The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relationships between the seller and the buyer are concluded in accordance with the laws of the Slovak Republic. Where the contracting party is a consumer, legal relationships not governed by these terms and conditions are governed by Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll. on Consumer Protection, as amended, and Act No. 108/2000 Coll. on Consumer Protection in Doorstep Selling and Distance Selling, as amended. Where the contracting party is an entrepreneur, legal relationships not governed by these terms and conditions are governed by Act No. 513/1991 Coll., the Commercial Code, as amended.
1 Definitions
1.1 In these Terms and Conditions:
1.1.1 "E-shop" means a computer program - an internet application available on the Internet at www.pinkspa.sk, whose main functionality is the display, selection and ordering of goods by the User;
1.1.2 "Consumer contract" is a Purchase Contract where the contracting parties are the supplier on the one hand and a consumer on the other;
1.1.3 Conclusion of the purchase contract - the buyer's order constitutes a proposal to conclude a purchase contract. The purchase contract itself is concluded at the moment the seller's binding acceptance of the proposed purchase contract is delivered to the buyer, i.e. by the seller's binding confirmation of the order. From that moment, mutual rights and obligations arise between the seller and the buyer as defined by the purchase contract and these terms and conditions. The terms and conditions are an integral part of the purchase contract;
1.1.4 "Shopping cart" means the part of the E-shop that is generated automatically when the User activates the relevant functions in the user environment of the E-shop, in particular by adding or removing Goods or Services and/or by changing the quantity of the selected Goods or Services;
1.1.5 "Civil Code" means Act No. 40/1964 Coll., the Civil Code, as amended;
1.1.6 "Operator" means the company ZED s.r.o., Company ID (IČO): 51018993, with its registered office at Hrachová 12/E, 82105 Bratislava;
1.1.7 "Access data" means the unique login name and the associated password entered by the User into the E-shop database during Registration;
1.1.8 "Registration" means the electronic registration of the User in the E-shop database by filling in at least the mandatory registration details in the user interface of the E-shop and the Access data, and then saving them in the E-shop database;
1.1.9 "User" means any legal or natural person using the E-shop;
1.1.10 "User account" means the part of the E-shop created for each User by Registration (i.e. unique for each User) and made accessible after entering the Access data;
1.1.11 "Goods" means an item offered by the Operator for sale to the User via the E-shop and, where offered with the Goods, also a licence to use that item;
2 Process of concluding the Contract
2.1 Through the E-shop, the Operator offers Users the conclusion of a Purchase Contract. The Operator's offer to conclude a Purchase Contract is the display of the button labelled " Order with obligation to pay " in the user interface of the E-shop.
2.2 Clicking the button labelled " Order with obligation to pay " is considered the User's unconditional acceptance of the Operator's offer to conclude a Purchase Contract under paragraph 2.1 of these Terms and Conditions.
2.3 The unconditional acceptance of the offer under paragraph 2.2 of these Terms and Conditions concludes the Purchase Contract.
2.4 The Contract is concluded at the moment the electronic information about the User clicking the button " Order with obligation to pay " reaches, via the Internet, the server on which the E-shop is installed.
2.5 The User undertakes to fill in true and complete data in the relevant text fields of the E-shop's user environment, in particular to enter their e-mail address, identification data and, where applicable, delivery address truthfully. The User acknowledges that the Operator will reasonably consider the data entered to be correct and complete and is neither obliged nor entitled to check them.
2.6 The Operator will send the User an e-mail about the conclusion of the Purchase Contract to the e-mail address entered by the User in the relevant field of the E-shop's user environment.
3 Purchase Contract
3.1 Upon conclusion of the Purchase Contract, the following provisions take effect:
3.1.1 The User buys from the Operator the Goods the User has selected in the user environment of the E-shop by placing them in the Shopping cart, in the quantity the User has selected and/or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator the price stated for such Goods in the user environment of the E-shop.
3.1.2 Until the Goods are dispatched to the User, the Operator has the right to withdraw from the Purchase Contract for any reason or without giving a reason. A legal act of the Operator consisting of notifying the User that the Goods ordered cannot be delivered is also considered a withdrawal from the Purchase Contract.
3.1.3 The Operator is entitled at any time to ask the User for additional confirmation of the order and, until it receives the User's confirmation, is entitled to delay dispatching the Goods to the User.
3.1.4 The method of packaging the Goods is determined solely by the Operator.
3.1.5 The User is obliged to pay the Operator the costs of packaging and delivering the goods to the User in the amount stated for the order in the user environment of the E-shop.
3.1.6 The User has the right to choose, from the options displayed in the user environment of the E-shop, the method of paying the purchase price of the Goods and any other payments to the Operator.
3.1.7 If any of the payment methods includes information about the cost of making such a payment, the User is obliged to bear the cost of making that payment as stated for it in the user environment of the E-shop.
3.1.8 In the case of a cashless bank transfer, the User is obliged to state the variable symbol specified by the Operator.
3.1.9 In the case of a cashless payment, the User's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the bank account specified by the Operator.
3.1.10 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined unless expressly stated otherwise for a specific discount.
3.1.11 The purchase price of the Goods does not include any payments, fees or other charges that the User must pay for services provided by third parties in connection with paying the purchase price of the Goods; these costs are borne solely by the User.
3.1.12 The Operator reserves ownership of the Goods that are the subject of the Purchase Contract until the User has paid the purchase price for the Goods in full.
3.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable period after the conclusion of the Purchase Contract. All delivery times for Goods stated in the user interface of the E-shop are indicative only.
3.1.14 The Operator always sends the User a tax document - an invoice in paper form - together with the Goods (i.e. packed with the Goods).
3.1.15 If the Operator gives the User a gift together with the Goods, the gift contract between the User and the Operator is concluded subject to the condition subsequent that, if the Purchase Contract is withdrawn from, the gift contract is cancelled from the outset together with the purchase contract, and the User is obliged to return the gift to the Operator together with the purchased goods.
3.1.16 The Operator provides the User with a warranty for the purchased Goods if a warranty period is stated for the Goods in the user environment of the E-shop, for the warranty period stated, whereby the warranty so stated applies only to Consumers.
3.1.17 The User is entitled to assert rights arising from defective performance with the Operator at the address of its registered office and/or premises. The complaint is considered to be made at the moment the Operator receives the claimed Goods from the User.
3.1.18 If it is stated for the Goods in the user environment of the E-shop that they are used, the User buys the Goods in used condition, including the stated defects of the Goods.
3.1.19 The risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Contract passes to a User who is a Consumer at the moment the User takes over the goods.
3.1.20 The risk of loss, damage and/or destruction of the Goods that are the subject of the Contract passes to a User who is not a Consumer at the moment the User takes over the goods.
4 User account
4.1 The User has the right to create a User account by Registration.
4.2 The User is obliged to enter the Access data before entering the User account.
4.3 The User's identification data entered during Registration are considered the data entered for every order of Goods the User makes after logging in to their User account.
4.4 The User must not provide the Access data, or any other access to the User account, to third parties. The User is obliged to take all reasonable measures to keep them secret. The User is fully responsible for any unauthorised use of these access data or of the User account and for any damage thus caused to the Operator or third parties. In the event of loss, theft or any other breach of the right to use these passwords, the User is obliged to notify the Operator without undue delay. The Operator will provide the User with new access data within a reasonable period.
4.5 The Operator is entitled to change these Terms and Conditions unilaterally; it will notify the User of the change via the E-shop and/or by e-mail to the User's e-mail address entered in the E-shop database. The User has the right to reject the changes to the Terms and Conditions within 10 days of first logging in to the User account after the change was announced (in the case of notification via the E-shop) or of the e-mail being delivered to the User's mailbox (in the case of notification by e-mail), and on this ground to terminate the obligation with a notice period of 10 days, which the contracting parties agree is sufficient to obtain similar performance from another supplier.
5 Information for the Consumer
5.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the Goods. If the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period runs from the day the last delivery of Goods is received. The withdrawal from the Purchase Contract must be sent to the Operator (as the seller) within the period stated in this paragraph.
5.2 If the Consumer withdraws from the Purchase Contract, they are obliged to notify in writing the number of their bank account for the refund of the purchase price of the Goods, which may be reduced if the legal grounds for doing so are met.
5.3 If the Consumer withdraws from the Purchase Contract concerning Goods that they return to the Operator damaged and/or worn, in particular if the original labels of the Goods have been removed (i.e. tags, stickers, etc.), the Consumer is obliged to compensate the Operator for the costs of restoring the Goods to their original condition.
5.4 In the event of the Consumer's withdrawal from the Purchase Contract, the Operator is obliged to refund the purchase price to the Consumer without undue delay, at the latest within 14 days of the day on which it was informed of the Consumer's decision to withdraw from the Purchase Contract.
5.5 If, on the basis of the Purchase Contract, the Consumer has received Goods consisting of movable items, they are obliged to send them back to the Operator or hand them over at the address of the Operator's premises or registered office without undue delay, at the latest within 14 days of the day of withdrawal from the Purchase Contract. The deadline is also met if the movable items are sent to the Operator no later than the last day of the above period.
5.6 The Consumer is liable to the Operator for any reduction in the value of the Goods resulting from handling the goods in a way other than is necessary to become acquainted with the nature and characteristics of the Goods, including their functionality.
5.7 The form for withdrawal from the Purchase Contract forms Annex No. 1 to these Terms and Conditions.
5.8 The Operator uses the option of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the Operator's responsible employee free of charge at the e-mail address pinkspa.sk@gmail.com.
6 Complaints procedure
6.1 The Operator is liable to the Consumer for the Goods being free of defects upon receipt. This does not apply if the subject of the Purchase Contract is goods with defects which the Operator, if they are known to it or should have been known to it taking into account all circumstances, is obliged to notify to the Consumer.
6.2 If the Goods have defects, the Consumer has the right to demand delivery of new Goods without defects, unless this is unreasonable given the nature of the defect, or if the subject of the Purchase Contract was Goods with defects which the Operator notified to the Consumer, if the defects were known to it or should have been known to it taking into account all circumstances. If the defect concerns only a part of the Goods, the Consumer may only demand replacement of that part; if this is not possible, they have the right to withdraw from the Purchase Contract.
6.3 The Consumer also has the right to delivery of new Goods, or replacement of a part of the goods, in the case of a removable defect if they cannot use the Goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Contract.
6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects, to replacement of a part, or to repair of the Goods, they may demand a reasonable discount on the price of the Goods. The Consumer also has the right to a reasonable discount on the price of the Goods if the Operator cannot deliver new Goods without defects, replace a part or repair the Goods, as well as if the Operator does not remedy the situation within a reasonable time or if remedying it would cause the Consumer considerable difficulties.
6.5 The Consumer is not entitled to rights arising from defective performance if, before receiving the Goods, the Consumer knew that the Goods had a defect, or if the Consumer caused the defect themselves.
6.6 The Operator's liability for defects of the Goods does not cover wear of the Goods caused by their normal use, for Goods sold at a lower purchase price a defect for which the lower purchase price was agreed, for used Goods a defect corresponding to the degree of use or wear the Goods had when received by the Consumer, or where this follows from the nature of the Goods.
6.7 If a warranty is provided for the Goods, the Consumer has the right to assert liability for defective performance within the warranty period.
6.8 At the Consumer's request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods allows it, it is sufficient to issue the Consumer, instead of a warranty certificate, a proof of purchase of the Goods containing the information that a warranty certificate must contain.
6.9 If the Consumer exercises their right to have defects of the Goods removed by repair, for Goods for which an entrepreneur other than the Operator is designated for warranty repairs, whose registered office or place of business is in the same place as the Operator's or in a place closer to the Consumer, the Consumer shall exercise the right to a warranty repair with that entrepreneur.
6.10 A complaint about Goods, including the removal of defects of the Goods, must be handled without undue delay, at the latest within 30 days of the day the complaint was made, unless the Operator and the Consumer agree on a longer period. After this period expires, the Consumer has the same rights as in the case of a material breach of the Contract.
6.11 The period for handling a complaint does not run if the Operator has not received from the Consumer all the documents necessary to handle the complaint, until those documents are delivered.
6.12 After the complaint has been properly handled, the Operator or an entity designated by it will invite the Consumer to collect the repaired Goods.
6.13 The right to assert claims for defects of the Goods expires in the case of unprofessional assembly or unprofessional putting into operation of the Goods, as well as unprofessional handling of them, i.e. in particular when using the Goods in conditions whose parameters do not correspond to the parameters stated in the documentation for the Goods.
7 Personal data protection
Pursuant to Section 11(1) of Act No. 122/2013 Coll. on the Protection of Personal Data and on amendments to certain acts, as amended (hereinafter in this article the "Act"), the User hereby consents to the collection, storage and processing of the User's personal data provided to the personal data controller, which is the Operator. The User further consents to the personal data being processed and used by:
- the controller;
- any employee of the controller;
- any contractual partner of the controller;
This consent of the User is given for an indefinite period.
The Operator, as controller, has determined the following purpose of processing personal data:
- sending the controller's commercial offers;
- marketing purposes;
- providing personal data to third parties;
- including personal data in a database;
- making personal data available to third parties;
The User declares that they are aware of their rights under Section 28 of the Act and declares that all data are accurate and true and are provided voluntarily.
The Operator declares that it will collect personal data to the extent necessary to achieve the above purpose and process them only in accordance with the purpose for which they were collected.
The Operator declares that it will process personal data as follows:
- by machine (automated) means using computers and computer programs;
- in written form;
This consent is a free and informed expression of the will of the User as the data subject, the content of which is the data subject's permission to process their personal data.
8 Cookies
The Operator hereby informs the User that it processes the User's cookies, including persistent cookies, and the User hereby gives their consent to this.
The consent under the previous paragraph is given for a period of 12 months.
The Operator processes the User's cookies to personalise content and advertisements, to provide social media features and to analyse traffic. The Operator shares information about how the User uses the E-shop with its social media, advertising and analytics partners.
9 Use of the E-shop
9.1 The Operator hereby grants the User a non-exclusive licence to use the E-shop in the manner provided for by these Terms and Conditions.
9.2 The Operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
9.3 The Operator has the right to restrict or interrupt the functionality of the E-shop, or access to it, for the time necessary for maintenance or repair of the E-shop.
9.4 When using the E-shop, the User is obliged to comply with the valid and effective legal regulations of the Slovak Republic and the European Community. The User is obliged to compensate in full any damage caused to the Operator or third parties by a breach of this obligation.
9.5 In the event of a breach of these Terms and Conditions, the Purchase Contract or valid and effective legal regulations, the Operator has the right to cancel the User account.
10 Declarations of the Operator
10.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable, are made systematically and are protected against changes.
10.2 Due to a technical error in the E-shop, a purchase price may be displayed for Goods that does not correspond to the usual market price for such Goods; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, will contact the User and inform them of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price; if they do not, the Purchase Contract is cancelled from the outset.
10.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorted impression as a result of how they are displayed on the User's device; the User is therefore obliged always to read the full description of the Goods and to contact the Operator in case of any doubts.
10.4 The Operator's contact details for communication with the User are stated in the user interface of the E-shop in the Contact section.
11 Right to withdraw from the purchase contract
11.1 The Buyer is entitled to withdraw from the Purchase Contract without giving a reason in accordance with Section 7 et seq. of Act No. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter the "Distance Selling Consumer Protection Act") within 14 days of receiving the goods, or of the day of concluding a contract for the provision of a service or for the supply of electronic content not supplied on a tangible medium, provided the Seller has duly and timely fulfilled its information obligations under Section 3 of the Distance Selling Consumer Protection Act.
11.2 The Buyer is obliged, at the latest within 14 days of the day of withdrawal from the contract, to send the goods back or hand them over to the Seller or to a person authorised by the Seller to receive the goods. This does not apply if the Seller proposes to collect the goods in person or through a person authorised by it. The period under the first sentence is considered to be met if the goods were handed over for transport no later than on the last day of the period.
11.3 It is not possible to withdraw from the contract for goods sealed in protective packaging that are not suitable for return for health protection or hygiene reasons and whose protective packaging was broken after delivery.
11.4 If the Buyer has already received the ordered goods, they are obliged to return them in the original undamaged packaging. If the Buyer returns the ordered goods damaged, partially used or in a condition that does not correspond to the condition in which they were sent by the Seller, the Buyer acknowledges that the Seller is entitled to deduct the damage thus incurred, which the Seller is obliged to prove, from the amount paid by the buyer for the ordered goods.
11.5 In the withdrawal from the contract, the Buyer is also obliged to state their contact details and the account number to which the amount paid for the ordered Goods is to be refunded by the seller. The Seller is obliged, without undue delay and at the latest within 14 days of the day the notice of withdrawal is delivered, to refund to the buyer all payments received from them under or in connection with the contract. The Seller is not obliged to refund these payments to the Buyer before the goods are delivered to it or until the buyer proves that the goods were sent back to the seller, unless the seller proposes to collect the goods in person or through a person authorised by it.
11.6 If the Buyer withdraws from the Purchase Contract, it is cancelled from the outset, as is every ancillary contract related to the Purchase Contract from which the Buyer withdrew. No costs or other payments may be demanded from the Buyer in connection with the cancellation of an ancillary contract, except for the costs and payments stated in Section 9(3) and Section 10(3) and (5) of the Distance Selling Consumer Protection Act and the price for a service where the subject of the contract is the provision of a service and the service has been fully provided.
11.7 The Buyer bears the costs of returning the goods to the Seller or to a person authorised by the Seller to receive the goods. This does not apply if the Seller has agreed to bear them itself or if it has not fulfilled its obligation under Section 3(1)(i) of the Distance Selling Consumer Protection Act.
11.8 The Buyer is only liable for a reduction in the value of the goods resulting from handling the Goods beyond what is necessary to establish the characteristics and functionality of the Goods. The Consumer is not liable for a reduction in the value of the Goods if the Seller has not fulfilled its obligation to inform about the Consumer's right to withdraw from the contract under Section 3(1)(h) of the Distance Selling Consumer Protection Act.
11.9 If the Buyer withdraws from the contract and delivers to the Seller Goods that are used, damaged or incomplete, the Buyer undertakes to pay the Seller the amount by which the value of the Goods has decreased within the meaning of Section 457 of the Civil Code in the actual amount, and the costs incurred by the Seller in connection with repairing the Goods and restoring them to their original condition, calculated according to the price list for (post-)warranty service of the Goods. Under this point of the complaints and terms and conditions, the Buyer is obliged to pay the Seller compensation 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.
11.10 In accordance with Section 7(6) of the Distance Selling Consumer Protection Act, the Buyer cannot withdraw from a contract whose subject is:
- the sale of goods made to the consumer's specific requirements, goods made to measure or goods intended specifically for one consumer,
- the sale of goods sealed in protective packaging that are not suitable for return for health protection or hygiene reasons and whose protective packaging was broken after delivery,
- the sale of audio recordings, video recordings, audio-video recordings, books or computer software sold in protective packaging if the consumer has opened this packaging,
- the supply of electronic content other than on a tangible medium if its supply began with the consumer's express consent and the consumer declared that they were duly informed that by giving this consent they lose the right to withdraw from the contract.
- the sale of goods which, after the conclusion of the contract and the handover of the goods from the seller to the buyer, were assembled, put together or used in such a way that restoring them to their original condition by the seller is not possible without increased effort and increased costs, e.g. assembled furniture, etc.
11.11 The consumer may also exercise the right to withdraw from a distance contract via the online function available on the seller's website, labelled "Withdrawal from the contract". In this function, the consumer states the details needed to identify the contract, in particular their name and surname, the order number or other identifier of the contract, and their e-mail address. The consumer confirms the withdrawal from the contract with the "Confirm withdrawal from the contract" button. After the notice has been sent, the seller will without delay send the consumer a confirmation of its delivery to the e-mail address provided, including the date and time the notice was sent.
12 Final provisions
12.1 Relationships not governed by these Terms and Conditions and Complaints Procedure are governed by the relevant provisions of the Civil Code, Act No. 22/2004 Coll. on Electronic Commerce and on amendments to Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on amendments to certain acts, as amended by Act No. 284/2002 Coll., as amended, and Act No. 102/2014 Coll. on Consumer Protection in Distance Selling.
12.2 The supervisory authority is the Slovak Trade Inspection.
12.3 These terms and conditions and complaints procedure take effect towards the Buyer upon conclusion of the Purchase Contract.
13 Governing law
13.1 These Terms and Conditions, as well as the Purchase Contract, are governed by the laws of the Slovak Republic.
14 Effective date
14.1 These Terms and Conditions are effective from 1 January 2019.