GENERAL TERMS AND CONDITIONS SMARTKEEPER E-SHOP

These general terms and conditions (“Conditions”) govern the rights and obligations of you, as buyers and Us as the seller within the contractual relations concluded through the E-shop on the website www.smartkeeper.sk

All information about the processing of your personal data is contained in the personal data processing policy, which you will find here https://smartkeeper.sk/en/privacy-policy/ .

For our Agreement, means of distance communication are used that allow us to reach an agreement without the simultaneous physical presence of Us and You.

If any part of the Terms contradicts what we have jointly agreed upon as part of your E-shop purchase process, this particular agreement will take precedence over these Terms.

1. DEFINITIONS

  1. Price is the financial amount you will pay for the Goods;
  2. Price for transport is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;
  3. Total price is the sum of the Price and the Shipping Price;
  4. VAT is value added tax according to valid legal regulations;
  5. E-shop is an online store operated by Nami at www.SmartKeeper.sk, where the purchase of the Goods will take place;
  6. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
  7. We are BBI Int., A. s., with its registered office at Röntgenova 28, 851 01 Bratislava, IČO: 45640874, entered in the Commercial Register kept by the District Court of Bratislava I, Section Sa, Insert no. 5070 / B, e-mail office@bbi-intl.com, telephone number +421 904 244 685, legally referred to as the seller;
  8. Order is your irrevocable proposal to enter into an Agreement for the purchase of Goods with Us;
  9. Goods are everything you can buy on the E-shop;
  10. You are the person purchasing on our E-shop, referred to by law as the buyer;
  11. Contract is a purchase contract agreed on the basis of a duly completed Order sent via the E-shop, and is concluded when you receive an Order confirmation from Us.

2. GENERAL PROVISIONS AND INSTRUCTIONS

  1. The purchase of the Goods is possible only through the web interface of the E-shop.
  2. When purchasing the Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you have provided to us when ordering the Goods to be correct and true.

3. CONCLUSION OF THE CONTRACT

  1. The contract with us can be concluded only in Slovak, Russian or English language.
  2. The contract is concluded at a distance through the E-shop, while the costs of using means of communication at a distance are paid by you. However, these costs do not differ in any way from the basic rate you pay for the use of these funds (ie especially for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree to the use of means of distance communication.
  3. In order to be able to conclude the Agreement, it is necessary for you to create a draft Order on the E-shop. This proposal must include the following information:
  4. Information about the purchased Goods (in the E-shop you indicate the Goods you are interested in purchasing with the “Add to cart” button);
  5. Information on the Price, the Price for transport, VAT, the method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered within the creation of the Order proposal within the user environment of the E-shop, while information about the Price, Shipping Price, VAT and Total Price will be provided automatically based on the Goods you have selected and the delivery address;
  6. Your identification data used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and e-mail address;
  7. During the creation of the Order proposal, you can change and check the data until its creation. After pressing the “Check and order” button and after performing the check, you will summarize the order and fill in the billing and delivery data. Before pressing the “Order with payment obligation” button, you must confirm your acquaintance and agreement with these Conditions as well as agreement with the Privacy Policy, otherwise it will not be possible to create an Order. Use the checkbox to confirm and agree. After pressing the “Order with payment obligation” button, all completed information will be sent directly to Us.
  8. We will confirm your Order as soon as possible after it is delivered to us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Conditions. By confirming the Order on our part, an Agreement is concluded between us and you. The conditions in the wording effective on the day of ordering form an integral part of the Contract.
  9. There may also be cases where we will not be able to confirm your Order. These are mainly situations where the Goods are not available or cases where you order a larger number of Goods than is possible on our part. However, we will always provide you with information on the maximum number of pieces of the Goods in advance within the E-shop and it should therefore not be surprising for you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In this case, the Contract is concluded when you confirm our offer.
  10. In the event that a manifestly incorrect Price is stated within the E-shop or in the Order design, mainly due to a technical error, we are not obliged to deliver the Goods to you for this Price even if you have received an Order confirmation and the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Agreement in an amended form compared to the Order. In this case, the New Agreement is concluded when you confirm our offer. In the event that you do not confirm our offer within 3 days of its submission, we are entitled to withdraw from the concluded Agreement. A obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or there is no number.
  11. In the event that the Contract is concluded, you are obliged to pay the Total Price.

4. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP RIGHT

  1. The price is always stated within the E-shop, in the draft Order and in the Contract. In the event of a conflict between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be the same as the price in the Contract. The draft Order also states the price for transport, or the conditions when the transport is free.
  2. The total price is stated including VAT, including all fees stipulated by special legal regulations.
  3. We will demand payment of the Total Price from you after the conclusion of the Contract and before handing over the Goods. You can pay the Total Price in the following ways:
    • Bank transfer. We will send you the information for making the payment (advance invoice) after confirming the Order.
    • Card online. In this case, the payment is made via the Stripe payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: https://stripe.com/en-sk/privacy.
  4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address specified in the Order. The invoice will also be physically attached to the Goods.
  5. Ownership of the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the total price is paid by crediting our account, in other cases it is paid at the time of payment.

5. DELIVERY OF GOODS, TRANSFER OF RISK OF ACCIDENTAL DAMAGE AND ACCIDENTAL DETERIORATION OF THE PURCHASE

  1. The goods will be delivered to you in the manner of your choice, and depending on the delivery address, you can choose delivery through the following transport companies: DHL, FedEx, UPS, GLS, DPD, TNT.
  2. Goods can only be delivered within Europe and Asia.
  3. The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. The estimated time of delivery of the Goods will be notified to you in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time.
  4. When taking over the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and in case of any damage to immediately notify the carrier and Us. In the event of damage to the packaging, which indicates unauthorized handling and entry into the shipment, it is not your responsibility to take over the Goods from the carrier.
  5. You are obliged to take over the goods at the agreed place and time. If you do not accept the delivered Goods according to the previous sentence, we will inform you by e-mail where you can take over the Goods, including the deadline for taking them over, or we will re-deliver the Goods to you based on your written request sent within 14 days from you. and you undertake to reimburse us for all costs associated with the re-delivery of the Goods. In the event that you violate your obligation to take over the Goods, except in cases under Art. 6.4 of these Conditions, it does not result in a breach of our obligation to deliver the Goods to you. At the same time, the fact that you do not take over the Goods is not a withdrawal from the Agreement between us and you. If you do not take over the Goods even within the additional period, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal. Withdrawal from the Contract does not affect the right to compensation for damages in the amount of the actual costs of the attempt to deliver the Goods, or another claim for damages, if any.
  6. If, for reasons arising on your part, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. We will send payment details for the payment of these costs to your e-mail address specified in the Agreement and are due within 14 days of receiving the e-mail.
  7. The risk of damage to the Goods passes to you the moment you take it over. In the event that you do not accept the Goods, except in cases under Art. 5.4 of these Conditions, the risk of accidental destruction and accidental deterioration of the Goods passes to you at the moment when you had the opportunity to take it over, but for reasons on your part it was not taken over. The transfer of the danger of accidental destruction and accidental deterioration of the Goods means for you that from this moment you bear all the consequences associated with the loss, destruction, damage or any impairment of the Goods.
  8. If the Goods were not listed in the E-shop as in stock and the approximate availability time was stated, we will always inform you in the case of:
    • extraordinary outage of production of the Goods, while we always inform you of the new expected time of availability or information that it will not be possible to deliver the Goods;
    • delays in delivery of the Goods from our supplier, while we will always inform you of the new expected delivery time.
  9. In the event that we are unable to deliver the Goods to you within 90 days of order confirmation, for any reason, you are entitled to withdraw from the Contract.
  10. If the standard delivery time of the Goods is longer than 35 days from the confirmation of the Order, we will inform you in advance, especially through information about the approximate time of availability of the Goods published on the E-shop and by sending a special e-mail requesting confirmation that you take to note this delivery time of the Goods. If you do not agree to this delivery time, you have the right to withdraw from the Agreement.

6. LIABILITY RIGHTS

  1. Introductory provision on liability for defects
    • We undertake to deliver the Goods to you in the required quality, quantity and without defects.
    • We are responsible for defects in the Goods upon receipt.
    • The general warranty period is 24 months. The warranty period begins from the moment the Goods are taken over by you.
    • If the Goods are replaced, the warranty period begins to run again from the receipt of the new Goods by you.
    • Your rights under liability for defects in the Goods for which the warranty period applies will lapse if you do not exercise them during the warranty period. However, you must exercise the liability rights for defective goods at the latest on the day following the purchase, otherwise your rights will expire.
  2. We guarantee that at the time of the transfer of the danger of accidental destruction and accidental deterioration of the Goods under Art. 7 The conditions are Goods without defects, in particular that:
    • has the characteristics that we have agreed with you and, if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected due to the nature of the Goods;
    • is suitable for the purposes we have stated or for the purposes which are usual for Goods of this type;
    • corresponds to the quality or production of the agreed sample if the quality or production has been determined on the basis of the sample;
    • is in the appropriate quantity and weight;
    • meets the requirements of special legislation;
    • is not encumbered by the rights of third parties.
  3. Conditions for exercising the law of liability for defects (complaints)
    • Upon receipt of the Goods, you are obliged to thoroughly inspect and inspect the Goods. In the event of obvious defects (eg mechanical damage), you are obliged to file a complaint without undue delay in accordance with point 7.4 below. We will not take into account a later claim due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.
    • You are obliged to exercise the right from liability for other defects (hidden defects) in the manner according to point 7.4 below without undue delay after you have discovered the defect on the Goods, but no later than the expiration of the warranty period.
    • The warranty applies only to manufacturing defects of the Goods and defects caused by mechanical damage. You may not exercise the right of liability for defects, especially for defects caused by wear and tear, mechanical damage, use of the Goods in unsuitable conditions, etc.
    • You are not entitled to exercise the right of liability for the defect if you knew about the defect before taking over the Goods, resp. we have notified you of it or you have therefore been granted a reasonable discount on the Price of the Goods.
  4. Exercising the right from liability for damage (complaints)
    • Upon receipt of the Goods, you are obliged to thoroughly inspect and inspect the Goods. In the event of obvious defects (eg mechanical damage), you are obliged to file a complaint without undue delay in accordance with point 7.4 below. We will not take into account a later claim due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.
    • You are obliged to exercise the right from liability for other defects (hidden defects) in the manner specified in point 7.4 below without undue delay after you have discovered the defect on the Goods, but no later than the expiration of the warranty period.
    • The warranty only covers manufacturing defects of the Goods and defects caused by mechanical damage. You may not exercise the right of liability for defects, especially for defects caused by wear and tear, mechanical damage, use of the Goods in unsuitable conditions, etc.
    • You are not entitled to exercise the right of liability for the defect if you knew about the defect before taking over the Goods, resp. we have notified you of it or you have therefore been granted a reasonable discount on the Price of the Goods.
  5. Complaint handling
    • Based on your decision, which of the rights under § 622 and § 623 of Act No. 40/1964 Coll. You apply the Civil Code as amended (hereinafter referred to as the “Civil Code”) (specified in clauses 7.5.4 to 7.5.8), we will determine the method of handling the complaint immediately, in complex cases no later than within 3 working days from the date of your complaint. In justified cases, especially if a complex technical assessment of the condition of the Goods is required, no later than 30 days from the date of your complaint.
    • After determining the method of handling the complaint, we will handle the complaint immediately, in justified cases we can handle the complaint later; however, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, you have the right to withdraw from the Contract or you have the right to exchange the Goods for new goods, if possible.
    • We will issue you a written document about the handling of the complaint, no later than 30 days from the date of the complaint, and we will inform you about its handling via e-mail. In the event that the complaint is accepted, we will send you the repaired Goods or exchange the Goods for new goods or return the paid Price of the Goods to you, unless we agree otherwise.
    • If it is a defect that we can eliminate, you have the right to have the defect rectified free of charge, in good time and properly. We will remove the defect of the Goods without undue delay.
    • Instead of eliminating the defect, you may request the replacement of the Goods or, if the defect concerns only a part of the Goods, the replacement of this part, in cases where we do not incur disproportionate costs due to the Price of the Goods or the severity of the defect.
    • Instead of eliminating the defect of the Goods, we can always replace the defective Goods with perfect ones, if this does not cause you serious difficulties.
    • If it is a defect of the Goods which cannot be removed and which prevents you from being able to use the Goods properly as defect-free goods, you have the right to exchange the Goods or you have the right to withdraw from the Contract. The same rights belong to you in the case of remediable defects, but you cannot use the Goods properly due to the recurrence of the defect after repair or for a larger number of defects.
    • In the case of other irreparable defects, you are entitled to a reasonable discount on the Price of the Goods.
    • We will settle the complaint by handing over the repaired Goods, exchanging the Goods, returning the Price of the Goods, paying a reasonable discount from the Price of the Goods, a written request to take over the performance (Goods) or a justified rejection of the complaint.
  6. The exercise of rights from liability for defects and complaints of the Goods is governed by the provisions of § 619 et seq. Of the Civil Code, Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the “Consumer Protection Act”), and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller’s premises and on the amendment of certain laws as amended (hereinafter the “Distance Consumer Protection Act”).
  7. If you are an entrepreneur, it is your responsibility to report and reprimand the defect without undue delay after you have discovered it, but no later than within 3 days of receiving the Goods.
  8. If you are a consumer, you have the right to exercise your liability for defects that occur in the consumer Goods within 24 months of receipt of the Goods.

7.  WITHDRAWAL FROM THE CONTRACT

  1. Withdrawal from the Agreement, ie the termination of the contractual relationship between us and you from the beginning, may occur for the reasons and in the ways specified in this article, or in other provisions of the Conditions, in which the possibility of withdrawal is explicitly stated.
  2. In the event that you are a consumer, ie a person purchasing the Goods outside the scope of your business, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with § 7 of the Consumer Protection Act. In the event that we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods, and if we have entered into a Contract under which we will deliver the Goods to you regularly and repeatedly, begins on the day of delivery of the first delivery. You may withdraw from the Agreement in any provable manner (in particular by sending an e-mail or letter to our addresses listed under Our identification data). To withdraw, you can also use the sample form provided by Our site, which forms Annex no. 2 Terms.
  3. However, even as a consumer, you may not withdraw from the Agreement in cases where the subject of the Agreement is Goods that have been made to your special requirements, that have been made to measure for you or Goods designed specifically for one consumer – applies to all SmartKeeper Professional products;
  4. Withdrawal period according to Art. 7.2 The Terms and Conditions shall be deemed to have been complied with if you send us a notice that you withdraw from the Agreement during the course of the Terms and Conditions.
  5. In the event of withdrawal from the Agreement, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected in the withdrawal from the Agreement. However, the amount will not be refunded until you return the Goods to Us or prove that it has been sent back to Us. Goods Please return to us clean, if possible including the original packaging.
  6. In case of withdrawal from the Contract according to Art. 7.2 You are obliged to send the Goods to Us within 14 days of the withdrawal, to hand over the Goods to Us or to a person authorized by us to take over the Goods, while you bear the costs of returning the Goods to Us. This does not apply if we agree to pick up the Goods in person or through a person authorized by us. The deadline is maintained if the Goods were handed over for transport no later than on the last day of the deadline.
  7. You are liable for damage in cases where the Goods will be damaged as a result of your handling differently than it is necessary to handle due to its nature and properties. In such a case, we will bill you for the damage caused after the Goods are returned to us and the due amount is 14 days. In the event that we have not yet returned the Price to you, we are entitled to set off the receivable due to costs against your receivable for the refund of the Price.
  8. We are entitled to withdraw from the Contract due to the sale of stocks, unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Contract has discontinued production or made major changes that prevented the performance of our obligations under the Contract or due to force majeure, or if we will not be able to deliver the Goods to you within the period specified in these Terms and Conditions. In these cases, we are obliged to inform you of this fact without undue delay and return the Total Price already paid to you, within 14 days from the date of notification of withdrawal from the Contract. We will refund the paid Total Price for the Goods in the same way as you paid the Total Price, without prejudice to the right to agree with you on another method of refund if no additional fees are charged in connection therewith.
  9. We are entitled to withdraw from the Contract even if you have not taken over the Goods within 5 working days from the day when you became obliged to take over the Goods.

8. SUBMISSION OF SUGGESTIONS AND COMPLAINTS

  1. As a consumer, you are entitled to submit complaints and grievances in writing via e-mail to: smartkeeper@bbi-intl.com.
  2. We will inform you by e-mail sent to your e-mail about the assessment of the complaint or complaint.
  3. The supervisory authority is the Slovak Trade Inspection Authority (SOI), the SOI Inspectorate for the Bratislava Region, with its registered office at Bajkalska 21 / A, 827 99 Bratislava, tel. no. 02/582 721 03.
  4. If you are not satisfied with the handling of your complaint or complaint, you can also submit a complaint electronically via the platform available on the website https://www.soi.sk/sk/ Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.

9. ALTERNATIVE CONSUMER DISPUTE RESOLUTION

  1. Ďalej máte právo začať mimosúdne riešenie sporov online prostredníctvom platformy ODR dostupnej na webovej stránke https://ec.europa.eu/commission/presscorner /detail/sk/IP_16_297, https://ec.europa.eu/consumers/odr/main/index.cfm ?event=main.home2.show&lng=SK .
  2. You have the right to contact us for redress, via e-mail sent to: smartkeeper@bbi-intl.com, if you are not satisfied with the way we have handled your complaint or if you believe that we have violated your rights. If we respond to your request in a negative manner or do not respond within 30 days of its submission, you have the right to submit a proposal for the initiation of alternative dispute resolution to the subject of alternative dispute resolution (hereinafter referred to as the “Entity”) pursuant to Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts, as amended. (hereinafter referred to as the “Alternative Dispute Resolution Act”).
  3. The entities are bodies and authorized legal entities pursuant to Section 3 of the Alternative Dispute Resolution Act and their list is published on the website of the Ministry of Economy of the Slovak Republic.
  4. You can submit the application in the manner specified pursuant to Section 12 of the Alternative Dispute Resolution Act.
  5. You also have the right to initiate out-of-court dispute resolution online through the ODR platform available at https://ec.europa.eu/commission/presscorner /detail/sk/IP_16_297 or https://ec.europa.eu/consumers/odr/main/index.cfm ?event=main.home2.show&lng=SK

10. FINAL PROVISIONS

  1. If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Slovak Republic), the relationship will always be governed by the law of the Slovak Republic. However, if you are a consumer, this agreement does not affect your legal rights.
  2. We will deliver all written correspondence with you by e-mail. Our e-mail address is listed next to our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you have contacted us.
  3. The contract can only be changed on the basis of our written agreement. However, we are entitled to amend these Terms, but this change will not affect the Contracts that have already been concluded, but only the Contracts that will be concluded after the effective date of this change. We will send information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive a notice of the concluded Contract for regular and repeated deliveries of the Goods from you within 14 days of sending the information about the change, the new conditions become part of our Contract and apply to the next delivery of the Goods following the change effective. The notice period if you give notice is 2 months.
  4. In case of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractors’ failures, etc.), we are not liable for damage caused by or in connection with force majeure or unforeseeable events, and if this situation lasts for a period for more than 10 days, you and you have the right to withdraw from the Agreement.
  5. A sample form for complaints and a sample form for withdrawal from the Contract are attached to the Conditions.
  6. The Agreement, including the Terms, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and Conditions of the Order with a summary of the Order by e-mail and you will therefore always have access to the Agreement even without our cooperation. We always recommend that you save the Order confirmation and Conditions.
  7. No codes of conduct apply to our activities according to § 3 par. 1 letter n) of the Act on Consumer Protection in Distance Selling.
  8. These Terms and Conditions valid from 01. 01. 2022.