willbe obliged to deliver the consumer the confirmation on the claim application immediately; if it is not possible to deliver the confirmation immediately,it must be delivered without an undue delay, however at latest together with a document on the solution of the claim. The confirmation on the claim application will not be needed to be delivered if the consumeris able to prove the claim application in a different way.
1. The buyerwill beentitled to requesta redress if he / she is not satisfied with the way the seller handled his / her claim or if he / she believes that the seller have violated his / her rights. The buyer has the right to submit a proposal to start an alternative dispute resolution to a subject of alternative dispute resolution entity if the seller responded negatively to the request for redress or did not respond to it within 30 days from the day it was sent. The competent entity for the alternative resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or any other relevant authorized legal person registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov). A proposal to initiate an alternative dispute resolution can also be submitted via alternative dispute resolution platform http://ec.europa.eu/consumers/odr/.
1. The seller reserves the right to modify and supplement theseGeneral Commercial and ComplaintsTerms and Conditions. The General Commercialand Complaints Terms and Conditions,which were in force in the date of the purchase contract conclusion,apply to the legal relationship established by the purchase contract. The Complaint Conditions are also an integral part of these General Commercial Terms and Conditions.
1. By the order sending,the buyer confirms that he / she became familiar with the General Commercial and Complaints Terms and Conditions.
2. TheseGeneral Commercial Terms and Conditions are available in the headquarters of the Company and in the Internetwebsite of the e-shop.
1. In other questions not managed by the General Commercial and Complaints Terms and Conditions, the relationship is governed by competent provisions, particularly by Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. the protection of the consumeras amended, Act No. 102/2014 Coll. on the protection of the consumer when selling the goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws as amended.
1. TheseGeneral Commercial Terms and Conditions including their integral partsbecome valid and effective on 8/2/2022.