Terms and conditions

I. Basic provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act No. 40/1964 Coll. the Civil Code as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on the consumer protection and on the changes of law of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance selling contract or a contract concluded outside the seller's premises and on amendments and additions to certain acts (hereinafter referred to as the "Act on Consumer Protection in Distance Selling")

Konsuma s.r.o
Lermontovova 911/3
81105 Bratislava

Company registration number (IČO): 56392524
Tax identification number (DIČ): 2122295868
VAT reference number (IČ DPH): SK2122295868

The company is registered in the Commercial Register of the City Court in Bratislava III, Section: Sro, Insert No.: 180025/B.

Contact details:

E-mail: hello@konsuma.sk

(hereinafter referred to as the "Seller")

These terms and conditions govern the mutual rights and obligation between the Seller and the individual who enters into a purchase contract (hereinafter referred to as the "Buyer") through the web interface located on the website available at titanklip-shop.com (hereinafter referred to as the "Online Store").
The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the contract of sale are concluded in the English language.

II. Information about goods and prices

Information about the goods, including the prices of the individual goods and their key features are listed for each item in the catalogue of the online store. The prices of the goods are inclusive of value added tax, all related charges, and the cost of returning the goods if these goods by their nature cannot be returned by post. The prices of the goods remain valid for as long as they are displayed in the online shop.
All presentations of goods placed in the catalogue of the online store are of an informative nature and the seller is not obliged to enter into a contract of sale in respect of these goods.
Information on the costs associated with the packaging and delivery of goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online store is valid only if the goods are delivered within the territory of the United States of America.
Any discounts on the purchase price cannot be combined, unless otherwise agreed between the Seller and the Buyer.

III. Order and Conclusion of the Purchase Contract

Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.
The buyer orders the goods in the following ways:

via their customer account, after prior registration in the online shop,
by filling out the order form without registration.

When placing an order, the buyer selects the goods, the amount of goods, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The data provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that they have read these terms and conditions.
Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation to the email address provided by the Buyer when placing the order. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's up-to-date terms and conditions. The purchase contract is concluded by the confirmation of the order by the Seller to the Buyer's email address.

In the case that any of the requirements stated in the order cannot be fulfilled, the Seller will send an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and in such case the purchase contract shall be concluded by the Buyer's confirmation of this offer to the Seller's email address specified in these Terms and Conditions.
All orders received by the Seller are binding. The Buyer may cancel the order until they receive a notification of receipt of the order from the Seller. The Buyer may cancel an order via phone or email of the Seller set out in these terms and conditions.
In the event of an obvious technical error on the part of the Seller in the indication of the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these terms and conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new draft purchase contract and the purchase contract shall be concluded in such case by the confirmation of receipt by the Buyer to the Seller's email address.

IV. Customer account

Based on the buyer's registration made in the online shop, the buyer can access their customer account. From their customer account, they can order goods. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account. The data provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
The buyer is not entitled to allow third parties to use the customer account.
The Seller may cancel the user account, in particular if the Buyer does not use their user account for a longer period of time or if the Buyer breaches their obligations under the Purchase Agreement or these Terms and Conditions.
The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

V. Terms of payment and delivery

The price of the goods and any costs associated with them under the purchase contract may be paid by the buyer in the following ways:

Paypal
Payment by card
Cash on delivery
Bank transfer

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
In case of cash payment, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.
In the case of payment through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
The Seller shall not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.
According to Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, no later than 48 hours in case of technical failure.
The goods are delivered to the buyer:

to the address specified by the buyer in the order,
via the dispatch office to the address of the dispatch office designated by the buyer.

The choice of delivery method is made when ordering the goods.
The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed on the basis of a special request by the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take the goods upon delivery. In the event that, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of any damage to the packaging indicating tampering, the Buyer may not accept the goods from the carrier.
The Seller shall issue the Buyer a tax document - invoice. The tax document is sent to the buyer's email address.
The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in breach of the contract of sale.

VI. Withdrawal from the contract

A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.
If the purchase contract is concluded remotely (via an online shop) or outside the Seller's premises, and at the same time if the Seller has provided the Buyer with timely and proper information about the right to withdraw from the purchase contract, the conditions, time limit and procedure for exercising the right to withdraw from the purchase contract, including the form for withdrawal from the purchase contract (in accordance with the provisions of Article 3(1)(h) of the Act on Consumer Protection (Distance Selling)) and provided that the statutory requirements are met, the buyer has the right to withdraw from the purchase contract without giving any reason and without any penalty under the Act on Consumer Protection (Distance Selling).
The withdrawal period is 14 days

from the moment of receipt of the goods that were delivered last, if the subject of the purchase contract is ordered goods that are delivered separately,
from the moment of acceptance of the last part or the last piece, if the subject of the purchase contract is several types of goods or the delivery of several parts,
from the moment of acceptance of the first delivered goods, if the subject of the contract of sale is goods that are delivered during a defined period.

The Buyer acknowledges that in accordance with the provisions of Article 7(6) of the Act on Consumer Protection (Distance Selling), the Buyer may not, among other things, withdraw from the Purchase Contract:

the provision of the service, if the provision of the service has begun with the express consent of the consumer and the consumer has declared that he has been informed that by expressing that consent he loses the right to withdraw from the contract once the service has been provided in full, and if the service has been provided in full,
the sale of goods or provision of services, the price of which depends on price movements in the financial market which are beyond the seller's control, and which may occur during the withdrawal period,
the sale of goods made to the consumer's specific requirements, made-to-measure goods or goods designed specifically for a single consumer,
the sale of goods subject to rapid deterioration or perishability,
the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
the sale of alcoholic beverages, the price of which has been agreed at the time of conclusion of the contract, the delivery of which can take place at the earliest after 30 days and the price of which depends on price movements in the market which are beyond the seller's control,
the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order the services or goods in advance,
the sale of sound recordings, visual recordings, phonograms, books, or computer software sold in protective packaging if the consumer has unwrapped the packaging,
sale of periodicals with the exception of sales under subscription agreements and the sale of books not supplied in protective packaging,
the provision of accommodation services for purposes other than accommodation, the transport of goods, the hiring of cars, the provision of catering services or the provision of services related to leisure activities and under which the seller undertakes to provide these services at the agreed time or within the agreed period,
the provision of electronic content otherwise than on a tangible medium, where the provision of the electronic content has been initiated with the express consent of the consumer and the consumer has declared that he has been informed that he loses the right to withdraw from the contract by expressing that consent.

In order to comply with the deadline for withdrawal from the purchase contract, the buyer must send any unambiguous statement expressing his will to withdraw from the purchase contract within the time limit specified in paragraph 3 of Article VI of these terms and conditions.
To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. The Buyer shall send the withdrawal from the Purchase Contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
The buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the purchase contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by post due to their nature.
If the Buyer withdraws from the Purchase Contract, the Seller shall immediately, but no later than 14 days after the withdrawal from the Purchase Contract, return to the Buyer all monies, including delivery costs, received from the Buyer in the same manner. The Seller shall only reimburse the Buyer in any other way if the Buyer agrees to this and if no further costs are incurred.
If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the monies received to the Buyer before the Buyer has handed over the Goods to the Seller or proved that he has dispatched the Goods to the Seller.
The goods must be returned by the buyer to the seller undamaged, unworn, and clean and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
The Seller shall be entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address provided in the order and shall refund all monies, including delivery costs, received from the Buyer under the contract in the same manner or in the manner specified by the Buyer, as the case may be, within 14 days of the notice of withdrawal from the purchase contract.

VII. Rights of fault fulfillment

The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

the goods have the characteristics agreed between the parties and, if agreed, have such characteristics as the seller or the manufacturer has described or the buyer has come to expect in view of the nature of the goods and on the basis of the advertising carried out by them,
the goods are fit for the purpose stated by the seller for their use or for which goods of the same kind are commonly used,
the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality of workmanship has been determined according to the agreed sample or pattern,
the goods are in the appropriate quantity, measure, or weight; and
the goods comply with legal requirements.

The seller shall have obligations from fault fulfillment at least to the extent to which the manufacturer's obligations from fault fulfillment continue. The buyer is otherwise entitled to exercise the right from the defective performance that occurs in the consumer goods within twenty-four months from receiving the goods.
If the goods sold, their packaging, the instructions accompanying the goods or the advertisement state the period of time for which the goods may be used, in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a specified period of time. If the buyer has rightfully accused the seller of a defect in the goods, neither the period for exercising rights under the defective performance nor the warranty period shall run for the period during which the buyer cannot use the defective goods.
The provisions referred to in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if he knew that the goods were defective before taking delivery of them or if the buyer himself caused the defect.
In the event of a defect, the Buyer may submit a claim to the Seller and demand:

exchange for new goods,
repair of goods,
a reasonable discount on the purchase price,
withdrawal from the contract.

The buyer has the right to withdraw from the contract:

if the goods have a fundamental defect,
if the goods cannot be effectively use because of the recurrence of the defect or defects after repair,
in the case of a large number of defects in the goods.

A fundamental breach of purchase contract is one of which the breaching party knew or should have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.
If a repairable defect has occurred repeatedly after the repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, to replace the goods or to withdraw from the contract.
When making a claim, the Buyer is obliged to notify the Seller of the right he has chosen. A change of choice without the Seller's consent is only possible if the Buyer has requested the repair of a defect that proves to be irremediable. If the buyer does not choose their right from a fundamental breach of contract in time, they have the same rights as in the case of a non-fundamental breach of contract.
If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal from the contract.
If the Seller proves that the Buyer was aware of the defect in the goods prior to acceptance or caused it himself, the Seller is not obliged to satisfy the Buyer's claim.
The buyer cannot claim discounted goods for the reason for which the goods are discounted.
The Seller is obliged to accept the claim in any establishment where the acceptance of the claim is possible, possibly also in the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
The Seller or his authorized employee shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the rectification of the defect, must be dealt with immediately, at the latest within 30 days from the date of the complaint, unless the Seller agrees with the Buyer on a longer period of time. Missing this deadline shall be considered a fundamental breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of the Buyer's expression of intent (exercise of the right from the defective performance) to the Seller shall be deemed to be the moment when the claim is made.
The Seller shall inform the Buyer in written form of the outcome of the complaint.
The buyer cannot exercise their right of defective performance if they knew before taking over the goods that the goods have a defect or if the buyer themselves caused the defect.
In the event of a legitimate claim, the Buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. This right may be asserted by the buyer with the seller within one month after the expiry of the warranty period, otherwise it may not be recognized by the court.
The buyer has the choice of the method of complaint.
Other rights and obligations of the parties related to the Seller's liability for defects shall be governed by the Seller's Complaints Procedure.

VIII. Correspondence

The Parties may deliver all written correspondence to each other by electronic mail.
The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.

IX. Personal information

Any information you provide to us is confidential and will be treated as such. Unless you give us your written consent, we will not use your information in any way other than for the purpose of performing under the contract, except for the email address to which you may be sent commercial communications, as this is permitted by law, unless you refuse it. These communications may only relate to similar or related goods and can be unsubscribed from at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
For more detailed information on data protection, please refer to the privacy policy.

X. Out of court dispute resolution

The Slovak Trade Inspection Authority, P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
The European Consumer Centre Slovakia, based at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the contact point under Regulation No 524/2013 of the European Parliament and of the Council (EU) from 21 May 2013 on online dispute resolution for consumer disputes and supplementing Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade licensing authority. The Slovak Trade Inspection Authority supervises compliance with the Consumer Protection Act and the Act on Consumer Protection in Distance Selling, among other things, within the defined scope.

XI. Final provisions

All agreements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally applicable law.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Article 3(1)(n) of the Act on Consumer Protection (Distance Selling).
All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller's permission.
The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not perform any activity that could allow them or third parties to interfere with or make unauthorized use of the software or other components that make up the online shop and use the online shop or its parts or software in a way that would be contrary to its purpose or intended use.
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
A sample withdrawal form is attached to the terms and conditions.

These terms and conditions enter force on 1/1/2024.

Annex One

SAMPLE WITHDRAWAL FORM

SELLER:

(name and surname / name)

Company registration number (IČO):

Tax identification number (DIČ):

VAT reference number (IČ DPH):

Based in:

Registered in the Commercial Register of the District Court ......, section …., insert No. .…..

Contact details:

BUYER:

Name and surname of the buyer/buyers* ..............

Address of the buyer/buyers* ..............

Buyer's email address ..............

I/we* hereby notify, that I/we* withdraw from the purchase contract, the subject of which was the delivery of goods/the contract on the provision of this service*: ..............

Date of order/date of receipt* ..............

By withdrawing from the purchase contract/contract*, the buyer returns the purchased goods to the seller, and the costs associated with the return shall be borne by the buyer.

Signature of buyer/buyers* ..............

In .............. on ..............

*Cross out any that do not apply.