Operator: Werbea, Ltd., Company ID: 50 007 343, Jakabova 45, 821 04 Bratislava, Slovak Republic
I. ACCEPTANCE AND FULFILLMENT OF ORDER, PURCHASE CONTRACT
- The condition of validity of the electronic order is the proper completion of all mandatory fields of the order form. An order filled in this way is considered a proposal to conclude a purchase contract. The order placed by the buyer is bound and can be revoked only if this happens before the seller sends an e-mail with the acceptance of the order to the buyer.
- The buyer's order is a draft purchase agreement and the purchase agreement itself is concluded at the moment of delivery of binding consent of the seller to this proposal (binding confirmation of the order by the seller). From this moment, mutual rights and obligations starts between the buyer and the seller.
- The Seller reserves the right to cancel the order or its part before concluding the purchase contract in the following cases: the goods are no longer manufactured or delivered, or the price of the delivered goods has changed significantly. In the event that this happens, the Seller shall immediately contact the Buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account, the purchase contract will not be concluded.
- The Seller reserves the right to cancel the purchase agreement unilaterally in case of an obvious printing error regarding the price, description or picture of the goods stated on the website www.werbea.sk. The buyer will be informed of the cancellation of the purchase contract due to an obvious printing error by telephone or by e-mail, which the buyer stated when filling in the electronic order form.
- All orders received by this store are binding. If the order is not canceled prior to shipment and is shipped, the customer may be required to reimburse the cost of shipping the goods. The buyer is automatically informed about the receipt of the order by e-mail. In the details of each product and in the order confirmation is expected delivery time of goods that were not in stock. Each item shows whether the goods are in stock or not. If the goods are not in stock or in the supplier's warehouse, we will inform you immediately of the next delivery date.
- By concluding the purchase agreement, the buyer confirms that he / she has become acquainted with these terms and conditions, including the complaint conditions, and that he / she agrees with them. The buyer is notified of these terms and conditions and complaints procedure in a sufficient way by placing the order and has the opportunity to become acquainted with them.
II. CANCELING ORDER
- If the buyer sends an email notifying the order before the seller has sent the order acceptance email, the order is considered canceled. Order can be canceled by e-mail or by phone. When canceling an order, it is necessary to state your name, e-mail and order number.
III. PURCHASE PRICE OF GOODS AND PAYMENT CONDITIONS
- The Buyer is obliged to pay the purchase price as well as related costs according to the chosen method of delivery of goods and payment of the purchase price for the goods which order was accepted by the seller. In the case of payment of the purchase price by cash on delivery, the buyer is obliged to take over the goods and pay the purchase price as well as the related costs (postage, cash on delivery). Failure to accept cash on delivery by the Buyer without withdrawal shall entitle the Seller to recover the costs incurred by the Buyer.
- Purchase prices of goods listed on www.werbea.sk are valid at the moment of ordering the goods by the buyer. The Seller reserves the right to change the price of the goods in the event of a change in the exchange rates, a significant increase in inflation, changes in legislation or in the event of significant changes in the delivery conditions of manufacturers and distributors of goods, about which the buyer will be informed in advance.
- All purchase prices are in EUR (€).
- The buyer can pay the purchase price of the goods in one of the following ways:
- by cashless payment according to the options listed in the "Payment Method" section
- card or cash for personal collection
- cash on delivery by the delivery person upon receipt of the goods.
- To the purchase price will be added the related costs according to the chosen method of delivery of goods and payment of the purchase price, which the buyer is obliged to pay together with the purchase price.
- The handover of the goods to the buyer is possible after (or at the same time as) the full payment of the purchase price, unless agreed otherwise between the parties.
- The buyer will be issued an invoice for the purchase price, which will be sent to him along with the goods and serves as a tax document.
- The purchase price shall be deemed paid at the moment of crediting the entire purchase price to the bank account of the seller, payment of cash on delivery at the delivery of goods by post or contractual delivery, or in cash at personal collection.
- The ownership right to the goods passes from the seller to the buyer only after full payment of the purchase price by the buyer (retention of title).
- All offers listed in the online store are valid until stocks are sold out, unless explicitly stated otherwise.
IV. OPTIONS FOR ACCEPTANCE OF GOODS
- Goods delivered by courier company Geis Parcel SK Ltd. Unless otherwise stated in the individual order, the cost of the delivery is 5, - €. Cash on delivery 1, - €.
ATTENTION! If the package is visibly damaged or if the protective tape is broken, file a claim directly with the carrier. The seller is not responsible for any damage incurred during transport. The shipment is usually delivered the next business day after it was shipped. The customer is informed about the shipment by e-mail.
V. RIGHT OF THE CONSUMER TO WITHDRAW FROM THE CONTRACT
- The Buyer is entitled to withdraw from the contract within 14 days from the date of receipt of the goods without giving any reason. The buyer may withdraw from the contract even before the withdrawal period begins. However, this provision of the law cannot be understood as the possibility of borrowing goods free of charge. In the event that the right of withdrawal is exercised within 14 days of receipt of performance, the consumer must give the supplier everything he has obtained under the purchase contract. If this is no longer possible (e.g. in the meantime, the goods have been destroyed or consumed), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are only partially damaged, the seller may enforce the right to compensation to the consumer and set off his claim for the returned purchase price. In such a case, the Seller is obliged to prove the damage first.
- The buyer may exercise the right of withdrawal at [email protected], by phone or mail at Jakabova 45, Bratislava, 821 04, Slovakia.
- The withdrawal period shall be deemed to be maintained if the withdrawal notice was sent to the seller no later than the last day of the withdrawal period.
- The Seller shall without undue delay and within 14 days of the date of receipt of the notice of withdrawal, refund to the Buyer all payments received from him under or in connection with the Purchase Agreement, including shipping, delivery and shipping costs and other costs and charges . The Seller shall not be obliged to reimburse the Buyer for any related costs if the Consumer has explicitly chosen a method of delivery other than the cheapest normal method of delivery offered by the Seller. The Seller is not obliged to return the above payments to the Buyer before the goods are delivered to the Seller or until the Buyer proves the return of the goods to the Seller.
- The buyer is obliged to send the goods back or hand it over to the seller within 14 days from the date of withdrawal. Upon withdrawal from the contract, the buyer shall bear the cost of returning the goods to the seller.
- The buyer may not withdraw from the contract, which includes, among other things, the sale of goods subject to rapid deterioration or perishability or the sale of goods enclosed in a protective packaging which is not suitable for health or hygiene reasons and whose protective packaging has been damaged after delivery.
If the goods you received from us are damaged, follow the complaints procedure. Return of the goods due to withdrawal is described in Article V. of the Terms and Conditions.
VII. RETURN POLICY
These Complaints Procedure governs the procedure for claiming the buyer for goods sold by the seller through the website www.werbea.sk
- The seller is responsible for the defects that the goods have been sold when taken over by the buyer. For goods sold at a lower price, it is not responsible for the defect for which the lower price was negotiated.
- The buyer is obliged to inspect the delivered goods upon receipt and to claim immediately apparent defects (with the carrier, or in case of personal receipt of goods). Later claims of this type will not be accepted by the Seller and such claim is unjustified.
- The following are not considered to be defects for which the seller is responsible, and which can be successfully claimed:
- unnecessary goods;
- additional dissatisfaction with the price;
- dissatisfaction with the effects of the goods;
Furthermore, the Seller shall not be liable for a defect if:
- the customer caused the defect of the goods himself or caused by the persons who allowed the goods to be used;
- the customer was aware of the defect before receiving the goods, or he was explicitly and clearly notified of the defect, and the defect was granted a discount on the price of the goods;
- defects arose during the warranty period as a result of wear and tear caused by normal use (e.g. due to natural changes in the materials from which the goods are made);
- the protective seals on the goods have been broken;
- the goods are claimed after the expiry of the warranty period or another period within which the goods are to retain their specific characteristics (e.g. after the expiry date of the goods) or after the expiry of the useful life (if the nature of the goods sold implies that their useful life is shorter than the warranty period and when the goods are normally worn in normal use before the warranty period expires);
- defects are due to a natural disaster or other unforeseeable event caused by force majeure;
- defects were caused by (intentional or unintentional) incorrect or excessive use of the goods, improper or inappropriate treatment, improper servicing, improper handling or storage of goods, improper use of attachments other than those prescribed by the manufacturer.
- The Buyer acknowledges that the reason for the complaint is not the insufficient or undesirable effect of the goods. This is the responsibility of the manufacturer.
- The Buyer acknowledges that used; open goods cannot be returned for hygienic reasons.
- The buyer has the right to return the goods within 7 days only if the goods remain unused and its protective packaging has been preserved.
- The Seller is obliged to return the amount of the goods to the Buyer upon receipt of the goods.
- The warranty period is 24 months, unless a longer warranty period is specified for a particular product. If the period of use is marked on the product, its packaging or its instructions, the warranty period shall not expire before the expiry of this period.
VIII. DELIVERY COMPLAINTS
- The buyer is obliged to check the package for integrity of the package immediately after delivery. If the packaging of the goods is mechanically damaged, the buyer is obliged to notify the carrier of this fact and in his presence check the condition of the goods under the packaging. In the event of damage to the goods rather the carrier with the buyer record, so-called damage protocol. The complaint procedure will be initiated on the basis of this record.
- If the goods sold at a lower price or used goods have a defect for which the seller is responsible, the buyer has the right to a reasonable discount instead of the right to exchange goods. The warranty period also applies to products sold in sales or at a discount. However, if a discount is given due to a certain defect of the goods, this defect cannot be claimed.
Ways of complaint
If you have a complaint, you can choose two options, as described below:
- Send the product to: "Werbea, Ltd., Jakabova 45, Bratislava, ZIP: 821 04, Slovak Republic" and then contact us. Transportation is paid by the seller. The shipment must be complete (including accessories and all documentation) and in the condition in which you received it at delivery. Attach proof of purchase to the goods. Please always use packaging paper or cardboard to prevent sticking, labeling or other deterioration of the original packaging during shipment. Do not send goods on delivery, in which case the goods will not be taken over. We recommend you insure the goods. The goods must be properly packed for transport so as not to cause further damage. Defective or damaged goods due to improper packaging will not be replaced or the purchase price will not be refunded. The goods must be accompanied by all documents received by the buyer with the goods.
- The Seller shall not be liable for damages resulting from the operation of the products, functional properties and damages due to improper use of the products, as well as damages caused by external events and incorrect handling. Defects of this origin are not covered by the guarantee provided. For hygienic reasons, the goods are accepted only if it’s properly cleaned. If the manufacturer provides a longer warranty, it is stated for the goods. You will be informed about the complaint handling by e-mail or SMS. As with the delivery of your order, you will be informed about the shipment of the package and the delivery date.
The use of the products we offer on our website www.werbea.sk is not intended to replace full-fledged disease management. Any application of these products is a personal matter of the customer and therefore he is responsible for their use. As with the treatment of diseases with traditional pharmaceutical methods, the effects of the products may vary slightly from case to case. It is strongly recommended that, especially in severe cases, our customers consult with their attending physician or consult their medical specialists.
X. ALTERNATIVE SETTLEMENT OF DISPUTES
- Under Act No. 391/2015 Coll. on alternative dispute resolution (ADR) of consumer disputes and on amendments to certain laws, the consumer may also assert his rights and claims against the seller through alternative dispute resolution to ADR entities. An alternative dispute resolution is the ADR entity's procedure aimed at achieving a conciliatory settlement of the dispute between the parties to the dispute. The consumer has the right to ask the seller for redress if he is not satisfied with the way in which the seller has settled his complaint or if he considers that the seller has violated his rights. The consumer has the right to bring an alternative dispute resolution entity to the ADR entity if the seller has replied to the request for redress or has not responded to it within 30 days of the date of dispatch.
- Pursuant to Regulation (EU) No 182/2011 of the European Parliament and of the Council Commission Regulation (EC) No 524/2013 of 21 May 2013 on online consumer dispute resolution 2006/2004 and Directive 2009/22 / EC (Regulation on Consumer Disputes Online) (OJ L 165, 18.6.2013), the consumer may also exercise any rights and claims against the seller in an alternative online dispute resolution. Online dispute resolution is provided by the European Commission and the Slovak Online Dispute Resolution Contact Point (RSO).
Similarly, the seller's claims against the consumer can be made through the European platform. The consumer or seller can assert their rights and claims through the online dispute resolution platform by lodging a complaint at http://ec.europa.eu/consumers/odr/index_en.htm.
If you have any problems, please contact the seller at [email protected]
XI. FINAL PROVISIONS
By sending the order, the buyer agrees to the seller with the provisions of these General Terms and Conditions. The buyer hereby confirms that he / she is familiar with them and will respect them.
These General Terms and Conditions apply to the Buyer in the wording as published on the website www.werbea.sk on the day of sending the electronic order of the Buyer, unless otherwise agreed between the parties.
Any change to these GTC will be published on the website www.werbea.sk.