General terms and conditions
I. Basic provision
These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act no. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the "Civil Code"), Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Consumer Protection in Distance Selling Act")
Food Management Company, s.r.o
ID: 47 214 422
VAT number: 20 2391 3980
with registered office: Starorímska 20, 851 10 Bratislava
registered in the commercial register of the Bratislava I District Court, section: Sro, file no. 90239/B
contact information:
email address: galovic@konomi.sk
website: www.konomi.sk
(hereinafter referred to as "seller")
These terms and conditions govern the mutual rights and obligations between the seller and the natural or legal person who concludes the purchase contract (hereinafter referred to as the "buyer") through the web interface located on the website available at www.konomi.sk (hereinafter referred to as the "online store").
The terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
II. Information about goods and prices
Information about the goods, including the prices of the individual goods and their main features, are listed with the individual goods in the online store catalog. The prices of goods are listed including value added tax. The prices of the goods remain valid for the period during which they are displayed in the online store.
All presentations of goods placed in the online store catalog are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
Possible discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of purchase contract
The buyer orders the goods by filling out the order form in the section of the online store called "basket".
When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
After receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
If the seller cannot fulfill any of the requirements listed in the order, he will send the buyer a changed offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his e-mail address specified in these terms and conditions.
In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer was sent an automatic confirmation of receipt orders according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer a changed offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.
IV. Payment conditions and delivery of goods
The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
- cashless by credit card
- by cashless transfer to the seller's account via the payment gateway
- cash on delivery or payment card upon delivery of the goods
- in cash or by credit card for personal collection in the store
- in cash or by credit card when collecting the parcel in person
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
In the case of payment in cash, the purchase price is payable upon receipt of the goods.
In the case of payment through a payment gateway, the buyer follows the instructions of the relevant provider of electronic payments.
In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- through the dispatch office of shipments to the address of the dispatch office specified by the buyer
- by personal collection at the seller's premises
The choice of delivery method is made during the ordering of goods.
The costs of delivery of the goods, depending on the method of sending and receiving the goods, change in connection with their stated price.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. In the event of detection of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.
The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's email address or listed as a physical attachment to the shipment.
The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by receiving the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of taking over the goods or at the time when the buyer had the obligation to take over the goods, but did not do so in violation of the purchase contract.
V. Withdrawal from the contract
A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
If the purchase contract is concluded remotely (through the online store) or outside the seller's premises, and at the same time if the seller has timely and properly provided the buyer with information about the right to withdraw from the purchase contract, the conditions, the deadline and the procedure for exercising the right to withdraw from the purchase contract, including the form to withdraw from the purchase contract (in accordance with the provisions of § 3 paragraph 1 letter h) of the Act on Consumer Protection in Distance Selling) and subject to the simultaneous fulfillment of the facts required by law, the buyer has the right under the Act on Consumer Protection in Distance Selling without stating reason and without any penalty to withdraw from the purchase contract.
The deadline for withdrawing from the contract is 14 days from the confirmation of the order by the seller.
In order to comply with the deadline for withdrawing from the purchase contract, the buyer must send any clear statement expressing his will to withdraw from the purchase contract within the specified period according to par. 3 of Article VI of these terms and conditions.
To withdraw from the purchase contract, the buyer can use the sample form for withdrawal from the purchase contract provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
The buyer who withdraws from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawing from the purchase contract. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.
If the buyer withdraws from the purchase contract, the seller will return to him immediately, but no later than 14 days after withdrawing from the purchase contract, all funds, except for the delivery costs, which he received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if it does not incur additional costs.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to sold-out stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him on the basis of the contract, in the same way, or in a way specified by the buyer.
VI. Rights from defective performance
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have the properties agreed upon by the parties, and in the absence of agreements, they have the properties that the seller or manufacturer described or that the buyer expected due to the nature of the goods and based on the advertising carried out by them
- the goods are suitable for the purpose that the seller states for their use or for which goods of the same type are normally used
- the quality or design of the goods corresponds to the agreed sample or design, if the quality or design was determined according to the agreed sample or design
- is the goods in the corresponding quantity, measure or weight and
- the goods comply with the requirements of legal regulations
The seller has obligations from faulty performance at least to the extent that the manufacturer's obligations from faulty performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within 6 months of receipt.
If the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer complains to the seller that the goods are defective, the time limit for exercising rights from defective performance does not run nor the warranty period for the period during which the buyer cannot use the defective goods.
The provisions mentioned in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer , or if it follows from the nature of the goods. The buyer does not have the right from defective performance if he knew before taking over the goods that the goods had a defect, or if the buyer himself caused the defect.
In the event of a defect, the buyer can submit a complaint to the seller and demand:
- exchange for new goods
- repair of goods
- a reasonable discount from the purchase price
- withdraw from the contract
- if the goods have a substantial defect
- if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair
- in the case of a greater number of product errors
A breach of the contract of sale, which the breaching party already knew at the time of concluding the contract, or should have known, that the other party would not have concluded the contract if it had foreseen this breach, is material.
If the repair or replacement of the goods is not possible, based on withdrawal from the contract, the buyer can request a full refund of the purchase price.
If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
The buyer cannot claim discounted goods for the reason for which the given goods are discounted.
The seller will decide on complaints within 3 days of receiving the buyer's complaint about the defective product.
The seller informs the buyer in writing, electronically, about the result of the complaint.
The buyer has the choice of the complaint method.
VII. Alternative dispute resolution
The consumer has the right to submit a proposal to start an alternative dispute resolution (hereinafter referred to as "ARS") to the ARS entity if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights.
Thus, the consumer has the right to submit a proposal for the initiation of an ARS in the event that the seller responded negatively to the consumer's request or did not respond to it within 30 days from the date of delivery of its shipment.
The ARS proposal is submitted by the consumer to the relevant ARS entity. In the event of a dispute with the e-shop seller, this entity is the Slovak Trade Inspection. The proposal form is available at this link: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov/formular-pre-podanie-navrhu-na-zacatie-ars.soi . The proposal can be submitted by the consumer in paper form, in electronic form or orally in the minutes.
The ARS entity can reject the consumer's proposal, if the proposal was submitted after one year has passed from the date of delivery of the seller's negative response to the consumer's request for correction. He can also reject the proposal if the consumer has demonstrably not tried to resolve the dispute by communicating with the seller or if the value of the dispute does not exceed the amount of 20 euros. The ARS entity can reject the proposal even if the proposal concerns a matter that it has dealt with before and the consumer has been informed about the details of its submission, while the proposal does not contain any new facts and the ARS would be clearly ineffective in view of all the circumstances. In the event that the ARS entity rejects the consumer's proposal, in that case it will notify him without delay, including the justification for the rejection of the proposal.
The parties to the dispute are obliged to provide the necessary cooperation of the ARS entity to achieve a quick and efficient course of alternative dispute resolution.
The costs associated with the alternative resolution of the dispute shall be borne by each of the parties to the dispute separately without the possibility of reimbursement.
VIII. Delivery
The contracting parties may deliver all written correspondence to each other via electronic mail.
The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his order.
IX. Personal information
All information you provide during our cooperation is confidential and we will treat it as such.
More detailed information on personal data protection can be found in the personal data protection policy HERE .
X. Final Provision
All rights to the seller's website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions can be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
An attachment to the terms and conditions available at the link below is a form for withdrawing from the purchase contract.
The form for withdrawing from the purchase contract can be downloaded here.
These terms and conditions take effect on January 31, 2023 until further notice.