First part of the general terms and conditions 

e-commerce www.voxberg.com

applicable to buyers -  consumers 

(1) Introductory provisions of the terms and conditions and choice of law 

• (1.1) The first part of the terms and conditions regulates the rights and obligations of  the parties to the purchase contract concluded between the seller, which is the  company: VOXBERG s.r.o., 47 901 411, with its registered office at Majakovského 9,  Bratislava - Staré Mesto 811 04, Slovak Republic, registered in the Commercial  Register of the District Court Bratislava I, Section Sro, File No. 100611/B (hereinafter  referred to as the "Seller") and the Buyer - consumer, the subject of which is the  purchase and sale of goods on the Seller's online shop website: www.voxberg.com (hereinafter referred to as the "Voxberg.com"). 

Contact details of the Seller: 

Email: info@voxberg.com  

Telephone: +421 (0) 908 126 828‬

VAT number: SK2024140261 

DIC: 2024140261 

Majakovského 9, Bratislava - Old Town 811 04, Slovak Republic. 

Operation: Vinárska 26, 951 41 Lužianky, Slovak Republic. 

Account number for non-cash payments: 

Bank: Tatra banka, a.s. 

IBAN: SK04 1100 0000 0029 4945 8674 

Supervisory authority supervising: 

SOI Inspectorate for the Bratislava Region 

Bajkalská 21/A, P.O. BOX No. 5. 820 07 Bratislava, Slovak Republic  

Supervision Department ba@soi.sk 

tel. 02/58 27 21 72, 02/58 27 21 04 

• (1.2)Within the meaning of the first part of the terms and conditions, the buyer is  understood to be a consumer, which is a natural person who does not act within the  scope of his/her business activity, employment or profession when concluding and  executing the purchase contract. 
• (1.3) The Parties agree that their contractual relationship established by this  Contract and all rights and obligations under this Contract shall be governed by the  laws of the Slovak Republic in which the Seller has its registered office. The Buyer,  as a consumer, acknowledges that this Contract may also be governed by the law of  the Buyer's Member State of residence if the Buyer is not permanently resident in  the Slovak Republic, but is resident in a Member State of the European Union. The  Buyer acknowledges that, by virtue of Article 6(2) of the Rome I Regulation, it also  has the protection afforded by the so-called mandatory rules of law which would  apply in the absence of this choice of law clause. 

(2) Rights and obligations of the Seller and the Buyer 

• (2.1) In particular, the Seller has the following obligations: 
• (2.1.1) Deliver the ordered goods to the Buyer in the agreed quantity and quality and  pack or equip them for transport in the manner necessary for their preservation and  protection. 
• (2.1.2) Hand over to the Buyer, together with the goods, in written or electronic form  at the latest, all documents necessary for the acceptance and use of the goods and  other documents prescribed by applicable law (manuals in Slovak language, tax  document, etc.). 
• (2.2) The Seller shall be entitled to full payment of the purchase price from the  Buyer for the goods delivered. 
• (2.3) The Seller shall have the right to cancel (cancel) the order if, due to stock out  or unavailability of the goods, it is unable to deliver the goods to the Buyer within  the period specified in these Terms and Conditions or at the price stated in the  online shop, unless an alternative performance is agreed with the Buyer.
• (2.4) In particular, the buyer has the following obligations: 
• (2.4.1) to take delivery of the goods, 
• (2.4.2) to pay the Seller the agreed purchase price on time, including the cost of  delivery of the goods. 
• (2.5) The Buyer is entitled to delivery of the goods in the quantity, quality, date  and place agreed by the parties to the contract. 
• (2.6) The Seller is entitled to request the Buyer to verify the order by email or  telephone. 

(3) Conclusion of the purchase contract 

• (3.1) The conclusion of the Purchase Contract occurs by the Seller's binding  acceptance of the Buyer's proposal for the conclusion of the Purchase  Contract in the form of a form filled in by the Buyer, i.e. the Purchase Order. 
• (3.2) Binding acceptance of the proposal for conclusion of the contract shall be  made by the Seller no later than 24 hours after the execution of the order.  Binding acceptance will be made by e-mail of acceptance of the order after  prior acceptance of the order by the Buyer and after verification of the  availability of the goods,

the applicable prices and the delivery date of the goods requested by the buyer  marked as 

"order confirmation". If a higher price is found, the Seller must request the Buyer's  consent to the price change before confirming the order. Only when the Buyer  agrees to the price change and the Seller subsequently confirms (accepts) the order,  the contractual relationship will be concluded. Automatically executed notification of  order acceptance, which the Buyer receives to his/her email address immediately  after the order has been sent, shall not be considered as a binding acceptance of the  order. This notification is for informational purposes only for the purpose of notifying  the Buyer of the acceptance of his order. 

(4) Negotiation of the purchase price 

• (4.1) The Buyer shall pay to the Seller the purchase price of the goods agreed in the  Purchase Contract, including the cost of delivery of the goods, in one of the following  ways: 
• (4.1.1) Online - (i) by wire transfer to the Seller's account; (ii) by online credit card  through a payment gateway such as GoPay, Apple Pay, Google Pay, PayPal,  Mastercard or VISA; or 
• (4.1.2) Cash on delivery - cash or credit card. 
• (4.2) All prices quoted on the Seller's website are final. Any shipping and  handling costs will be charged at the end of the order. 
• (4.3) If the Buyer pays the Purchase Price to the Seller by wire transfer, the date of  payment shall be deemed to be the date on which the entire Purchase Price has  been credited to the Seller's account. 
• (4.4) The Buyer undertakes to pay the Seller the purchase price for the agreed  goods within the term according to the purchase contract, but at the latest upon  receipt of the goods. 
• (4.5) In the case of an order of goods to be delivered to the Slovak Republic or the  Czech Republic and the value of the order of goods is more than 50 €, the Seller will  not charge the cost of transport of the goods. 

(5) Delivery of goods and payment terms 

• (5.1) The Seller shall process the order by delivering the goods ordered by the  Buyer to the address specified in the order in the shortest possible time, from 2  to 5 working days, no later than 30 days from the date of order confirmation. If  the Seller has not fulfilled its obligation to deliver the goods within the agreed  period, the Buyer shall invite the Seller to deliver the goods within an additional  reasonable period of time provided by the Seller. If the Seller fails to deliver the  goods even within this additional reasonable period, the Buyer shall be entitled  to withdraw from the contract. 
• (5.2) If the Buyer fails to accept the ordered goods at the address specified in the  order without prior written withdrawal from the contract, even within 5 working days  after the expiry of the period specified in the purchase contract, binding acceptance,  the Seller shall be entitled to claim compensation for damages in the amount of the  actual costs of the attempted unsuccessful delivery of the order. After the expiry of 5  working days from the date on which the Buyer was obliged to accept the goods, the  Seller shall be entitled to withdraw from the contract of sale and sell the goods to a  third party. 
• (5.3) The Buyer is obliged to take over the goods personally or to arrange for  another person to take over the goods for him. If it is necessary to repeat the delivery of the goods due to the absence of the Buyer at the place specified in the  contract of sale (the address specified in the completing the order), all costs incurred in this regard shall be borne by the buyer, in  particular the re-delivery of the goods to the place of destination in the purchase  contract and storage costs. 
• (5.4) The Buyer is entitled to inspect the consignment upon delivery. In the event of  damage to the goods upon receipt by the Buyer, the Buyer shall have the option to  refuse to accept the goods. After the goods have been damaged, the carrier is  obliged to draw up a so-called damage report in the presence and at the request of  the buyer. On the basis of the record thus made and delivered to the Seller, the  Seller may, after concluding the damage event with the carrier, provide remedy for  the defect in the goods, a discount on the goods and, in the event of irremediable  defects in the goods, deliver new goods to the Buyer. Later claims of this type will  be required to be proven. 
• (5.5) The Buyer shall be entitled to withdraw from the Purchase Contract in the  event of non-delivery of the goods by the Seller within the period specified in the  Terms and Conditions and the Seller shall be obliged to refund to the Buyer the  part of the Purchase Price already paid. 
• (5.6) An invoice (tax receipt) is enclosed in each shipment. 
• (5.7) Methods of payment: online - (i) by wire transfer to the Seller's account; (ii)  online by credit card through the payment gateway GoPay, Apple Pay, Google Pay,  PayPal, Mastercard or VISA; or (iii) cash on delivery - in cash or by credit card. 
• (5.8) The Buyer shall choose the method of transport when ordering the goods by  marking the selected option. The chosen method of delivery is considered  binding. The Seller provides the following shipping options: 
• (5.8.1) GLS courier: delivery on working days from 8.00 to 18.00. Just before  delivery, the GLS courier will contact the buyer by telephone so that they can  arrange a more accurate delivery time with the buyer. 
• (5.8.2) Packet collection point / courier. 

(6) Acquisition of ownership and transfer of risk of damage to goods 

• (6.1) The Goods shall remain the property of the Seller until full payment of the  purchase price by the Buyer. The Goods are delivered to the Buyer upon their  receipt by the Buyer upon personal collection or upon their collection by the  transport company. 
• (6.2) The risk of damage to the goods passes to the Buyer at the moment when  he takes over the goods from the Seller or at the moment when the Seller allows  him to dispose of the goods and the Buyer does not take over the goods. 

(7) Complaints Procedure 

• (7.1) The Seller shall be liable for defects in the goods and the Buyer shall  immediately file a claim with the Seller. 
• (7.2) These Complaints Regulations apply to the handling of complaints.
• (7.3) The Buyer shall have the right to claim a warranty from the Seller only for  goods that are defective, caused by the manufacturer, supplier or the Seller, are  covered by warranty and were purchased from the Seller. 
• (7.4) During the warranty period, the buyer has the right to have the defect  rectified free of charge upon presentation of the goods including their  accessories. 
• (7.5) Complaints shall be handled by the Seller in writing or electronically without  delay. If the goods are defective, the Buyer shall have the right to file a claim at the  Seller's establishment in accordance with Section 18(2) of Act No. 250/2007 Coll. on 

Consumer Protection

by delivering the goods to the address Vinárska 26, 951 41 Lužianky, Slovak  Republic, and completing the claim form, delivering it by post together with the goods  claimed or delivering the claim form electronically. When making a claim, the Buyer  is obliged to prove that the goods were purchased from the Seller and are under  warranty - for example, by proof of payment. The Buyer is obliged to indicate  precisely the type and extent of defects in the goods. The complaint procedure for  goods that can be objectively delivered to the Seller shall commence on the day  when the following conditions are met: 

• (7.5.1) delivery of a completed claim form, 
• (7.5.2) delivery of the claimed goods including accessories. 

The form can be downloaded by the consumer by clicking on the following link: CLAIM FORM FOR COMPLAINT COMPLAINT BY BUYER. The start of the complaint procedure is  referred to as the day the complaint is made. Complained goods must be delivered to the  address: Vinárska 26, 951 41 Lužianky, Slovak Republic, unless the Seller or a designated  person specifies otherwise (e.g. to deliver the goods directly to the designated person). In  case of any doubts, the Buyer may contact the Seller by phone +421 (0) 908 126 828‬‬ or by  email info@voxberg.com. 

• (7.6) The Seller is obliged to accept the complaint at any of its premises where  the acceptance of the complaint is possible, i.e. at its registered office or at a  designated person within the meaning of Section 18 (2) of the Consumer  Protection Act. 
• (7.7) In the place designated according to the previous paragraph of these Terms  and Conditions for receiving complaints, the Seller is obliged to ensure the  presence of a person authorized to handle complaints within the meaning of  Section 18 (3) of the Consumer Protection Act. 
• (7.8) The Seller or a designated person shall issue the Buyer with a confirmation of  the claim in a suitable form chosen by the Seller, e.g. in the form of an email or in  writing, in which the Seller shall accurately identify the defects in the goods in  accordance with 
• 18 (5) of the Consumer Protection Act and to instruct the consumer about his rights  arising from § 622 and § 623 of Act No. 40/1964 Coll. of the Civil Code. If the claim is  made by means of remote communication, the Seller is obliged to deliver the  confirmation of the claim to the Buyer immediately. If the confirmation cannot be  delivered immediately, it must be delivered without undue delay, but at the latest  together with the proof of the complaint. 
• (7.9) According to the decision of the Buyer, which of his rights under § 622 and §  623 of the Civil Code he claims, the Seller or a designated person is obliged to  determine the method of handling the complaint immediately, in more complex  cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if it requires a complex technical evaluation of the condition of the  goods, no later than 30 days from the date of the beginning of the complaint  procedure. After determining the method of handling the complaint, the Seller or a  designated person shall handle the complaint immediately; in justified cases, the  complaint may be handled later. However, the handling of the complaint may not  take longer than 30 days from the date of the complaint. After the expiry of the  period for processing the complaint, the buyer has the right to withdraw from the  contract or has the right to exchange the goods for new goods. The Seller shall  inform the Buyer of the termination of the complaint procedure and the result of the  complaint in the form agreed between both parties (namely by e-mail or/and by  registered letter) and at the same time the Buyer shall be provided with the goods together with received complaint report. If the Buyer has made a claim for goods within 12 months  of the conclusion of the Purchase Contract, the Seller may settle the claim by  rejecting it only on the basis of an expert's opinion or an opinion issued by an  authorised, notified or accredited person or the opinion of a designated person  hereinafter referred to as the "expert's assessment of the goods". Regardless of the  outcome of the expert assessment, the Seller may not require the Buyer to pay the  costs of the expert assessment of the Goods or any other costs related to the expert  assessment of the Goods. If the Buyer has made a claim for a product after 12  months from the conclusion of the Purchase Contract and the Seller has rejected it,  the person who handled the claim is obliged to indicate in the document on the  handling of the claim to whom the Buyer may send the goods for expert assessment.  If the Buyer sends the goods for expert assessment to the designated person  indicated in the document on the complaint, the costs of expert assessment of the  goods, as well as all other related costs reasonably incurred, shall be borne by the  Seller regardless of the result of the expert assessment. If the Buyer proves the  Seller's liability for the claimed defect of the goods by the expert assessment, the  Buyer may reassert the claim; the warranty period shall not expire during the expert  assessment of the goods. The Seller is obliged to reimburse the Buyer within 14  days from the date of the reasserted claim for all costs incurred for the professional  assessment of the goods, as well as all related costs reasonably incurred. The  reasserted claim cannot be rejected. 
• (7.10) The Seller may always replace the defective item with a defect-free one  instead of removing the defect, if this does not cause the Buyer serious  inconvenience. 
• (7.11) The right to a free warranty repair shall be extinguished: 
• (7.11.1) Unless the Buyer proves that the defective goods were purchased from the  Seller, 
• (7.11.2) Failure to notify obvious defects upon receipt of the goods,
• (7.11.3) The expiry of the warranty period of the goods, 
• (7.11.4) Mechanical damage to the goods caused by the buyer,
• (7.11.5) Improper handling or neglect of the goods, 
• (7.11.6) Damage to the goods by accidental spoilage and accidental deterioration,
• (7.11.7) Unprofessional intervention, damage during transport, damage by  water, fire, static or atmospheric electricity or other acts of God. 
• (7.12) The Seller is obliged to handle the complaint and terminate the  complaint procedure in one of the following ways: 
• (7.12.1) By handing over the repaired goods. 
• (7.12.2) Exchange of goods. 
• (7.12.3) By returning the purchase price of the goods. 
• (7.12.4) By paying a reasonable discount on the price of the goods.
• (7.12.5) By a written invitation to take over the performance specified by the Seller.
• (7.12.6) Reasoned rejection of a claim for goods. 
• (7.13) The Seller is obliged to issue the Buyer with a written document  about the manner of handling the complaint and about the handling of the  complaint no later than within 30 days from the date of the complaint by  mail, courier company or by e-mail. 
• (7.14) The guarantee period for food and food supplements is the guarantee period  indicated on the packaging. For other goods, the warranty is 24 months and starts  from the date of receipt of the goods by the buyer. If the goods, and their packaging  or instructions, state a period of time for the use of the goods in accordance with  other legislation, the warranty period shall expire on the expiry of this period.  Defective goods and claims arising therefrom must be made until the end of the warranty period. Upon expiry of the warranty period, the right to  make a claim expires. 
• (7.15) The warranty period is extended by the period of time during which the  buyer has been unable to use the goods due to their repair. 
• (7.16) In case of replacement of the goods with new goods, the warranty  period starts again from the receipt of the new goods, but only for the replaced goods or part thereof. 
• (7.17) If there is a remediable defect in the goods, the claim will be handled in one of  the following ways, depending on the Buyer's decision: 
• (7.17.1) by removing the defect, or 
• (7.17.2) The Seller shall replace the defective goods. 

If it is a defect that cannot be eliminated, or a single repeatedly repeated eliminable defect, or  a greater number of different eliminable defects that prevent the goods from being properly  used as without defect, the Seller shall, depending on the Buyer's decision, handle the claim  in one of the above ways: 

1. a) by exchanging the goods for other goods, 
2. b) if the Seller cannot replace the goods with another, he will settle the claim by  refunding the purchase price, i.e. by issuing a credit note for the defective goods. 

• (7.18) The claim only applies to the defects stated in the claim. 
• (7.19) The occurrence of a single avoidable error more than twice is  considered to be a repeated avoidable error. 
• (7.20) The occurrence of more than three different avoidable faults at the same time  is considered to be a large number of different avoidable faults. 
• (7.21) A period of time during which the Buyer cannot properly use the Goods due  to defects in the Goods shall be deemed to be a period of more than 180 days in  total. 
• (7.22) If the Seller terminates the claim procedure as a justified rejection of the claim,  and the Buyer disagrees with the decision, the Buyer may exercise its right to have  the defect in the Goods rectified through the courts. 

(8) Personal data and their protection 

• (8.1) The Seller has taken appropriate measures for the processing of personal data  in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data and the  GDPR Regulation.The Buyer confirms that he has been informed about the  processing of his personal data in accordance with the rules, which can be found at  the following link: https://www.voxberg.com/ochrana-osobnych-udajov 

(9) Withdrawal from the contract of sale and cases where withdrawal from the  contract of sale is not possible 

• (9.1) The Seller shall be entitled to withdraw from the Purchase Contract due to the  sale of stock, unavailability of the goods, or if the manufacturer, importer or supplier  of the goods agreed in the Purchase Contract has discontinued production or made  such significant changes that have made it impossible to perform the Seller's obligations under the Purchase Contract or due to force majeure, or if even after  making all efforts that may be fairly required of it, it is unable to deliver the goods to  the Buyer within the time limit specified in these Terms and Conditions. The Seller is  obliged to inform the Buyer immediately of this fact and to refund the deposit already  paid for the goods agreed in the contract of sale within 14 days of the notice of withdrawal in the same  manner as used by the buyer in his payment. This is without prejudice to the Buyer's  right to agree with the Seller on a different method of payment, provided that no  additional charges will be levied on the Buyer in connection therewith. The Seller is  also entitled to withdraw from the contract of sale if the Buyer has not taken delivery  of the goods within 5 working days from the date on which the Buyer was obliged to  take delivery of the goods. 
• (9.2) The buyer has the right to withdraw from the purchase contract without stating a  reason under the terms of the Consumer Protection in the Sale of Goods Act within  14 days from the date of receipt of the goods. Within this period, the buyer has the  right to unpack and test the goods in a manner similar to that which is customary  when buying in a conventional bricks-and-mortar shop, this does not apply to goods  which are sports nutrition or other food products. However, to test does not mean to  start using the goods and then return them to the Seller. The goods shall be deemed  to have been accepted by the Buyer at the moment when the Buyer or a third party  designated by the Buyer, with the exception of the carrier, accepts all parts of the  ordered goods. 
• (9.3) The Buyer may exercise the right of withdrawal from the Contract with the  Seller in a written form or in the form of a record on another durable medium or by  means of a withdrawal form sent to the address: info@voxberg.com. The withdrawal  form can be downloaded by clicking on the following link: WITHDRAWAL FORM. 
• (9.4) The Buyer is obliged to deliver the goods together with the accessories to  the Seller at Vinárska 26, 951 41 Lužianky, Slovak Republic. The goods may only  be used to the extent that the consumer can try the goods in a brick-and-mortar  shop and the goods must not be damaged. 
• (9.5) The Buyer may also withdraw from the contract, the subject of which is the  delivery of goods, before the withdrawal period has started. The withdrawal period is  preserved if the buyer sends a notice of exercise of the right of withdrawal before the  withdrawal period has expired. 
• (9.6) Upon withdrawal from the Contract, the Seller shall refund to the Buyer all  payments which the Buyer has demonstrably paid in connection with the conclusion  of the Contract, in particular the purchase price, including the cost of delivery of the  goods. However, the Seller shall not be obliged to reimburse the Buyer for additional  costs if the Buyer has chosen a delivery method other than the cheapest normal  delivery method offered by the Seller. Additional costs means the difference between  the cost of delivery chosen by the Buyer and the cost of the cheapest normal method  of delivery offered by the Seller. Payments will be refunded to the Buyer within 14  days of the date on which the Seller receives the Buyer's notice of cancellation of the  Contract of Sale. Payment will be made by the same method used by the Buyer for  its payment, unless the Buyer agrees with the Seller to a different method of  payment, provided that the Buyer will not be charged any additional fees in  connection therewith. 
• (9.7) The Seller shall not be obliged to refund to the Buyer any payments under  these General Terms and Conditions before the Goods have been delivered to the  Seller by the Buyer or until delivery has been proved by the Buyer. Accordingly,  payment for the goods purchased will not be made by the Seller until the returned  goods have been delivered back to the Buyer or proof of this has been provided. 
• (9.8) If the Buyer withdraws from the Contract and delivers to the Seller Goods  which are used or damaged, or the value of the Goods is diminished as a result of  treatment beyond that necessary to establish characteristics and functionality of the goods, the Seller shall be entitled to  compensation against the Buyer in the amount of the value of the repair of the goods  and restoration of the goods to their original condition. 
• (9.9) The Buyer is obliged to send back or hand over the goods together with the  accessories including documentation to the Seller within 14 days from the date of  withdrawal from the contract at the latest. 
• (9.10) The Buyer shall bear the direct costs of returning the goods to the Seller.  An estimate of these costs is between €5 and €100, depending on the size and  weight of the goods, the distance from where the return is being made and the  prices at which the carrier chosen by the Buyer provides its services. 
• (9.11) the buyer may not withdraw from the contract, the subject of which is:
• (9.11.1) Sale of goods subject to rapid deterioration or perishability
• (9.11.2) 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 
• (9.11.3) Sale of goods which, due to their nature, can be inextricably mixed  with other goods after delivery 
• (9.12) The Seller reserves the right to cancel the order or part of it in the event that  for technical reasons the goods cannot be delivered within the required time or the  price has been changed by the supplier of the goods. If the Buyer has paid an  advance payment, this will be paid back to the Buyer within 14 working days. In case  of cancellation, please contact the Seller: e-mail: info@voxberg.com, tel. +421 (0) 908 126 828‬‬. 

(10) Alternative dispute resolution 

• (10.1) The Buyer - consumer is entitled to use an alternative dispute resolution  method by contacting the Seller with a request for redress in case he was not  satisfied with the manner in which the Seller handled his complaint or if he believes  that the Seller violated his rights. If the Seller responds to such a request in a  negative manner or fails to respond within 30 days from the date of its dispatch, the  Buyer - consumer has the right to submit a proposal for the initiation of an alternative  dispute resolution to an alternative dispute resolution entity. Alternative dispute  resolution entities are authorities and authorised legal persons within the meaning of  Section 3 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer  disputes, e.g. the Slovak Trade Inspection, while the buyer-consumer is entitled to  choose the alternative dispute resolution entity to which he/she applies. When  submitting a proposal, the buyer-consumer shall proceed in accordance with Section  12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer  Disputes. Alternative dispute resolution can be used to settle a dispute between the  buyer-consumer and the Seller arising from a consumer contract. The value of the  dispute to be settled by alternative dispute resolution must exceed € 20. 
• (10.2) Buyers - consumers are entitled to apply the online dispute resolution  platform to resolve their disputes in the language of their choice. The Buyer Consumer may use the RSO platform available at http://ec.Europa.eu/consumers/odr to resolve their dispute alternatively.

(11) Final provisions

• (11.1) If the contract of sale is in writing, any modification thereof must be in  writing. The parties agree that communication between them shall be carried out  mainly by e-mail or by letter. 
• (11.1) Relationships not regulated by these General Terms and Conditions shall be  governed by the relevant provisions of the Civil Code, Act No. 22/2004 Coll. No.  128/2002 Coll. No. 284/2002 Coll. on State Control of the Internal Market in the Matter of Consumer Protection and on Amendments and Additions to Certain Acts,  as amended by Act No. 284/2002 Coll. as amended, Act No. 250/2007 Coll.  372/1990 Coll. on offences, as amended, Act No. 18/2018 Coll. on the protection of  personal data and Act No. 102/2014 Coll. on the protection of the consumer in the  sale of goods or provision of services under a distance contract or a contract  concluded outside the seller's business premises and on amendment and  supplementation of certain acts. 

Second part of the general terms and conditions 

e-commerce www.voxberg.com

applicable to buyers -  entrepreneurs 

(1) General provisions of the terms and conditions and choice of law 

• (1.1) The second part of the terms and conditions regulates the rights and obligations  of the parties to the purchase contract concluded between the seller, which is the  company: VOXBERG s.r.o., 47 901 411, with its registered office at Majakovského 9,  Bratislava - Staré Mesto 811 04, Slovak Republic, registered in the Commercial  Register of the District Court Bratislava I, Section Sro, File No. 100611/B (hereinafter  referred to as the "Seller") and the Buyer - entrepreneur, the subject matter of which  is the purchase and sale of goods on the Seller's online shop website. 

Contact details of the Seller: 

Email: info@voxberg.com  

Telephone: +421 (0) 908 126 828‬

VAT number:  

SK2024140261 

DIC: 2024140261 

Majakovského 9, Bratislava - Old Town 811 04, Slovak Republic. 

Operation: Vinárska 26, 951 41 Lužianky, Slovak Republic.

Account number for non-cash payments: 

Bank: Tatra banka, a.s. 

IBAN: SK04 1100 0000 0029 4945 8674 

• (1.2) The buyer, within the meaning of the second part of the terms and conditions, is  understood to be an entrepreneur, which is a person registered in the commercial  register; a person who operates on the basis of a trade licence; a person who  operates on the basis of a licence other than a trade licence pursuant to special  regulations; a natural person who carries out agricultural production and is registered  in the register pursuant to a special regulation. 
• (1.3) The Buyer - entrepreneur acknowledges that the terms and conditions  applicable to the concluded purchase contract resulting from these terms and  conditions may be different than in the first part of the terms and conditions. 
• (1.4) The Parties agree that their contractual relationship established by this  Contract and all rights and obligations under this Contract shall be governed by  the law of the Slovak Republic, where the Seller has its registered office, in  particular by Act No. 513/1991 Coll., the Commercial Code. 

(2) Rights and obligations of the Seller and the Buyer 

• (2.1) In particular, the Seller has the following obligations: 
• (2.1.1) Deliver the ordered goods to the Buyer in the agreed quantity and quality and  pack or equip them for transport in the manner necessary for their preservation and  protection. 
• (2.1.2) To hand over to the Buyer together with the goods in written or electronic  form at the latest all documents necessary for the acceptance and use of the goods  and other documents prescribed by applicable law. 
• (2.2) The Seller shall be entitled to full payment of the purchase price from the  Buyer for the goods delivered. 
• (2.3) The Seller shall have the right to cancel (cancel) the order if, due to stock out  or unavailability of the goods, it is unable to deliver the goods to the Buyer within  the period specified in these Terms and Conditions or at the price stated in the  online shop, unless an alternative performance is agreed with the Buyer.
• (2.4) In particular, the buyer has the following obligations: 
• (2.4.1) to take delivery of the goods, 
• (2.4.2) to pay the Seller the agreed purchase price on time, including the cost of  delivery of the goods. 
• (2.5) The Buyer is entitled to delivery of the goods in the quantity, quality, date  and place agreed by the parties to the contract. 

(3) Conclusion of the purchase contract 

• (3.1) The conclusion of the Purchase Contract occurs by the Seller's binding  acceptance of the Buyer's proposal for the conclusion of the Purchase  Contract in the form of a form filled in by the Buyer, i.e. the Purchase Order. 
• (3.2) Binding acceptance of the proposal for conclusion of the contract shall  be made by the Seller no later than 24 hours after the execution of the order.  The binding acceptance shall be made by e-mail of the acceptance of the  order after prior acceptance of the order by the Buyer and after verification of the  availability of the goods, the applicable prices and the date of delivery of the  goods requested by the Buyer, marked as "order confirmation". If a higher  price is discovered, the Seller must seek the Buyer's consent to the price  change before confirming the order. Only upon the Buyer's consent to the  price change and the Seller's subsequent confirmation of the order shall the  contractual relationship be concluded. The automatically executed Order  Acceptance Notification, which the Buyer receives to his e-mail address  immediately after his order has been placed, shall not be deemed to be a  binding acceptance of the order. This notification is for informational  purposes only for the purpose of notifying the Buyer of the acceptance of his  order. 

(4) Purchase price arrangements 

• (4.1) The Buyer shall pay to the Seller the purchase price of the goods agreed in the  Purchase Contract, including the cost of delivery of the goods, by wire transfer to the  Seller's account, online payment card, via PayPal or cash on delivery or payment by  credit card. All prices quoted on the Seller's website are final. Any shipping and handling costs will be charged at the end of the order. 
• (4.2) If the Buyer pays the Purchase Price to the Seller by wire transfer, the date of  payment shall be deemed to be the date on which the entire Purchase Price has  been credited to the Seller's account. 
• (4.3) The Buyer undertakes to pay the Seller the purchase price for the agreed  goods within the term according to the purchase contract, but at the latest upon  receipt of the goods. 

(5) Delivery of goods and payment terms 

• (5.1) Orders are processed by the Seller in the shortest possible time, from 2 to 5  working days, no later than 30 days from the date of order confirmation. If the Seller  has not fulfilled its obligation to deliver the item within the agreed period, the Buyer  shall invite the Seller to deliver the item within an additional reasonable period of  time provided by the Seller. If the Seller fails to deliver the item even within this  sufficient reasonable period, the Buyer shall be entitled to withdraw from the  contract. 
• (5.2) If the Buyer fails to accept the ordered goods within 5 working days after the  expiry of the period specified in the Purchase Contract, after binding acceptance,  without prior written withdrawal from the Contract, the Seller shall be entitled to claim  compensation for damages in the amount of the actual costs of the attempted  unsuccessful delivery of the order. After the expiry of 5 working days from the date  on which the Buyer was obliged to accept the goods, the Seller shall be entitled to  withdraw from the contract of sale and sell the goods to a third party. 
• (5.3) The Buyer is obliged to take over the goods personally or to arrange for  another person to take over the goods for him. If the delivery of the goods has to be  repeated due to the absence of the Buyer at the place specified in the Purchase  Contract, all costs incurred in this respect shall be borne by the Buyer, in particular  the re-delivery of the goods to the place specified in the Purchase Contract and the  storage costs. 
• (5.4) The Buyer is entitled to inspect the consignment or the goods upon delivery.  In the event of damage to the goods upon receipt by the buyer, the buyer shall  have the option to refuse to accept the goods. The carrier is obliged to draw up a so-called damage  report in the presence and at the request of the buyer. On the basis of the record so  drawn up and delivered to the Seller, the Seller may, after concluding the damage  claim with the carrier, remedy the deficiency of the goods, provide a discount on the  goods and, in the event of irremediable defects in the goods, deliver new goods to  the Buyer. Later claims of this type will need to be substantiated. 
• (5.5) The Buyer shall be entitled to withdraw from the Purchase Contract in the  event of non-delivery of the goods by the Seller within the period specified in the  Terms and Conditions and the Seller shall be obliged to refund to the Buyer the  part of the Purchase Price already paid. 

(6) Acquisition of ownership and transfer of risk of damage to goods 

• (6.1) The Goods shall remain the property of the Seller until full payment of the  purchase price by the Buyer. The Goods are delivered to the Buyer upon their  receipt by the Buyer upon personal collection or upon their collection by the  transport company. 
• (6.2) The risk of damage to the goods passes to the Buyer at the moment when  he takes over the goods from the Seller or at the moment when the Seller allows  him to dispose of the goods and the Buyer does not take over the goods. 

(7) Complaints procedure for entrepreneurs 

• (7.1) The Seller is liable for defects in the goods and the Buyer is obliged to  immediately file a claim with the Seller. 
• (7.2) The following Complaints Procedure shall apply to the handling of complaints.
• (7.3) The Buyer shall have the right to claim a warranty from the Seller only for  goods that are defective, caused by the manufacturer, supplier or the Seller, are  covered by warranty and were purchased from the Seller. 
• (7.4) The buyer is obliged to inspect the goods upon receipt of the goods. If he fails  to do so, he may only claim for defects if he proves that the goods already had such  defects at the time of acceptance. 
• (7.5) During the warranty period, the customer has the right to have the defect  rectified free of charge upon presentation of the goods including accessories. ● (7.6) Complaints shall be handled by the Seller in writing or electronically. If the  goods are defective, the Buyer has the right to make a claim in the first instance  directly with the Seller. The Buyer shall make a claim by delivering the goods  including accessories to the address Vinárska 26, Lužianky 951 41, Slovak Republic  and filling in the claim form and delivering it by post together with the claimed goods,  or delivering the claim form electronically. When making a claim, the buyer is obliged  to present proof of purchase of the goods. The buyer is obliged to indicate precisely  the type and extent of the defects in the goods. The complaint procedure for goods  that can be objectively delivered to the Seller shall commence on the day when the  following conditions are met: 
• (7.6.1) Delivery of the completed claim form 
• (7.6.2) Delivery of the claimed goods including accessories The claim form can be downloaded by clicking on this link: COMPLAINT FORM FOR  MAKING A COMPLAINT BY THE BUYER. The start of the claim procedure is also the date  of the claim. The claimed goods must be delivered to address Vinárska 26, Lužianky 951 41, Slovak Republic, unless otherwise specified by the  Seller or a designated person. In case of any doubts, please contact the Seller at +421 (0)  908 126 828‬‬ or by e-mail: info@voxberg.com. 

• (7.7) The Seller undertakes to handle complaints of entrepreneurs under  these Terms and Conditions within 50 days. 
• (7.8) The Seller reserves the right to replace the defective item with a faultless one  instead of removing the defect. 
• (7.9) The right to a free warranty repair shall be extinguished: 
• (7.9.1) by failing to provide a warranty certificate, accessories, documentation of the  goods or 
• (7.9.2) proof of payment if it serves as a guarantee 
• (7.9.3) failure to notify obvious defects upon acceptance of the goods
• (7.9.4) the expiry of the warranty period of the goods 
• (7.9.5) mechanical damage to the goods caused by the buyer 
• (7.9.6) by using or storing the goods in conditions which do not correspond to the  natural environment in terms of humidity, chemical and mechanical influences
• (7.9.7) improper handling, servicing or neglect of the goods 
• (7.9.8) damage to the goods by unavoidable and or unforeseeable events
• (7.9.9) damage to the goods by use contrary to the conditions specified in the  documentation, general principles, technical standards or safety regulations in force  in the Slovak Republic 
• (7.9.10) damage to the goods by accidental spoilage and accidental deterioration
• (7.9.11) unprofessional intervention, damage during transport, damage to points,  static or atmospheric electricity or other acts of God 
• (7.9.12) interference with the goods by an unauthorised person. 
• (7.10) The Seller is obliged to handle the complaint and terminate the  complaint procedure in one of the following ways: 
• (7.10.1) by handing over the repaired goods 
• (7.10.2) exchange of goods 
• (7.10.3) by refunding the purchase price of the goods 
• (7.10.4) by paying a reasonable discount on the price of the goods
• (7.10.5) by a written invitation to take over the performance specified by the Seller
• (7.10.6) by reasoned rejection of the claim. 
• (7.11) The guarantee period for food and food supplements is the guarantee period  indicated on the packaging. For other goods, the warranty is 12 months and starts  from the date of receipt of the goods by the buyer. If the purchaser is a businessman  and purchases the product for his business activity, the warranty period is calculated  according to the manufacturer's warranty conditions in accordance with the relevant  terms and conditions pursuant to the Commercial Code § 429 et seq. For selected  products, the manufacturer's warranty is limited for corporate purchasers. Defective  goods and claims arising from defective goods must be made before the end of the  warranty period. Upon expiry of the warranty period, the right to make a claim  expires. The warranty cannot be claimed for normal wear and tear of the goods and  for gifts with the goods. 
• (7.12) The warranty period is extended by the period during which the buyer has  been unable to use the goods due to their repair. 
• (7.13) In case of replacement of the goods with new goods, the warranty  period starts again from the receipt of the new goods, but only for the new  goods.
• (7.14) If it is a defect that can be rectified, the Seller shall arrange for its repair. If  repair is not possible and the nature of the defect does not prevent normal use, the  parties may agree on a reasonable discount on the price of the goods. In the event  of a discount, the defect cannot be claimed at a later date. 
• (7.15) If there is a defect which cannot be remedied and which prevents the item  from being properly used as an item without defect, the Seller is entitled to replace  the defective goods with goods of the same or similar utility or issue a credit note. 
• (7.16) If the delivery of defective goods is a material breach of contract, the  buyer may: 
• (7.16.1) require the removal of defects by delivery of replacement goods for the  defective goods, delivery of the missing goods and require the removal of legal  defects, 
• (7.16.2) require the removal of defects by repairing the goods, if the defects are  repairable, 
• (7.16.3) demand a reasonable discount on the purchase price; or
• (7.16.4) withdraw from the contract. 
• (7.17) The Buyer shall only have the choice between claims for the settlement of a  claim if it notifies the Seller in a timely defect notification or without undue delay after  such notification. An asserted claim may not be changed by the Buyer without the  consent of the Seller. However, if it turns out that the defects in the goods are  irreparable or that their repair would entail disproportionate costs, the Buyer may  demand delivery of replacement goods if he requests the Seller to do so without  undue delay after the Seller has notified him of this fact. If the Seller fails to remedy  the defects in the goods within a reasonable additional period of time, or if the Seller  notifies before the expiry of the period of time that it will not remedy the defects, the  Buyer may withdraw from the Contract or demand a reasonable discount on the  purchase price. 
• (7.18) If the buyer fails to notify the election of his claim within the time limit  specified in the terms and conditions, he shall have claims for defects in the goods  as in the case of an insubstantial breach of contract. 
• (7.19) If the delivery of defective goods violates the contract in an insubstantial  manner, the buyer may demand the delivery of the missing goods and the  elimination of other defects or a discount on the purchase price. 
• (7.20) Until the Buyer claims a discount on the purchase price or withdraws from  the contract, the Seller is obliged to deliver the missing goods and to remedy  legal defects in the goods. Other defects shall be remedied at the Seller's option  by repairing the Goods or by supplying replacement Goods, but the manner of  remedying the defects shall not cause the Seller to incur unreasonable costs to  the Buyer. 
• (7.21) If the Buyer requires the removal of defects in the Goods, the Buyer may not,  before the expiration of an additional reasonable period of time granted to the  Seller, assert any other claims arising from defects in the Goods other than claims  for damages and liquidated damages, unless the Seller notifies the Buyer that it will  not comply with its obligations within that period. This period must be in accordance  with the terms and conditions. 
• (7.22) Unless the Buyer specifies an additional period of time or claims a discount  on the purchase price, the Seller may notify the Buyer that it will remedy the  defects within a certain period of time. If the Buyer fails to notify the Seller of its  disagreement without undue delay after receiving such notice, such notice shall  have the effect of setting a time limit under the Terms and Conditions. 
• (7.23) If the Seller fails to remedy the defects in the goods within the time limit  resulting from the terms and conditions, the Buyer may claim a discount on the purchase price or withdraw from the Contract if he notifies the Seller of his intention  to withdraw from the Contract at the time of determining the time limit according to the terms and conditions or within a reasonable period before withdrawal.  The Buyer may not change the selected entitlement without the Seller's consent.
• (7.24) Under the terms and conditions, a breach of contract is material if the  breaching party knew at the time the contract was made, or at that time it was  reasonably foreseeable having regard to the purpose of the contract, that the other  party would not have an interest in the performance of its obligations in the event of  such a breach of contract. When in doubt, the breach of contract shall be presumed  not to be material. 

• (7.25) The handling of the claim only applies to the defects listed on the claim  form. 
• (7.26) The Buyer's right to make a claim for a defect in the Goods is exhausted after  the Buyer has exercised his right and requested the Seller to remedy the defect in  the Goods and, regardless of the outcome of the claim, the Buyer is not entitled to  make a claim again for the same defect. 
• (7.27) If the Seller terminates the claim procedure as a justified rejection of the claim,  and the Buyer is not satisfied with the result of the claim, the Buyer may exercise its  right to have the defect in the goods rectified through the courts. 

(8) Withdrawal from the contract of sale 

• (8.1) The Seller shall have the right to withdraw from the Purchase Contract on the  grounds of out of stock, unavailability of the Goods, or if, even after making all efforts  that may be fairly required of him, he is unable to deliver the Goods to the Buyer  within the time or at the price specified in these Terms and Conditions. The Seller  must immediately inform the Buyer of this fact and refund to the Buyer the deposit  already paid for the Goods agreed in the Contract of Sale within 14 days of the notice  of cancellation in the same manner as that used by the Buyer for its payment, without  prejudice to the Buyer's right to agree with the Seller on another method of payment,  provided that no further charges will be made to the Buyer in connection therewith.  The Seller may also withdraw from the Purchase Contract if the Buyer has not taken  delivery of the Goods within 5 working days of the date on which the Buyer was  obliged to take delivery of the Goods. 
• (8.2) The buyer, who is a businessman, may be offered an alternative withdrawal  from the purchase contract depending on the condition of the returned goods. The  condition of the goods will be assessed by the Seller. The Seller may charge the  Buyer for any additional costs incurred. 
• (8.3) The Buyer may withdraw from the Purchase Contract in accordance with the  provisions of the Commercial Code. The buyer is not entitled to withdraw from a  contract, the subject of which is the sale of goods made to the buyer's special  requirements, custom-made goods or goods intended specifically for one buyer. 

(9) Final provisions 

• (9.1) The Seller has the right to change these General Terms and Conditions.
• (9.2) If the contract of sale is in writing, any modification thereof must be in  writing. 
• (9.3) The Parties agree that communication between them shall be by e-mail or  letter. 
• (9.4) Relationships not governed by these General Terms and Conditions are  subject to the relevant provisions of the Commercial Code.

Part Three of the General Terms and  Conditions 

e-commerce www.voxberg.com 

(1) General provisions applicable to the first and second part of these  general terms and conditions: 

• (1.1) These terms and conditions shall enter into force in relation to the buyer -  consumer and entrepreneur on the date of conclusion of the contract. 
• (1.2) The Seller is entitled to unilaterally change or modify these Terms and  Conditions at any time. The general terms and conditions valid and effective at the  time of conclusion of the contract shall apply to the relationship between the  consumer/business and the Seller. 
• (1.3) If any provision of these General Terms and Conditions is or becomes invalid or  ineffective, the provision whose meaning is as close as possible to the invalid or  ineffective provision shall apply instead. The invalidity or ineffectiveness of one  provision shall not affect the validity of the other provisions of the General Terms and  Conditions. In the event of doubt, the provisions of these terms and conditions shall  be regarded as valid rather than invalid. 
• (1.4) These General Terms and Conditions, including their changes and updates,  enter into force on the date of their publication on the Seller's website. 

These general terms and conditions are valid and effective from 18.10.2022.