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Terms and Conditions

1. Basic provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") apply only to business relations between the buyer and the company BIOLAMPA.SK s.r.o. (hereinafter referred to as "seller"), concluded through the electronic shop located on the website www.sk.biolampa.totaljs.primaleto.sk (hereinafter referred to as "shop"). These terms and conditions further regulate and specify the rights and obligations of the Seller and the Buyer in their current wording and form an integral part of the Purchase Contract.

1.1.

BIOLAMPA s.r.o. with registered office at BIOLAMPA, s.r.o., Kollárova 51 974 01 Banská Bystrica ID No.: 45265283 is a private company registered in the Commercial Register maintained by the District Court in Banská Bystrica, insert number 17216/S, which focuses on the specialized sale of goods and services related to the treatment and beautification of the body. Further information about the seller is provided in the "Contacts" section.

1.2.

The Buyer is understood to be the consumer or entrepreneur who, after self-authorisation, has sent an electronic order processed by the shop system.

A consumer is a natural person who, when concluding and performing a contract, is not acting within the scope of his trade or other business activity or within the scope of his independent exercise of his profession. At the commencement of business relations, the consumer shall provide the seller only with his contact details necessary for the smooth processing of the order, or, where appropriate, with the details which he wishes to have indicated on the purchase documents.

Legal relations between the Seller and the Consumer not expressly governed by these terms and conditions shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 634/1992 Coll. on Consumer Protection, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises, as well as related regulations, all as amended.

1.3 An entrepreneur shall be deemed to be:

  • a person registered in the Commercial Register,
  • a person who operates a business on the basis of a trade licence (sole trader),
  • a person carrying on business on the basis of a licence other than a trade licence under special regulations (e.g. notary, lawyer),
  • a natural person who carries out agricultural production and is entered in the register under a special regulation (e.g. a self-employed peasant).

Legal relations between the seller and the entrepreneur, which are not expressly regulated by these conditions or by the contract between the seller and the buyer, are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations.

1.4 Purchase contract

The proposal for the conclusion of a purchase contract is the placement of the offered goods by the Seller on the Site. The purchase contract is formed by the Buyer's sending of an order and the Seller's acceptance of the order. Depending on the nature of the transaction (quantity, price, transport costs, distance, etc.), the Seller is entitled to ask the Buyer to authorise the order in a trustworthy manner, e.g. by telephone or in writing. However, this confirmation does not affect the formation of the contract. The resulting contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on legal grounds.

If a long-term framework written purchase contract is concluded between the seller and the buyer, the electronic order shall be governed by this contract in such a case, if the conditions of the e-commerce allow it.

Relations and any disputes arising under the contract shall be governed exclusively by the applicable law of the Slovak Republic and shall be resolved by the courts of the Slovak Republic.

These terms and conditions are available on the e-commerce website at
www.sk.biolampa.totaljs.primaleto.sk, and are therefore available for archiving and reproduction by the purchaser.

In the case of purchase of goods or services by consumers, these terms and conditions shall be governed by Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Under a Distance Contract or a Contract Concluded Off the Seller's Premises and on Amendments and Additions to Certain Acts, as amended.

2. Withdrawal from the contract

2.1 Withdrawal from the contract by the buyer - consumer

The consumer is entitled to withdraw from the contract without giving any reason within fourteen calendar days from the receipt of the goods or from the conclusion of the contract for the provision of services within the meaning of Section 7 (1) of Act No. 102/2014 Coll.

The consumer may also withdraw from a contract, the subject of which is the delivery of goods, before the withdrawal period has started, i.e. before the goods have been taken over.

The seller shall refund the buyer's money by mutual agreement to the account specified in writing by the buyer or in person at the operator's premises, the return of goods may not be in the form of cash on delivery!

The Seller is obliged under § 10 paragraph 4 of Act No. 102/2014 Coll. as amended, the seller is entitled to demand from the consumer reimbursement of the reduction in the value of the goods, which is due to such treatment of the goods, which is beyond the treatment necessary to ascertain the characteristics and functionality of the goods.

2.2 Unless otherwise agreed between the consumer and the seller, the consumer may not withdraw from a contract whose subject matter is:

  • the sale of goods made to the consumer's specific requirements, goods made to measure or goods intended specifically for a single consumer,
  • 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 broken after delivery,
  • the performance of urgent repairs or maintenance which the consumer has expressly requested the seller to carry out; this shall 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 are concluded during a visit by the seller to the consumer and the consumer has not ordered those services or goods in advance,
  • the provision of electronic content other than on a tangible medium, where the provision of that content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses his right of withdrawal by giving that consent.

2.3 Exercise of the right of withdrawal

The consumer may exercise the right to withdraw from the contract pursuant to Section 7(1) of Act No. 102/2014 Coll. with the seller in paper form or in the form of a record on another durable medium; if the contract has been concluded orally, any unambiguously worded statement by the consumer expressing his/her will to withdraw from the contract (hereinafter referred to as the "withdrawal notice") shall be sufficient to exercise the consumer's right to withdraw from the contract. The consumer may use the withdrawal form provided by the seller.

The withdrawal period shall be deemed to have been complied with if the withdrawal notice was sent to the seller no later than on the last day of the period pursuant to Section 7(1) of Act No 102/2014 Coll.

In case of doubt as to delivery, the withdrawal notice sent by the consumer shall be deemed to have been delivered by the expiry of the time appropriate to the method of delivery used, if the consumer can prove that it was sent to the address notified to the consumer by the seller in accordance with § 3(1)(b) to (d) of Act No. 102/2014 Coll. or to the address, the change of which was duly notified to the consumer by the seller after the conclusion of the contract. If the postal item containing the withdrawal notice cannot be delivered to the seller for reasons pursuant to a special regulation, the withdrawal notice shall be deemed to have been delivered on the date of its dispatch to the seller at the address referred to in the first sentence,

Where the seller allows the consumer to withdraw from the contract on his website by using a special function or withdrawal form for that purpose, the seller shall, as soon as the withdrawal is received, provide the consumer with a confirmation of that fact on a durable medium,

If the consumer withdraws from the contract, any ancillary contract relating to the contract from which the consumer has withdrawn shall also be cancelled from the outset. No costs or other payments may be claimed from the consumer in connection with the cancellation of the supplementary contract, except for the costs and payments referred to in § 9(3) and § 10(3) of Act No 102/2014 Coll. and the price for the service, if the subject of the contract is the provision of a service and if the service has been provided in full.

The burden of proof of the exercise of the right of withdrawal shall be borne by the consumer.

2.4 Obligations of the seller in the event of withdrawal

The seller is obliged to return to the consumer without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal, all payments received from the consumer on the basis of or in connection with the contract, including the costs of transport, delivery and postage and other costs and fees; this is without prejudice to the provisions of § 8 (5) of Act No. 102/2014 Coll.

The seller is obliged to return the payments to the consumer pursuant to paragraph 1 of Act No. 102/2014 Coll. in the same way as the consumer used in his payment. This is without prejudice to the consumer's right to agree with the seller on a different method of payment, provided that no additional fees are charged to the consumer in connection therewith.

The Seller shall not be obliged to reimburse the Consumer for additional costs if the Consumer has expressly chosen a method of delivery other than the cheapest normal method of delivery offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the consumer and the cost of the cheapest normal method of delivery offered by the seller.

In the event of withdrawal from a contract the subject of which is the sale of goods, the seller is not obliged to reimburse the consumer for the payments referred to in paragraph 1 of Act No 102/2014 Coll. before the goods are delivered to the consumer or until the consumer proves that the goods have been sent back to the seller, unless the seller proposes to collect the goods in person or through a person authorised by the seller.

2.5 Loss of the right of withdrawal

The consumer must, within 14 days of the date of withdrawal from the contract at the latest, send the goods back or hand them over to the seller or to a person authorised by the seller to take delivery of the goods. This does not apply if the seller proposes to collect the goods in person or through a person authorised by the seller. The time limit under the first sentence shall be deemed to have been complied with if the goods have been handed over for carriage on the last day of the time limit at the latest.

If the consumer withdraws from the contract, he/she shall bear the costs of returning the goods to the seller pursuant to Section 10(3) of Act No. 102/2014 Coll. and, if he/she withdraws from the distance contract, also the costs of returning the goods which, due to their nature, cannot be returned by post.

If the consumer withdraws from a contract for services and has given his/her express consent pursuant to Section 4(6) of Act No. 102/2014 Coll. prior to the commencement of the provision of services, the consumer shall only be obliged to pay the seller the price for the performance actually provided up to the date of delivery of the withdrawal notice.

2.6 Withdrawal from the contract by the buyer - entrepreneur

If the buyer is an entrepreneur, the buyer may be offered an alternative withdrawal from the purchase contract depending on the condition of the returned goods, the lost warranty and the actual price of the returned goods. The condition of the goods is assessed by the seller. In the event of failure to agree terms acceptable to both parties, the goods will be returned at the seller's expense. The Seller shall be entitled to charge the Buyer for any additional costs incurred.

3. Alternative dispute resolution

Dear Consumer. If you believe that we have violated your rights or you are not satisfied with the way we have handled your complaint, please send your request for redress to us at our email address obchod@lenovo-shop.sk

If we reply to this request in the negative, or if we do not reply within 30 days of sending it to the above email address, or if you are not satisfied with our resolution, then based on the amended Act No. 102/2014 and Act No. 391/2015 on Alternative Dispute Resolution for Consumer Disputes, you have the right to an alternative (out-of-court) dispute resolution method.

You may submit your application in the manner specified under Section 12 of Act No. 391/2015 Coll. You can use a form to submit your application, a model of which is also available on the website of the relevant ministry and each alternative dispute resolution body.

List of alternative dispute resolution entities as of 1 April 2016:
https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
The consumer has the right to choose to which of the listed alternative dispute resolution entities he/she will turn to.

The ADR entity may reject the consumer's proposal, e.g.:
if the quantifiable value of the dispute does not exceed EUR 20;
if it is clear that, in view of all the circumstances, alternative dispute resolution could only be pursued with disproportionate effort, etc.

4. Delivery conditions and deadlines

The place of performance of the contract shall be understood to be the residence (registered office) or place of business of the purchaser indicated in the registration form of the shop or in the order form. The Seller shall deliver the goods by using the services of third parties (UPS, DPD) or shall deliver the goods by its own means, or upon agreement with the Buyer (choice when placing the order), the goods shall be ready at the Seller's premises, where the Buyer shall collect them within 7 days after the Seller's request.

Delivery of the goods is made by handing them over to the buyer, or to the post office or the first carrier for transport to the buyer.

The obligation to deliver the goods shall also be deemed fulfilled if the customer fails to take delivery of the goods at the agreed time and place or refuses to take delivery of the goods. If the customer does not take delivery of the goods and the goods are returned to us, we have the right to withdraw from the contract of sale and to claim reimbursement from the customer for the costs associated with the return of the goods (postage costs associated with the return shipment of the goods). Re-delivery is only possible by mutual agreement.

Title to the goods shall pass to the buyer subject to payment of the purchase price in full.

The Seller shall deliver the goods marked as In Stock at the time of the order to the Buyer as soon as possible (i.e. generally within 3 days) after receipt of the electronic order if the goods are on delivery. In the case of payment in advance, the delivery time is based on the receipt of payment to the Seller's account.

The time for delivery may be longer in exceptional cases (depending on the availability of the goods), after a special written agreement of both parties. Failure to deliver the goods by the specified date shall entitle the buyer to withdraw from the contract.

The goods will be delivered to the buyer in normal packaging, except where special requirements arise from the nature of the goods or by agreement.

The buyer who is a businessman is obliged (the buyer who is a consumer is recommended to follow this procedure) to check the condition of the consignment (number of packages, intactness of the tape with the company logo, damage to the box) with the carrier immediately upon delivery, according to the enclosed delivery note. The buyer is entitled to refuse to accept a shipment that does not comply with the purchase contract, e.g. because the shipment is incomplete or damaged. If the buyer accepts the damaged shipment from the carrier, the damage must be described in the carrier's handover report.

5. Payment terms

Payment options:

  • payment in cash upon receipt of the goods at the dispensing point,
  • payment in advance by bank transfer,
  • payment via the bank's internet interface,
  • cash on delivery (cash is collected from the customer by the carrier),
  • payment on invoice with due date (only if the conditions for granting credit are met).

The purchase price is payable at the latest on receipt of the goods (from the courier, from the operator) or on the date indicated on the invoice, advance invoice or when the order is created.

If the price of the goods is paid by electronic payment, the goods are dispatched preferably after the total price including VAT has been credited to the Seller's account.

The Seller reserves the right to require the Buyer to pay in advance (by advance invoice, payment via electronic banking or payment by credit card) for an order price higher than EUR 100, unless the Operator and the Buyer agree otherwise in a convenient manner. In the event of refusal to pay the order in advance, the Seller shall consider the order to be null and void.

6. Warranty conditions and documents

The Operator shall deliver to the Buyer at the latest together with the delivery of the Goods all relevant documents relating to the Goods, i.e.: Invoice - tax document (in electronic form).

The Seller shall be liable for defects that appear on the sold goods within the warranty period caused by material defect, functional defect or defects caused by manufacturing, assembly or installation performed by the Seller's employees.

The warranty does not cover defects caused by unskilled operation, improper handling, use or installation contrary to the user manual, electrostatic discharge or defects caused by excessive mechanical wear and tear. The warranty also does not cover damage caused by acts of God, natural disaster, violent damage, weather conditions or operation under extreme and abnormal conditions.

The warranty is void in the event of unauthorised tampering with the goods by a person who has not been expressly authorised to do so by the operator or manufacturer of the goods.

The warranty conditions for the goods are specified in more detail in the Seller's Complaints Procedure and applicable Slovak legislation.

7. Protection and processing of personal data

More information in relation to the processing of personal data, in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), will be provided to you in the section Protection of personal data.

8. Opening hours

Business premises at Kollárova 51 , Banská Bystrica 974 01

Orders via the online shop at www.sk.biolampa.totaljs.primaleto.sk - 24 hours a day, 7 days a week.

9. Prices

The online shop always lists current and valid prices.

The Seller, based on its business strategy, allocates discounts that are not claimable by the Buyer, unless they are listed on the operator's website on the day of the order.

The Seller determines the postage and packing costs, which are added to the value of the goods in the order and which the Buyer is obliged to pay together with the price of the goods as indicated on the order.

10. Final and transitional provisions

These General Terms and Conditions shall apply as set out on the Operator's website on the date the electronic order is placed, unless otherwise agreed between the parties.

By submitting an electronic order, the Buyer accepts without reservation all the provisions of the General Terms and Conditions and the Complaints Procedure as in force on the date of submission of this order.

Relations between the two parties that are not regulated by these General Terms and Conditions shall be governed by the relevant provisions of the Civil Code, the Commercial Code and other related legislation.

Any disputes between the parties that cannot be resolved by mutual agreement of both parties shall be resolved exclusively according to the applicable law of the Slovak Republic and shall be settled by the courts of the Slovak Republic.
The current terms and conditions came into force on 1.3.2022.