Terms of service

TERMS AND CONDITIONS

of the online store www.pampeliskoo.com

 

Article I

General provisions

  1. These terms and conditions (hereinafter referred to as "terms and conditions") govern the rights and obligations of the contracting parties arising in connection with the conclusion of a purchase contract between the merchant and the buyer, the subject of which is the sale of goods through the merchant's online store operated on the website www.pampeliskoo.com (hereinafter referred to as the "online store").

  2. These Terms and Conditions are an integral part of the purchase contract specified in Article 1(1) of these Terms and Conditions (hereinafter referred to as the "Purchase Contract"). If the merchant and the buyer conclude a written purchase agreement in which they agree on terms and conditions that differ from the general terms and conditions, the provisions of the purchase agreement shall take precedence over the general terms and conditions.

  3. These Terms and Conditions have been drawn up in accordance with:

·        Act No. 40/1964 Coll. Civil Code, as amended,

·        Act No. 513/1991 Coll. Commercial Code, as amended,

·        Act No. 108/2024 Coll. on Consumer Protection, as amended,

·        Act No. 22/2004 Coll. on electronic commerce and amending and supplementing Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and amending and supplementing certain acts, as amended by Act No. 284/2002 Coll., as amended by subsequent legislation,

·        452/2021 Coll. on electronic communications, as amended by later legislation, predpisov,

·        Act No. 391/2015 Coll. on alternative dispute resolution in consumer matters, as amended

and other relevant legal regulations.

  1. Legal relations between the trader and the buyer not expressly governed by these terms and conditions are governed by the relevant provisions of the above-mentioned legal regulations, whereby legal relations between the trader and the consumer buyer are governed by the Civil Code and the Consumer Protection Act, and legal relations between the trader and the business buyer are governed by the Commercial Code.

  2. These terms and conditions are written in the Slovak language. The purchase contract may be concluded in the Slovak language.

  3. The trader has not adopted any specific code of conduct.

  4. By sending an order, the buyer confirms that they have thoroughly familiarized themselves with the terms and conditions, understand their content, and agree to them.

    

Article II

Definition of terms

  1. The merchant is a person who, in connection with a consumer contract, an obligation arising therefrom, or in commercial practice, acts within the scope of their business or profession, including through another person acting on their behalf or on their account.

  2. The trader is the owner of the online store operated on the website www.pampeliskoo.com:

    Business name: Patrik Kuťka - pampeliskoo
    Place of business: Komenského 1961/68A, 020 01 Púchov                                                      
    Company ID: 57179069                                                      
    VAT ID: 1129035732        
    email: pampeliskoo.mess@gmail.com
    tel. no: +421 949 518 391                 

  1. The buyer is a person who purchases products or uses services, either as a consumer or entrepreneur, or another legal entity other than a consumer.

  2. A consumer is a natural person who, in connection with a consumer contract, the obligations arising therefrom, or in commercial practice, does not act within the scope of their business or profession.

  3. For the purposes of these terms and conditions, an entrepreneur is an entrepreneur, organization, or other legal entity other than a consumer who acts within the scope of their business, similar activity, or profession.

  4. Goods are any tangible movable items; for the purposes of these terms and conditions, goods are everything that the merchant sells.

  5. Digital goods are any goods that are marked as digital in the online store and can only be purchased by making them available for download.

  6. A purchase contract is a contract concluded between the merchant and the buyer through this online store or by other appropriate means in accordance with the terms and conditions agreed in these terms and conditions.

  7. The online store is a website located at www.pampeliskoo.com, through which the contracting parties can conclude a purchase agreement.

  8. The supervisory authority is:

Slovak Trade Inspection (SOI)
SOI Inspectorate for the Trenčín Region
Hurbanova 2944/59,
911 01 Trenčín
Supervisory Department
Tel. no.: 032/640 01 09

 

Article III

Conclusion of a purchase agreement

  1. The merchant offers goods on the website of the online store that are normally delivered, but does not guarantee the immediate availability of all listed products. The availability of products is indicated separately for each product or will be confirmed by the merchant based on the buyer's request.
  2. The goods offered by the merchant can be ordered through the online store.

  3. The merchant accepts orders via the online store continuously. They will be processed during business hours, every working day.

  4. Ordering via the online store
    When placing an order via the online store, the buyer places the selected goods in the shopping cart by clicking on "Add to cart." After finishing shopping, the buyer clicks on the shopping cart to go to the shopping cart subpage, where, after summarizing the selected goods, the buyer clicks on the payment button, which redirects the buyer to a subpage where the buyer fills in the billing and delivery details and selects the delivery and payment method. Then, they click on the "Check order" button, which redirects them to a subpage where they can edit their billing and delivery details and see a summary of their order. They confirm and submit their order by clicking on "Pay now."

    Before sending the order, the buyer has the opportunity to check and change the details provided in the order.

  5. An order that does not contain the above information may not be valid. The information provided in the order is considered correct by the merchant, and the merchant is not liable for any damage caused by the buyer entering incorrect or incomplete information.

  6. An order placed by any means of remote communication is binding.

  7. Depending on the nature of the goods (e.g., quantity of goods, delivery costs, etc.), the merchant is entitled to ask the buyer for additional confirmation of the order, e.g., by phone or email.

  8. After receiving a binding order, the merchant will confirm the conclusion of the purchase contract by email to the email address specified in the order, attaching the terms and conditions, information on the consumer's right to withdraw from the contract, and a withdrawal form in PDF format. Upon delivery of the confirmation, the purchase contract is considered concluded. A contract concluded in this manner is binding and may only be amended or canceled by agreement of both contracting parties or for reasons specified in these terms and conditions or in the law.

  9.  

    The buyer agrees to the use of means of distance communication without the physical presence of the trader and the consumer, in particular the use of the online store, e-mail, telephone, etc. when concluding the purchase contract. The costs of using means of distance communication incurred by the buyer in connection with the conclusion of the contract shall be borne by the buyer, and these costs do not differ from the basic rate.

     

 

 

Article IV

Rights and obligations of the contracting parties

1. The subject matter of the purchase agreement is the rights and obligations of the contracting parties.

2. The merchant is obliged in particular to:

a) provide the consumer with information in accordance with the relevant provisions of the Consumer Protection Act and other relevant legal regulations,

b) pack the goods for transport in such a way that they are not damaged,

c) deliver the ordered goods to the consumer properly and on time,

d) deliver to the buyer, at the latest together with the goods, all documents necessary for the proper acceptance and use of the product in accordance with relevant legal regulations.

3. The trader has the right to payment of the purchase price properly and on time.

4. The buyer is obliged in particular to:

a) take delivery of the goods at the place of destination,

b) pay the merchant the agreed purchase price within the due date, including the costs of delivery of the goods, unless the contracting parties have agreed that the costs of delivery of the goods shall be borne by the merchant.

5. The buyer is entitled to have the product delivered by the merchant properly and on time.

 

Article V

Product price and payment terms

1. The sales prices of individual goods are current and valid on the online store's website. They are listed without VAT, as the merchant is not a VAT payer, and without any other taxes per unit of goods. Prices are valid for the duration of their publication on the website.

2. Prices are not adjusted for the buyer based on automated decision-making.

3. The purchase price is stated in the order form just before sending a binding order and consists of the selling price of all selected goods, including all taxes, fees, and delivery costs that the buyer must pay to obtain the goods. Before sending the order, the buyer has the opportunity to check and correct it.

4. If the merchant offers a discount on the goods, they shall also indicate the lowest price of the goods in the last 30 days.

5. The buyer is obliged to pay the purchase price agreed in the purchase contract, including the costs of packaging and delivery of the goods, within the due date, but no later than upon receipt of the goods. It can only be changed by agreement between the contracting parties.

6. The buyer may pay the purchase price in the following ways:

ONLINE VIA PAYMENT SYSTEM

The buyer shall pay the purchase price online via the Google Pay payment system.

ONLINE BY PAYMENT CARD

The buyer shall pay the purchase price online by payment card.

7. If the buyer chooses one of the methods of payment of the purchase price in advance, before delivery of the goods, the purchase price is valid for 7 days. If the buyer does not pay the purchase price within the specified period, the merchant has the right to withdraw from the contract, thereby canceling the order.

8. The merchant does not require the buyer to make a deposit or other similar payment. This does not affect the provision on payment of the purchase price in advance.

9. The proof of sale, including the price of the goods, is an invoice (tax document) sent by email, which also serves as a delivery note and warranty certificate.

 

Article VI

Delivery Terms

1. The costs of delivery of the goods shall be borne by the buyer, unless otherwise agreed between the contracting parties. The delivery costs will be precisely calculated in the order form after selecting the desired delivery method.

2. The buyer can choose one of the following delivery methods:

·      Packeta: storage at a selected location or in a Z-box,

·      Packeta: delivery to an address

3. If it is not possible to determine the delivery price in advance in the order form (e.g., for international delivery or oversized shipments), it will be determined individually based on the current conditions of the carrier.

4. The merchant undertakes to deliver the ordered goods to the buyer without undue delay, no later than 30 days from the date of order confirmation, unless the contracting parties agree otherwise or unless a different delivery period is specified for the selected goods. The goods are shipped as soon as possible, taking into account the capacity of the merchant. The merchant usually ships shipments that are not manufactured according to consumer specifications or custom-made within 3 days. In the case of an order that is manufactured according to the consumer's specifications or made to measure, the shipment will be dispatched according to the agreement between the merchant and the consumer. The buyer will be informed of the dispatch of the goods by email.

5. The buyer is obliged to take delivery of the goods at the place specified in the order, either in person or by ensuring that the goods are taken delivery of by a person designated by the buyer. The goods are delivered at the moment when they are taken delivery of by the buyer or a person designated by the buyer.

6. If the merchant fails to deliver the ordered goods on time, the buyer may withdraw from the contract even without granting an additional period for performance if

a) the merchant refused to deliver the goods,

b) timely delivery was of particular importance in view of all the circumstances of the conclusion of the contract, or

c) the buyer informed the merchant before the conclusion of the contract that timely delivery was of particular importance.

7. After withdrawing from the contract pursuant to paragraph 6 of this article, the merchant shall return to the buyer without undue delay everything that it received from the buyer under the contract.

8. From the moment the goods are handed over to the carrier for transport, the carrier is liable for any damage. For this reason, the buyer, who is an entrepreneur, is obliged to check the integrity of the packaging of the shipment upon receipt from the carrier and to notify the carrier immediately of any defects. The seller strongly recommends this to buyers who are consumers. In the event of obvious damage to the packaging, which indicates unauthorized tampering with the shipment, the buyer is not required to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging containing the goods was intact.

9. If a buyer who is an entrepreneur receives damaged goods, they are obliged to leave them in their original condition and in their original packaging as they received them. They are not entitled to repackage the goods in other packaging or to handle them in any way. The merchant recommends that buyers who are consumers do the same.

10. After receiving the goods, the buyer shall inspect them and inform the merchant of any defects found without undue delay. If the buyer discovers damage to the goods or other defects after taking delivery, they shall notify the trader of this fact without undue delay by email to pampeliskoo.mess@gmail.com

 

Article VII

Acquisition of ownership and transfer of risk of damage to goods

1.     Ownership of the sold item and the risk of accidental destruction, accidental deterioration, and loss shall pass to the buyer, who is a consumer, upon delivery.

2.     Ownership of the sold item passes to the buyer, who is an entrepreneur, upon full payment of the purchase price.

 

Article VIII

Customer reviews

1. The merchant may publish customer reviews on the online store and, where appropriate, in other suitable places. Reviews are not verified.

 

Article IX

Withdrawal from the contract

When does the consumer have the right to withdraw from the contract

  1. Withdrawal from the contract by a buyer who is a consumer is governed by the relevant provisions of the Consumer Protection Act. Withdrawal from the contract by a buyer who is an entrepreneur is governed by the relevant provisions of the Commercial Code, and the provisions of this article do not apply to them.
  2. The consumer has the right to withdraw from a distance contract or a contract concluded outside the trader's premises without giving any reason within 14 days from the date of receipt of the goods by the consumer in accordance with paragraph 5 of this article.
  3. The trader may extend the period for withdrawal from the contract. The consumer shall be informed of any decision to extend this period in a demonstrable manner.
  4. If the trader has provided information on the right to withdraw from the contract to the consumer only retrospectively, but no later than 12 months from the start of the withdrawal period, the consumer may withdraw from the contract within 14 days from the date on which the trader retrospectively fulfilled the information obligation. If the trader has not provided the information even within 12 months, the consumer may withdraw from the contract within 12 months of the expiry of the period referred to in paragraph 2 of this article.
  5. The goods are considered to have been taken over by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, takes over all parts of the ordered goods, or if

    a) goods ordered by the consumer in a single order are delivered separately, at the moment of receipt of the goods that were delivered last,

    b) goods consisting of several parts or pieces are delivered, at the moment of receipt of the last part or piece,

    c) the goods are delivered repeatedly during a certain period, at the moment of receipt of the first goods.

  6. The consumer may withdraw from a contract for the delivery of goods even before the withdrawal period begins.
  7. The consumer acknowledges that in cases where they purchase goods labeled as a "digital product," they do not have the right to withdraw from the contract due to the specific nature of the goods, which are made available to them for download and cannot be returned in such cases.



    When the consumer does not have the right to withdraw from the contract

  8. The consumer acknowledges that in the cases specified in § 19 (1) of the Consumer Protection Act, they do not have the right to withdraw from the contract without giving a reason within 14 days. This applies in particular to cases where the subject of the contract is the delivery of goods manufactured according to the consumer's specifications or custom-made goods.



    How can the consumer exercise the right to withdraw from the contract

  9. The consumer may exercise the right to withdraw from a distance contract or a contract concluded outside the trader's premises in one of the following ways:

    a) in writing by sending a notice to the trader's registered office,

    b) by email to pampeliskoo.mess@gmail.com,

    c) verbally, if the contract was also concluded verbally.

  10. A sample withdrawal form can be used for this purpose insert link to download the form here

  11. For timely withdrawal from the contract, the consumer must send the notice of withdrawal from the contract no later than the last day of the withdrawal period. Failure to accept delivery of the goods does not constitute withdrawal from the contract.

  12. In the event of withdrawal from the contract, any supplementary contract shall also be cancelled, unless the contracting parties expressly agree on the duration of the supplementary contract. In this case, the consumer shall bear the costs of returning the goods that were the subject of the supplementary contract.

  13. The consumer is obliged to send the goods back or hand them over to the trader or a person authorized by the trader within 14 days of the date of withdrawal from the contract. This does not apply if the trader proposes to collect the goods in person or through a person authorized by the trader. The deadline is considered to have been met if the consumer sends the goods on the last day of the deadline at the latest.

  14. The costs of returning the goods to the trader are borne by the consumer. This does not apply if the trader has agreed to bear the costs of returning the goods.

  15. The consumer is liable for any reduction in the value of the goods resulting from handling the goods in a manner that goes beyond what is necessary to establish the nature and functioning of the goods. If the consumer has returned goods whose value has been reduced as a result of such handling, the trader may claim compensation for the damage.

  16. The trader recommends that the buyer insure the goods that are being returned. The risk of damage to the goods being returned is borne by the buyer until the goods are taken over by the trader.

 

Article X

Obligations of the trader upon withdrawal from the contract

  1. The trader is obliged to return to the consumer all payments received from him within 14 days on the basis of or in connection with the contract, including the costs of transport, delivery, postage, and other costs and fees, or part thereof if the consumer has not withdrawn from the entire contract. The trader may not charge the consumer additional costs for transport, delivery, postage, and other costs and fees.

  2. The trader is not obliged to refund the consumer before the goods are delivered to him or until the consumer proves that the goods have been sent back to the trader, unless the trader proposes to collect the goods in person or through a person designated by him.

  3. If the consumer has chosen a method of transport other than the cheapest method offered by the trader, the trader shall reimburse the consumer for the costs of delivery only up to the amount of the cheapest method of transport.

  4. The trader shall reimburse the consumer in the same manner as the consumer used to make the payment, unless otherwise agreed.

  5. The merchant reserves the right not to accept goods sent by the buyer on a cash-on-delivery basis.

Article XI

Failure to accept ordered goods

  1. The buyer is obliged to accept the ordered goods at the place of destination.

  2. If the buyer does not take delivery of the ordered goods without withdrawing from the purchase contract in accordance with Article IX of these terms and conditions, this shall be considered a breach of the purchase contract for reasons on the part of the buyer, as a result of which the merchant is entitled to withdraw from the purchase contract and claim damages from the buyer in accordance with § 420 of the Civil Code.

  3. When determining the amount of damages, the merchant shall primarily base its calculation on the costs associated with delivering the goods to their destination.

  4. The merchant also has the right not to claim damages or to claim only part of the damages.

  5. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that 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 another method of delivery, and the trader may demand payment of the purchase price in advance.

Article XII

Withdrawal from the contract by the merchant

1. The merchant has the right to withdraw from the contract if it is unable to deliver the goods to the buyer properly and on time, in particular due to stock depletion or unavailability of the goods. The buyer will be informed of the withdrawal from the contract by e-mail, and in the event of payment of the purchase price or part thereof, the funds will be returned to the buyer within 14 days to the account specified by the buyer, unless otherwise agreed with the merchant.

 

Article XIII

Dispute resolution

1. Legal relations arising between the merchant and the buyer in connection with the use of the online store and the conclusion of a contractual relationship are governed by the laws of the Slovak Republic.

2. The parties to this legal relationship agree that in the event of a dispute, the courts of the Slovak Republic shall have jurisdiction.

3. Consumer complaints are handled by the merchant via the contact email address. Information about the handling of complaints is sent to the buyer's email address.

4. In the event of a dispute between the trader and the consumer, the consumer is entitled to contact the trader with a request for redress if the consumer is not satisfied with the manner in which the complaint has been handled or if the consumer believes that the trader has violated their rights. The request for redress can be sent by email to pampeliskoo.mess@gmail.com or by post to the trader's address. If the trader has responded negatively to the request or has not responded within 30 days of the date of dispatch, the consumer has the right to submit a proposal for alternative dispute resolution to one of the alternative dispute resolution entities.

5. The consumer may submit a proposal to initiate alternative dispute resolution to the relevant alternative dispute resolution entity, which is the Slovak Trade Inspection (www.soi.sk).

6. Consumers may also submit complaints via the EU-operated RSO alternative dispute resolution platform. Complaints can be submitted by filling out the online form at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK. Consumers have the right to choose between alternative dispute resolution entities.

7. Only consumers may seek dispute resolution through one of the alternative dispute resolution entities, and this only applies to disputes arising from consumer contracts concluded at a distance.

 

Article XIV

Merchant's liability for defects and complaint conditions

  1. The merchant's liability for defects and the conditions for filing and handling complaints are governed by the relevant provisions of the complaint procedure adopted by the operator and published on the website www.pampeliskoo.com.

 

Article XV

Validity of the contract

1.       The purchase contract is concluded for a fixed term, namely until the proper fulfillment of the obligations of both contracting parties arising from the purchase contract and these terms and conditions, which are an integral part thereof.

 

Article XVI

Personal data protection

The merchant processes the personal data of buyers in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR") and Act No. 18/2018 Coll. on the protection of personal data (hereinafter referred to as "Act on OOU").

2.           Podmienky spracúvania osobných údajov obchodníkom sú špecifikované na internetovej stránke www.pampeliskoo.com v sekcii Ochrana osobných údajov.

 

Article XVII

Final provisions

1. The terms and conditions for the processing of personal data by the merchant are specified on the website www.pampeliskoo.com in the Personal Data Protection section.

2. The merchant reserves the right to change these terms and conditions at any time if required by a change in business policy or applicable legislation.

3. When using the website, the buyer is not entitled to use mechanisms, software, or other procedures that could have a negative impact on its operation. The website may only be used to the extent that it is not to the detriment of the rights of other visitors and in accordance with its intended purpose.

4. The buyer acknowledges that the merchant is not responsible for errors arising as a result of third-party interference with the website or as a result of using the website contrary to its intended purpose.

5. These terms and conditions shall enter into force and effect on October 17, 2025.