GENERAL TERMS AND CONDITIONS OF THE E-SHOP


Article I
Basic provisions

  1. These General Terms and Conditions govern the rights and obligations between the Buyer or Consumer (hereinafter referred to as the "buyer / consumer") and the Seller when concluding a purchase contract via the Internet via the e-shop kutuskutus.sk (hereinafter referred to as "GTC").

  2. The Seller and operator of the kutuskutus.sk e-shop is KUTUS EU s.r.o. having its registered office at Magnezitárska 5, Košice 040 13, ID: 36 597 686, registered in the Commercial Register of the District Court of Košice I, section: Sro, insert no. 17072/V, Name and surname of the responsible (contact) person: Jozef Farkaš, e-mail: objednavky@kutuskutus.sk, contact: +421 903 99 88 00

  3. The Buyer is any entrepreneur (natural person or legal entity) who buys goods through the e-shop www.kutuskutus.sk and who has sent an electronic order processed by the e-commerce system following his own authorization.

  4. Consumer means a natural person who, when concluding and fulfilling a consumer contract by purchasing goods through the kutuskutus.sk e-shop, does not act within the scope of his business, employment or profession and who has sent an electronic order processed by the e-commerce system following his authorization.

  5. Electronic order means an electronic form containing information about the Buyer / Consumer , a list of goods ordered from the offer of the www.kutuskutus.sk e-shop and the price of these goods, processed by the e-shop system.

  6. Goods are products that are offered by the Seller for purchase via the kutuskutus.sk e-shop. Goods made according to special requirements of the Buyer / Consumer means goods that were specially ordered from the supplier of the Seller for a specific Buyer / Consumer based on the specifications given by the Buyer / Consumer and for which the Seller requested an advance payment to pay the purchase price.

  7. The Seller hereby informs Buyers and Consumers that the supervisory authority is: Inspectorate of the Slovak Trade Inspection for the Košice Region, Vrátna no. 3, P. O. BOX A-35, 040 65 Košice 1, Supervision Department, Phone: (+421) 055/729 07 05; 055/622 76 55, fax: 055/622 46 95

  8. The Seller shall enable each Customer / Consumer to get acquainted with the wording of these GTC by publishing them on the e-shop website, i.e. kutuskutus.sk

  9. The GTC form an integral part of the purchase contract. If the Seller and the Buyer / Consumer enter into a written purchase agreement in which they agree on business conditions deviating from these GTC, the agreed provisions of such purchase agreement will take precedence over the wording of these GTC.

  10. The list of goods on the website of the kutuskutus.sk e-shop forms the catalogue of the goods offered, together with a brief description of each product. The Seller does not guarantee immediate availability of all listed goods.

  11. All contractual relations between the Seller and the Buyer / Consumer are governed by the law of the Slovak Republic. If the contracting party is a Consumer, the relations not regulated by these GTC shall be governed by Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"), Act no. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”) and Act no. 102/2014 Coll. on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contract and on the amendment and supplement to certain acts as amended. If the contracting party is a legal entity or a natural person - entrepreneur, relations not regulated by these GTC shall be governed by Act no. 513/1991 Coll. Commercial Code as amended.


Article II
Order, Concluding a Contract

  1. The condition for the validity of the electronic order is the true and complete completion of all data required by the registration form.

  2. The description of the goods, its properties, availability in stock and its price are given for individual items of the offered goods on the kutuskutus.sk e-shop. The images of goods and information about the availability of goods in stock are for information only.

  3. After pressing the "Add to cart" button, the item will be added to the shopping cart of the Buyer / Consumer . The shopping cart of the Buyer / Consumer can be viewed and individual items of the order can be changed at any time during the creation of the electronic order.

  4. During the purchase, the Buyer / Consumer chooses the method of payment and transport of goods from the options offered by the Seller. If the Seller offers several ways of transport of the goods, the price for transport will be added to the price for individual goods according to the selected type of transport. If the price of transport is not to be paid by the Buyer / Consumer , the Buyer / Consumer will be informed about this fact in the final check of the electronic order. The Buyer / Consumer will also be informed about the price of transport or any discount on the price of transport during the purchase.

  5. The Buyer / Consumer completes his electronic order by pressing the "Order with payment obligation" button. Before sending the electronic order, the Buyer / Consumer will see a link to these GTC.

  6. By sending the electronic order, the Buyer / Consumer confirms that he had the opportunity to get acquainted with a) the properties of the goods and b) the total price that he is obliged to pay to the seller.

  7. After sending the electronic order, it will be registered in the e-shop system and at the same time the Seller will send the following information to the e-mail address of the Buyer / Consumer:
    a) notification of receipt of the order with information on the ordered goods;
    b) information on the exercise of the right of withdrawal from the contract, including a form for exercising this right;
    c) a reference to the wording of the GTC, valid and effective at the time of creation of the order by the Buyer / Consumer;
    d) a link to the return policy of the Seller, which forms a part of these GTC.

  8. All received electronic orders are considered a proposal to conclude a purchase contract and are not considered binding on the part of the Seller. An "Order receipt notification" from the Seller's electronic system, which the Buyer / Consumer receives at his e-mail address immediately after sending his order, is not considered as binding acceptance of the order. The said notice of receipt of the order is for information only and serves exclusively to inform the Buyer / Consumer of the receipt of his order. The order receipt notification contains a general summary of the order with information about the ordered goods.

  9. The acceptance of the Buyer's / Consumer's proposal for the conclusion of the purchase contract by the Seller and thus the conclusion of the purchase contract occurs at the moment of delivery of the "Order confirmation notice" to the e-mail address of the Buyer / Consumer.

  10. The subject of the concluded purchase contract is the obligation of the Buyer / Consumer to pay the agreed purchase price for the goods (including all packaging and postage charges), if he has not paid it during the electronic order process, and take over the goods at the place of delivery, and the Seller's obligation to deliver the ordered goods to the place of delivery designated by the Buyer / Consumer.

  11. The Buyer / Consumer is not individually entitled to conclude the purchase contract. The Seller is entitled to reject the proposal to conclude a purchase contract without giving a reason.

  12. Any change of the electronic order after the conclusion of the purchase contract is regarded a proposal to change the content of the purchase contract and is possible only by mutual agreement of the Buyer / Consumer and the Seller. The Seller is not obliged to accept the changes to the content of the purchase contract proposed by the Buyer / Consumer.


Article III
Price, Payment Terms, Invoicing

  1. The goods and their prices are displayed and updated on the website: kutuskutus.sk

  2. The price is agreed by placing the customer / consumer order and any other items as final. The price does not include the cost of delivery of the goods or any other costs, unless otherwise stated in the description of the goods.

  3. The prices listed on the kutuskutus.sk website apply exclusively to purchases via the website.

  4. All promotions listed on this website are valid until stocks are exhausted.

  5. Delivery costs are listed on the kutuskutus.sk website in the "shipping" section

  6. The price of transport applies to transport within the Slovak Republic.

  7. The Customer / Consumer is obliged to pay the full amount for the ordered goods in one of the following ways:
    a) cash on delivery + EUR 1 - the full price of the goods will be paid to the delivering person upon receipt of the goods,
    b) using a payment gateway (payment card); the goods will be sent to the Customer / Consumer only after the payment of the relevant price of the goods has been confirmed,
    c) by transfer to the bank account via the Seller's TatraPay service; the goods will be sent to the Buyer / Consumer only after the relevant amount has been credited to the Seller's bank account
    d) in cash at personal collection of the goods.

  8. The proof of sale is an electronic invoice, which also serves as a delivery and warranty card.

  9. The Seller will issue an invoice for the delivered goods in accordance with the provisions of Act no. 222/2004 Coll. on VAT. The Buyer, who is a VAT payer, agrees that additional discounts provided (bonus invoices / credit notes / corrective documents) can be credited without VAT in accordance with §25 Art. 6 of Act no. 222/2004 Coll. on VAT.

  10. By providing his email, the Buyer / Consumer agrees to the sending of invoices electronically in accordance with §71 et seq. of Act no. 222/2004 Coll. on VAT. The electronic invoice will be made in PDF format and will be sent to the email designated by the Buyer / Consumer. The electronic invoice does not have to be signed with a guaranteed electronic signature.

  11. The method of sending invoices (electronically, by post or together with the goods) to the Buyer / Consumer will be chosen by the Seller, unless the parties have expressly agreed in writing on a specific method of sending invoices.

  12. The Buyer / Consumer is obliged to check the conformity of the invoice or electronically issued invoice and compare it with the actually delivered goods without undue delay. If the Buyer / Consumer has doubts regarding the content, accuracy or credibility of the invoice, he is obliged to immediately contact the Seller at objednavky@kutuskutus.sk


Article IV
Delivery terms

  1. The Seller will deliver the goods to the Buyer / Consumer as soon as possible after receiving payment of the full purchase price including shipping costs for the ordered goods to his account; delivery times are listed on the Seller's website. The Buyer / Consumer acknowledges that the stated delivery times are indicative. The Buyer / Consumer agrees to extend the delivery time if it is necessary due to the production of the ordered goods or other circumstances. If the Seller is not able to deliver all the ordered goods to the Buyer / Consumer within the agreed time, the seller will notify the Buyer / Consumer as soon as possible and inform him about the expected delivery date of the ordered goods or suggest the delivery of alternative goods.

  2. The place of performance means the place of delivery indicated by the Buyer / Consumer in the electronic form. The goods will be delivered by the Seller using the services of third parties (Slovak Post or courier service), or the Seller will deliver the goods by his own means, or, upon agreement with the Buyer / Consumer, the goods will be prepared at a pre-agreed entity or collection point or dispensing point (zásielkovňa.sk).

  3. The goods are considered delivered at the moment when the Buyer / Consumer or a third party designated by him, with the exception of the carrier, collects all parts of the ordered goods, or if:
    a) the goods ordered by the Buyer / Consumer in one order are delivered separately, at the moment of collecting the goods that were delivered last,
    b) he delivers goods consisting of several parts or pieces, at the moment of collecting the last part or piece,
    c) he delivers the goods repeatedly during a specified period, at the time of collecting the first goods delivered.

  4. When collecting the goods, the Buyer / Consumer is obliged to check the physical integrity and completeness of the shipment and confirm these on the consignment note. If the shipment is visibly damaged, destroyed or incomplete, the Buyer / Consumer is obliged to contact the Seller immediately without collecting the shipment; upon delivery of the goods (by courier or post) or collection of the goods (at a pre-agreed place, collection point or dispensing point) by the Buyer / Consumer, the Buyer / Consumer is obliged to write a protocol on these facts. Any subsequent claims regarding the quantity and physical damage to the goods will not be accepted. Shipping costs are not included in the price of the goods.

  5. In the case of delivery of goods abroad, the Seller and the Buyer / Consumer agree on the delivery and payment terms individually.

  6. The Buyer / Consumer shall state in the electronic order the form in which the ordered goods are to be delivered to him. If the Buyer / Consumer chooses to pick up the goods in person, he can only pick up the goods after receiving the Seller's e-mail stating that he the goods are ready to be collected at the collection point.

  7. If the Customer / Consumer unreasonably refuses to collect the properly delivered goods, he is obliged to reimburse the Supplier for the costs incurred to him when trying to deliver the goods to the Customer / Consumer.

  8. The goods remain the property of the Seller until full payment of the purchase price and collection by the Buyer / Consumer, but the risk of damage to the goods passes to the Buyer / Consumer at the moment when the goods are collected by the Buyer / Consumer.

  9. The Seller is entitled to withdraw from the contract due to running out of stock, unavailability of goods, or if the manufacturer, importer or supplier has discontinued production or made such significant changes that prevented the fulfilment of the Seller's obligations under the contract or due to force majeure, or if he shall not be able to deliver the goods to the Buyer / Consumer within the time limit set by these GTC or at the price indicated in the e-shop. The Seller is obliged to immediately inform the Buyer / Consumer of this fact and return the purchase price / deposit already paid for the goods within 14 days of notification of withdrawal from the contract by transfer to the account from which he received the payment or to the account designated by the Buyer / Consumer.


Article V
Return Policy

This return policy apply to products purchased in the kutuskutus.sk e-shop from the Seller KUTUS EU s.r.o. with registered office at Magnezitárska 5, Košice 040 13, ID: 36 597 686, registered in the Commercial Register of the District Court of Košice I, section: Sro, insert no. 17072/V. If the Buyer is an entrepreneur (natural person or legal entity), claims for defective goods are subject to the procedure of the Commercial Code. If the Buyer is a consumer, claims for defective goods will be handled in accordance with the Civil Code and the Consumer Protection Act.

  1. The Consumer is provided with a general warranty period of 24 months for all goods offered, unless another warranty period (best before date) corresponding to the nature of the goods is stated on the packaging of the goods. If the best before date is not stated on the packaging of the goods, it may be indicated by an open cup symbol on the packaging followed by the period (in months or years) during which the product is safe and can be used after being opened. Due to the nature of the goods sold, the goods must be stored out of direct sunlight, at a temperature of 10°C to 30°C. The warranty period for used goods is 12 months. The warranty period for the goods begins to run from the date of receipt of the goods by the Consumer. The warranty does not cover damage to the goods caused by improper storage / use or normal wear of the goods caused by its normal use. Therefore, this fact will not be regarded as an eligible reason for a claim. An allergic reaction or other medical condition cannot be considered an error or defect of the goods, as it is an individual reaction to a certain component in a given product. The proof of purchase issued by the Seller fulfils the function of a warranty card.

  2. The Buyer / Consumer undertakes to inspect the goods thoroughly immediately after receipt, and in the event of a defect, he shall immediately notify the operator in writing (by e-mail). In the event that a defect in the goods occurs during the warranty period, the Buyer may claim the goods. However, he must do so immediately after the occurrence of such a defect. If these defects are reported later, the Seller will not accept the complaint (this applies in particular to defects that could arise when using the goods).

  3. The Buyer / Consumer is entitled to exercise warranty rights only to goods purchased from the Seller and only to goods that have defects caused by the manufacturer, supplier or Seller.

  4. The Buyer / Consumer is entitled to file a complaint electronically at: objednavky@kutuskutus.sk

  5. The complaint procedure for goods that can be delivered begins on the day the following conditions are met:
    - delivery of a written complaint to the Seller,
    - delivery of defective goods together with their accessories (delivery note or guarantee letter, proof of payment and documentation and instruction manuals to the goods),
    - by providing co-operation, if it is necessary for making and handling the complaint.

  6. The Seller reserves the right not to accept the claimed goods sent to the Seller via the “cash on delivery” method.

  7. The Seller undertakes to handle complaints within 30 days, in accordance with Act no. 250/2007 Coll. on Consumer Protection. The Seller will inform the Consumer in advance if it is necessary to extend the time for resolving the complaint for goods that must be sent for repair to the manufacturer, or if an expert assessment of the claimed defect is necessary. In this case, the complaint period will be extended accordingly. If the complaint exceeds 30 days and the Consumer does not agree to extend the complaint period, the Consumer has the right to withdraw from the contract or request an exchange of goods.

  8. The Seller does not accept the warranty and the claim cannot be made if the error (defect) occurred due to improper handling of the goods, improper use of the goods, mechanical damage, its operation in unsuitable conditions or unauthorized intervention in the product; the Buyer / Consumer is fully responsible for such defects. Defects caused by natural disasters are also excluded from the warranty.

  9. The right to file a complaint with the Seller during the warranty period expires in the following cases:
    - no proof of payment or other related documentation is provided,
    - obvious deficiencies were not reported upon receipt of the goods,
    - the warranty period (best before date) of the goods has expired,
    - mechanical damage to the goods was caused by the Buyer / Consumer,
    - improper handling, operation or neglect of care of the goods,
    - damage to the goods by excessive loading or use in conflict with common practice, general principles, technical standards or regulations in force in the Slovak Republic,
    - using the goods in conditions which, due to their humidity, chemical and mechanical influences, do not correspond to the natural environment,
    - damage to the goods by unavoidable or unforeseeable events,
    - accidental damage and accidental deterioration of the goods,
    - unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or force majeure.

  10. If the Consumer makes a claim for the goods within the first 12 months of purchase, the Seller may reject the claim only on the basis of expert assessment. Irrespective of the outcome of the expert assessment, the Consumer may not be required to pay the costs of the expert assessment or other costs related to the expert assessment. The Seller is obliged to provide the Consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the date of handling the claim.

  11. If the Consumer has filed a complaint for the goods 12 months after the purchase and the Seller has rejected it, the Seller shall state in the document on handling the claim to whom the Consumer can send the goods for expert assessment. If the goods are sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related purposefully incurred costs, shall be borne by the Seller, regardless of the result of the expert assessment. If the Consumer proves by expert assessment that the Seller is responsible for the defect, he can file the complaint again; the warranty period does not run during the expert assessment. The Seller is obliged to reimburse the Consumer within 14 days from the date of repeatedly filing the claim all costs incurred for expert assessment, as well as all related purposefully incurred costs. The repeatedly filed claim may not be rejected.

  12. In the case of a removable defect, the Consumer has the right to have the defect removed free of charge, in good time and properly. The Seller is obliged to remove the defect without undue delay. The Consumer may, instead of removing the defect, request an exchange of the item or, if the defect concerns only a part of the item, an exchange of this part, provided that the Seller does not incur disproportionate costs due to the price of the goods or the severity of the defect. Instead of removing the defect, the Seller can always replace faulty goods with faultless ones, if this does not cause serious inconvenience to the Consumer. Wear that is characteristic of the material or use is not considered a defect. There is no defect to the goods if it follows from the nature of the sold item that its lifespan is shorter than the warranty period and if complete wear occurs during normal use of such an item before the expiration of the warranty period.

  13. If the defect cannot be removed and prevents the item to be used properly as an item without defects, the Consumer is entitled to have the item exchanged or to withdraw from the contract. The Consumer is entitled to the same rights if the defects are removable, but the Consumer is unable to use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. If the defects cannot be removed, the Consumer is entitled to a reasonable discount on the price of the item.

  14. When making a claim, the Seller shall determine the method of handling the claim immediately or, in complex cases, no later than 3 working days from the date of making the claim, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of making the claim. After determining the method of handling the claim, the claim will be settled immediately; in justified cases, the claim can be settled later; however, the settlement of the claim may not take longer than 30 days from the date of making the claim. After the expiration of the period for handling the claim, the Buyer has the right to withdraw from the contract or has the right to have the product exchanged for a new one.

  15. Claim handling means the termination of the claim procedure by handing over the repaired goods, exchanging the goods, returning the purchase price of the goods, paying a reasonable discount on the price of the goods, a written request to take over the performance or its justified rejection. The Seller is obliged to issue a written document on the handling of the claim no later than 30 days from the date of making the claim. In the event of a justified claim, the Seller will reimburse the consumer for all reasonable costs associated with the claim.


Article VI
Withdrawal from the Contract

Return of goods - withdrawal from the contract without giving a reason

  1. The Buyer is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods. This right can be exercised only by the Consumer.

  2. The goods are considered to have been taken over by the Buyer at the moment when the Buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if a) the goods ordered by the Buyer in one order are delivered separately, at the moment of taking over the last delivered goods, or, if b) the goods delivered consist of several parts or pieces, at the moment of taking over the last part or the last piece, or, if c) the goods are delivered repeatedly during a defined period, at the moment of taking over the first delivered goods.

  3. The Consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawal from the contract.

  4. The Consumer may not withdraw from a contract the subject of which is:
    - the sale of goods made to the Consumer's specific requirements, custom-made goods or goods intended specifically for one Consumer,
    - the sale of goods which are subject to rapid reduction in quality or deterioration,
    - the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been damaged after delivery,
    - sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery.

  5. The Consumer can exercise the right to withdraw from the contract in writing or on another durable medium (e.g by e-mail), or by sending a completed form, which is available at www.kutuskutus.sk in the section "Withdrawal from the contract"
    The right to withdraw from the contract can be exercised by sending a notice of withdrawal from the contract on the last day of the 14-day period.

  6. Upon receipt of the notice of withdrawal, the Seller shall return to the Consumer, within 14 days at the latest, all payments received from him under or in connection with the contract, including transport, delivery and postage charges, as well as other costs and charges. The Seller shall refund the payment to the Consumer's account from which the payments were made to the Seller, if the Consumer's account can be determined, unless the Consumer has specified a different account number in withdrawal from the contract or unless the Consumer has agreed on another method of refund.

  7. The Seller is not obliged to reimburse the Consumer for additional costs if the Consumer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the Seller. Additional costs are the difference between the delivery costs chosen by the Consumer and the costs of the cheapest standard delivery method offered by the Seller.

  8. Upon withdrawal from the contract, the Seller is not obliged to return the payment to the Consumer before the goods are delivered to him or until the Consumer proves the return of the goods to the Seller, unless the Seller proposes to collect the goods in person or through a person authorized by him.

  9. The Consumer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This time limit shall be deemed to have been observed if the goods were handed over for transport not later than on the last day of the time limit.

  10. Upon withdrawal from the contract, the Consumer bears only the cost of returning the goods to the Seller or the person authorized by the Seller to take over the goods and also the cost of returning the goods, which due to their nature cannot be returned by post.

  11. The Consumer is responsible for the reduction in the value of the goods resulting from the handling of the goods, which is beyond the scope of the handling necessary to determine the characteristics and functionality of the goods.

  12. After delivery of the goods, the Consumer may test its functionality, but he may not use the goods if he withdraws from the contract. In order to determine the nature, characteristics and functionality of the goods, the Consumer should handle and inspect the goods only in the way that would be possible in the "store". The Consumer is required to handle and inspect the goods with due care during the withdrawal period.

  13. Alternative dispute resolution
    The Consumer his entitled to ask the Seller for correction (for example by e-mail), if he is not satisfied with the way in which the Seller has handled his claim or if he believes that the Seller has violated his consumer rights. If the Seller rejects this request or does not respond within 30 days, the Consumer has the right to apply for an alternative dispute resolution at the subject for alternative dispute resolution (hereinafter referred to as the "ADR subject") under Act no. 391/2015 Coll. as amended. ADR subjects are bodies and authorized legal entities according to §3 of Act no. 391/2015 Coll. The list of ADR subjects can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The Consumer can submit the proposal in the way set by §12 of Act no. 391/2015 Coll.
    The Consumer can also lodge a complaint through the RSO alternative dispute resolution platform, which is available online at
    https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
    Alternative dispute resolution can only be used by a Consumer - a natural person who does not act within the subject of his business activity, employment or profession when concluding and fulfilling a consumer contract. Alternative dispute resolution only concerns a dispute between a Consumer and the Seller arising out of or in connection with a consumer contract.


Article VII
Privacy

Identification of the Seller as the Controller:
KUTUS EU s.r.o. with its registered office at Magnezitárska 5, Košice 040 13, company ID: 36 597 686, registered in the Commercial Register of the District Court of Košice I, section: Sro, insert no. 17072/V, Name and surname of the responsible (contact) person: Jozef Farkaš, e-mail: objednavky@kutuskutus.sk, contact: +421 903 99 88 00

  1. The purpose of processing personal data is to fulfil the purchase contract, which the Seller has concluded with the Buyer / Consumer by creating an electronic order in the kutuskutus.sk e-shop. This purchase contract forms the legal basis for the processing of personal data of the Buyer / Consumer. The provision of personal data of the Buyer / Consumer is a contractual requirement that is necessary to conclude the contract. Provision of personal data is a condition for purchasing products in the Seller's e-shop. Failure of the Buyer / Consumer to provide all the required personal data to the Seller may result in failure to conclude the purchase contract.

  2. The Seller declares that in processing personal data he proceeds in accordance with Act no. 18/2018 Coll. on the Protection of Personal Data and on the amendment and supplement to certain acts (hereinafter referred to as "ZOOU") and Regulation (EU) 2016/679 (General Data Protection Regulation) (hereinafter referred to as GDPR), and that he has taken appropriate technical and organizational measures to ensure a level of security commensurate with the risk, taking into account the latest knowledge, the costs of implementing the measures, the nature, scope, context and purpose of personal data processing and risks of varying probabilities and severity for the rights of natural persons.

  3. When concluding purchase contracts, the Seller processes the Consumer's personal data on a legal basis in accordance with the provisions of §13 Art. 1 letter b) of ZOOU, as the processing of Personal Data is necessary for the performance of the purchase contract to which the Consumer is a party as the person concerned, or for the implementation of a pre-purchase measure at the request of the Consumer as the data subject and is therefore necessary for the obligations under the purchase contract, especially when issuing an invoice, contacting the consumer in connection with the processing of his order and delivery of the ordered goods.

  4. The Seller processes the consumer's personal data to the extent justified to achieve the purpose of processing in accordance with applicable law on personal data protection.

  5. The personal data of the Buyer / Consumer shall be stored in the Seller's information system for a period of 10 years.

  6. For the purposes of fulfilling the purchase contract, personal data may be provided to third parties - delivery companies (couriers) and the company that processes accounting documents.

  7. Personal data of the Buyer / Consumer will not be disclosed.

  8. The Buyer / Consumer has the right to obtain from the Seller a confirmation of what personal data of the Buyer are processed in the e-shop of the Seller. The Buyer / Consumer has the right to access such data as well as information on what purpose they are processed, what categories of data are processed, to whom the personal data are provided, how long they are stored, and whether there is automated individual decision-making, including profiling.

  9. The first provision of the above personal data to the Buyer / Consumer is free of charge. Repeated provision of personal data requested by the Buyer / Consumer will be charged an administrative fee of € 5.

  10. The Buyer / Consumer may request the Seller to correct or supplement incomplete personal data concerning the Buyer / Consumer. The Buyer / Consumer may request the deletion of his personal data or restricted processing of this data. The Buyer / Consumer may also object to the processing of personal data.

  11. The processing of personal data by the Buyer is also necessary for the purposes of archiving (to meet the Seller's obligations under Slovak law, such as keeping accounting documents for 10 years). If the Buyer / Consumer requests the deletion of personal data processed in connection with the purchase contract, his request may be rejected.

  12. The Buyer / Consumer has the right to request from the Seller to restrict the processing of his personal data if the Buyer objects to the accuracy of the personal data, during a period allowing the Seller to verify the accuracy of the personal data.

  13. The Buyer / Consumer has the right to obtain the personal data which he has provided to the Seller in a structured, commonly used and machine-readable format. The Buyer / Consumer has the right to transfer this personal data to another operator, if technically possible.

  14. The Buyer / Consumer has the right to object if his personal data is processed for direct marketing purposes. He may also object if his personal data are processed for the purposes of the legitimate interest of the Seller.

  15. If the Buyer / Consumer suspects that his personal data is being processed unjustifiably, he may submit a proposal to the Office for Personal Data Protection to initiate proceedings on personal data protection.

  16. The above information on personal data protection also applies to pre-contractual relationships (i. e. registration in the e-shop for the purpose of future purchase or e.g. requesting an inquiry, price offer or information about the goods and services of the Seller).

  17. In order to ensure the proper functioning of the e-shop, the Seller can store small data files -cookies - on the Buyer's / Consumer's device, thanks to which the e-shop can store data on his activities and settings (e. g. login name, language, font size, etc.). The Seller's e-shop uses cookies to remember the Buyer's / Consumer's user settings and for the necessary functionality of the e-shop, or for marketing purposes. The Buyer / Consumer can delete all cookies stored on his device and, if necessary, set the internet browser on his device to prevent their storage. In this case, the Buyer / Consumer may need to manually adjust some settings when visiting the e-shop again and may not be able to use some of the e-shop services or features.


Article VIII
Final provisions

  1. The Seller reserves the right to unilaterally change these General Terms and Conditions. Any changes to these GTC shall take effect on the day of their publication on the website www.kutuskutus.sk. The obligation to notify a change to these General Terms and Conditions in writing is fulfilled by publishing them on the website kutuskutus.sk.
  2. These GTC shall take effect on 2 November 2020