GENERAL BUSINESS TERMS AND CONDITIONS
of the energy-pouch.eu online store
I. Introductory provisions and definition of terms
1.1. These General Business Terms and Conditions (hereinafter referred to as “GBTC”) govern the legal relationships between the company
Business name: Smokeless Future s. r. o.
Registered office: Hlavná 22, Štúrovo 943 01, Slovak Republic
Registered with the District Court of Nitra, Section Sro, Insert No. 56562/N
Company ID: 54415951
Tax ID: 2121655140
VAT number: SK2121655140
Bank account: SK1311000000002944127198
(hereinafter referred to as the “Seller“) and any person who is the Buyer of goods or services offered by the Seller on the Seller’s website and who acts as a consumer within the meaning of other provisions of these General Business Terms and Conditions and relevant laws defining the consumer, within the applicable legislation of the Slovak Republic, in particular the following acts: Act No. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services based on a distance agreement or an agreement concluded outside the premises of the Seller, as in force, Act No. 250/2007 Z.z. on the protection of consumers, as amended, Act No. 22/2004 Z.z. on electronic commerce, as in force, Act No. 40/1964 Z.z. Civil Code, as in force, Act No. 250/2007 Z.z. on the protection of consumers, as in force.
1.1.1. Seller’s email and telephone contact details are:
Email: smokelessfuture.sro@gmail.com
Tel. No.: +421948190665
1.1.2. Seller’s address for sending documents, warranty claims, agreement withdrawals, etc., is:
Fullpost – SMF, Svätého Štefana 10, 943 01 Štúrovo, Slovak Republic
1.2. These General Business Terms and Conditions regulate the legal relationships between Buyers who are consumers, and the Seller.
1.3. The term “Online Store” is synonymous with the terms “Electronic Store” and “Website.”
1.4. The Buyer is any person (natural or legal) who has placed an order, primarily by using the Seller’s website or other remote communication means.
1.5. The consumer is a Buyer who is a natural person and who, when entering into a purchase agreement through the Seller’s website, is not acting within the scope of their business activities.
1.6. The provisions of Act No. 513/1991 Zb., Commercial Code, as in force, apply to contractual relationships (as well as other legal relationships arising from the contractual relationship) with Buyers who are legal entities or with natural persons – entrepreneurs – acting within the scope of their business activities /Buyers who are not acting as consumers/.
1.7. For the purposes of these General Business Terms and Conditions, a distance agreement refers to an agreement between the Seller and the consumer, which is agreed upon and concluded exclusively through one or more means of distance communication, without the simultaneous physical presence of the Seller and the consumer, particularly by using the Seller’s website or other remote communication means.
1.8. The term purchase agreement includes both a purchase agreement for products and an agreement for the provision of services, as defined in the meaning of the text provided in these General Business Terms and Conditions.
1.9. Products (also referred to as “Goods” or “Items”) are goods or services intended for sale and simultaneously published on the Seller’s website.
1.10. The Seller is also the operator of the electronic system through which it operates the website under the domain name energy-pouch.eu.
1.11. The competent authority overseeing consumer protection legality is:
Inšpektorát Slovenskej obchodnej inšpekce (Inspectorate of the Slovak Trade Inspection)
with headquarters in Nitra for the Nitra Region
Staničná 9, P. O. BOX 49A, 950 50 Nitra 1
Odbor výkonu dozoru (Supervision Department)
Tel. No.: 037/772 02 16
Fax No.: 037/772 00 24
Email: nr@soi.sk
Website link for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
1.12. The Buyer may also address any complaints or suggestions directly to the Seller at the address specified in section 1.1.2. of these GBTC. The Seller also recommends that Buyers address complaints and suggestions (for expedited processing) to the Seller’s email address: smokelessfuture.sro@gmail.com.
Any complaint or suggestion will be assessed and processed by the Seller within 10 working days of its receipt. The Seller will inform the Buyer of the outcome in the same form as the Buyer submitted the complaint or suggestion.
1.13. In accordance with section 3, subsection 1, letter n) of Act No. 102/2014 Z.z., the Seller hereby informs the consumer that there are no specific applicable codes of conduct to which the Seller has committed to adhere. Codes of conduct refer to agreements or sets of rules defining the behavior of the Seller, who has committed to comply with such codes of conduct in relation to one or more specific commercial practices or business sectors, provided that they are not stipulated by law or other legal regulations or measures of public administration authorities that the Seller has committed to comply with, and indicating how consumers can become acquainted with them or obtain their wording.
II. Product order – conclusion of purchase agreement
2.1. The placement of a product order by the Buyer constitutes the Buyer’s offer to conclude a purchase agreement, primarily through the use of the Seller’s website or other remote communication means.
2.2. The purchase agreement between the Buyer and the Seller is concluded at the moment when the Seller delivers to the Buyer a confirmation of the order created by the Buyer in accordance with section 2.1. of these GBTC (electronically to the email address provided by the Buyer during the order creation process).
2.3. The purchase agreement is concluded for a definite period of time and terminates primarily upon fulfillment of all obligations of the Seller and the Buyer.
2.3.1. The purchase agreement may also be terminated in other cases defined by the law of the Slovak Republic, particularly by a mutual agreement of the parties, withdrawal from the agreement by the consumer, and similar cases.
2.4. The Seller informs the Buyer that when ordering the products, the Buyer is obliged to make a payment in the form chosen by the Buyer.
III. Purchase price and payment terms
3.1. The price of goods and services ordered through the Seller’s website (hereinafter as “purchase price“) is specified separately for each product and is valid at the moment the order is created by the Buyer.
3.2. The official currency for payment is the euro.
3.3. The purchase price of the goods and services listed on the Seller’s website is the total price of the goods and services, including all taxes, and it is clearly stated on the Seller’s website.
3.3.1. The purchase price of the goods and services does not include shipping costs or any other costs associated with the product delivery.
IV. Payment methods
4.1. You can pay for the goods and services on the Seller’s website using the following methods:
4.1.1. Cash on delivery – price: 0.00 EUR
4.1.2. Payment by bank card through the 24pay payment gateway – price: 0.00 EUR
4.1.3. Deposit or transfer to the Seller’s account – price: 0.00 EUR
V. Delivery of products
5.1. If the Buyer chooses cash on delivery as the payment method for the order, the Seller is obliged to execute the order and deliver the products to the Buyer within a maximum of 30 days from the date of conclusion of the purchase agreement in accordance with section 2.2 et seq. of these GBTC.
5.1.1. If the Buyer chooses a payment method other than cash on delivery, the Seller is obliged to execute the order and deliver the products to the Buyer within a maximum of 30 days from the date of conclusion of the purchase agreement in accordance with section 2.2 et seq. of these GBTC and the full payment of the total price of the order to the Seller. If both conditions specified in section 5.1.1. of these GBTC have been met (i.e., the purchase agreement has been concluded and the total price of the order has been paid to the Seller), the Seller is obliged to deliver the products to the Buyer within a maximum of 30 days from the fulfillment of both these conditions.
The usual timeframe for the Seller to dispatch the products is 2 to 5 days from the date of conclusion of the purchase agreement or 2 to 5 days from the date of full payment of the total price of the order to the Seller.
5.2. The place of delivery of the ordered product is the address provided by the Buyer in the order.
5.3. The Seller will deliver the product to the Buyer either directly (to the Buyer or a person authorized by the Buyer to receive the product) or through third parties (courier and postal companies).
5.4. Delivery of the product is considered completed when it is received by the Buyer (or a person authorized by the Buyer to receive the product).
5.5. The Seller may send the immediately available goods to the Buyer and deliver the remaining part of the order subsequently within the timeframe in accordance with these GBTC, provided, however, that no additional costs arise for the Buyer as a result of the Seller’s actions, and only if the Buyer agrees to such arrangement.
5.6. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality, along with the relevant tax documents related to the order and any other documents that are specific to the respective products or services, if applicable.
VI. Receipt of products
6.1. The risk of damage to the product and liability for any damage to the product passes to the Buyer upon its proper receipt, regardless of whether the product is received personally by the Buyer or by an authorized third party. The Seller recommends that the Buyer carefully inspect the received order upon receipt.
6.2. The ownership right to the products passes to the Buyer upon the receipt of the products by the Buyer at the designated place of delivery.
6.3. The Seller has a right to receive a proper and timely payment of the price for the delivered goods from the Buyer.
VII. Transport – methods and price of transport of the products
7.1. Methods and price of transport of the ordered products:
7.1.1. Form of transport:
7.1.1.1. Courier service
7.1.2. Price of transport:
7.1.2.1. The Seller informs the Buyer of the prices of individual forms of transportation on the Seller’s website during the purchasing process, before concluding the purchase agreement in the section for selecting transportation, as the price for transportation cannot be determined before specifying the delivery address of the products.
VIII. Buyer’s right to withdraw from the purchase agreement without stating any reason
8.1. If the Seller has provided the consumer with timely and proper information about the right to withdraw from the agreement according to section 3, subsection 1. letter h) of Act No. 102/2014 Z.z., the consumer is entitled to withdraw from the distance agreement or the agreement concluded outside the premises of the Seller without stating any reason within 14 days from the day:
a) of receiving the goods according to section 8.1.1 of these GBTC for agreements concerning the sale of goods,
b) of concluding the agreement on the provision of services, or
c) of concluding the agreement on the provision of electronically supplied content not supplied on a tangible medium.
8.1.1. The goods are considered to be received by the consumer at the moment when the consumer or a third party designated by them, with the exception of a carrier, takes possession of all parts of the ordered goods or, if
a) the goods ordered by the consumer in a single order are delivered separately, at the moment of taking possession of the last delivered goods,
b) the goods consist of multiple parts or pieces, at the moment of taking possession of the last part or piece,
c) the goods are delivered repeatedly during a defined period, at the moment of taking possession of the first delivered goods.
8.1.2. If the Seller has provided the consumer with the information according to section 3, subsection 1, letter h) of Act No. 102/2014 Z.z., as in force, only subsequently, but no later than within 12 months from the start of the withdrawal period according to section 8.1. et seq. of these GBTC, the withdrawal period expires after 14 days from the day when the Seller subsequently fulfilled the information obligation.
8.1.3. If the Seller has not provided the consumer with the information according to section 3, subsection 1, letter h) of Act No. 102/2014 Z.z., as in force, even during the additional period according to section 8.1.2. of these GBTC, the withdrawal period expires after 12 months and 14 days from the start of the withdrawal period according to section 8.1. et seq. of these GBTC.
8.1.4. The consumer may withdraw from the agreement concerning the delivery of goods even before the start of the withdrawal period.
8.2. The consumer is obliged to return the goods or hand them over to the Seller or a person authorized by the Seller to receive the goods no later than 14 days from the date of withdrawal from the agreement. This does not apply if the Seller proposes to collect the goods in person or through a person authorized by the Seller. The deadline according to the first sentence is considered met if the goods were dispatched for return transport no later than on the last day of the deadline. (section 10, subsection 1 of Act No. 102/2014 Z.z.).
8.3. The consumer is obliged, if he/she wants to exercise this right, to notify the Seller of the withdrawal from the purchase agreement no later than on the last day of the specified period. The deadline for withdrawal from the agreement is considered to be met if the notification of withdrawal from the agreement was sent to the Seller no later than on the last day of the period to the address of the Seller, which is: Fullpost – SMF, Svätého Štefana 10, 943 01 Štúrovo, Slovak Republic. The consumer may also exercise this right at any branch of the Seller.
8.4. The consumer may exercise the right to withdraw from the agreement with the Seller in writing or in the form of a record on a durable medium; if the agreement was concluded orally, the consumer’s expression of will to withdraw from the agreement in any unambiguous form is sufficient to exercise the consumer’s right of withdrawal (hereinafter referred to as “notification of withdrawal from the agreement”).
8.4.1. If the consumer withdraws from the agreement, every additional agreement related to the agreement from which the consumer withdrew is also cancelled from the beginning. The consumer may not be required to bear any costs or other payments related to the cancellation of the additional agreement, except for the reimbursement of costs and payments specified in section 9, subsection 3 and section 10, subsection 3 of Act No. 102/2014 Z.z., as in force, and the price of the service, if the subject of the agreement is the provision of a service and if the service has been fully provided.
8.5. By withdrawing from the agreement, the contracting parties are obliged to return the performances provided to each other. The consumer is only responsible for the diminished value of the goods resulting from handling them in a manner other than necessary to establish their nature and functionality. The consumer is not responsible for the diminished value of the goods if the Seller did not fulfill the information obligation regarding the consumer’s right to withdraw from the agreement according to section 3, subsection 1, letter h) of Act No. 102/2014 Z.z.
8.6. In order to withdraw from the agreement without stating any reason, the consumer may use the form of withdrawal from the purchase agreement which is freely accessible on the Seller’s website.
8.7. If the consumer withdraws from the agreement in accordance with Act No. 102/2014 Z.z., the costs of returning the goods to the Seller shall be borne by the consumer according to section 10, subsection 3 of Act No. 102/2014 Z.z., and if the consumer withdraws from a distance agreement, also the costs of returning the goods that, due to their nature, cannot be returned by mail. This does not apply if the Seller agreed to bear these costs or if the Seller did not fulfill the obligation according to section 3, subsection 1, letter i) of Act No. 102/2014 Z.z.
8.8. The Seller is obliged to return to the consumer all payments received from them based on the agreement or in connection with it, including the costs of transport, delivery, postage, and other costs and fees, without undue delay and no later than within 14 days from the receipt of the notification of withdrawal from the agreement. This provision is without prejudice to section 8, subsection 5 of Act No. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services based on a distance agreement or an agreement concluded outside the premises of the seller and on amendment of certain acts.
8.9. In accordance with section 9, subsection 3 of Act No. 102/2014 Z.z., as in force, the Seller is not obligated to bear additional costs for the consumer if the consumer expressly chooses a different method of delivery than the cheapest standard method offered by the Seller. Additional costs refer to the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard method of delivery offered by the Seller.
8.10. In the event of withdrawal from the agreement, the Seller recommends sending the products by registered mail. The Seller advises against sending the goods by cash on delivery, as this will not be accepted by the Seller.
8.11. When withdrawing from the agreement, the consumer shall bear only the costs of returning the goods to the Seller or a person authorized by the Seller to receive the goods. This does not apply if the Seller has agreed to bear the costs or if the Seller has not fulfilled the obligation under section 3, subsection, letter i) of the Act on the protection of consumers in the sale of goods or provision of services based on a distance agreement or an agreement concluded outside the premises of the seller and on amendment of certain acts.
8.12. In addition to the obligations stated in sections 1, 3 to 5, and section 9, subsection 3 of Act No. 102/2014 Z.z., exercising the right of the consumer to withdraw from the agreement must not result in additional costs or other obligations for the consumer.
8.13. The right to withdraw from the agreement does not apply to the goods and services specified in section 7, subsection 6, letters a) to l) of Act No. 102/2014 Z.z.
Specifically:
a) Provision of a service if its provision has commenced with the express consent of the consumer, who has declared that they were properly informed that by giving this consent, they lose the right to withdraw from the agreement after the complete provision of the service, and if the service has been fully provided,
b) Sale of goods or provision of services, the price of which depends on fluctuations in the financial market that the Seller cannot control and that may occur during the withdrawal period,
c) Sale of goods made to the consumer’s specifications, goods made to measure, or goods intended specifically for one consumer,
d) Sale of goods that are liable to deteriorate or expire rapidly,
e) Sale of goods sealed for health or hygiene reasons that are not suitable for return and whose protective seal has been broken after delivery,
f) Sale of goods that may be, after delivery, inseparably mixed with other items,
g) Sale of alcoholic beverages, the price of which was agreed upon at the time of concluding the agreement, but their delivery can only take place after 30 days, and their price depends on fluctuations in the market that the Seller cannot control,
h) Urgent repairs or maintenance requested by the consumer; this does not apply to agreements for services and agreements whose subject matter is the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they were concluded during a visit by the Seller to the consumer, and the consumer did not pre-order these services or goods,
i) Sale of audio or video recordings, audiovisual recordings, or computer software sold in protective packaging, if the consumer has unsealed this packaging,
j) Sale of periodicals, except for sales based on a subscription agreement, and sale of books not supplied in protective packaging,
k) Provision of accommodation services for purposes other than residential accommodation, transport of goods, car rental, provision of catering services, or provision of services related to recreational activities, under which the Seller undertakes to provide these services at an agreed time or within an agreed period,
l) Provision of electronic content other than on a tangible medium if its provision commenced with the express consent of the consumer, who has declared that they were properly informed that by giving this consent, they lose the right to withdraw from the agreement.
8.14. In the event of withdrawal from the agreement, the Seller is obliged to return to the consumer the funds in the same form as received from the consumer. Changing the form of returning the funds to the consumer is only possible with the consumer’s consent.
8.15. When withdrawing from the agreement for the sale of goods, the Seller is not obliged to return to the consumer any payments according to section 9, subsection 1 of Act No. 102/2014 Z.z., before the goods are delivered to him or until the consumer provides proof of returning the goods to the Seller, unless the Seller proposes to pick up the goods in person or through an authorized person.
8.16. If the consumer withdraws from the agreement for services and has given explicit consent according to section 4, subsection 6 of Act No. 102/2014 Z.z., in force, before the provision of services commences, the consumer is obliged to pay the Seller only for the actual performance provided until the day of receipt of the notice of withdrawal from the agreement. The price for the actual performance provided is calculated proportionally based on the total price agreed upon in the agreement. If the total price agreed upon in the agreement is overestimated, the price for the actual performance provided is calculated based on the market price of the performance provided.
8.17. The consumer is not obliged to pay for:
8.17.1. Services provided during the withdrawal period regardless of the extent of the provided performance if:
8.17.1.1. The Seller did not provide the consumer with information according to section 3, subsection 1, letters h) or letter j) of Act No. 102/2014 Z.z., as in force.
8.17.1.2. The consumer did not give explicit consent to the commencement of the service provision according to section 4, subsection 6 of Act No. 102/2014 Z.z., as in force.
8.17.2. Completely or partially provided electronic content not supplied on a tangible medium if:
8.17.2.1. The consumer did not give to the Seller any explicit consent to the commencement of the provision of electronic content according to section 4, subsection 8 of Act No. 102/2014 Z.z., as in force.
8.17.2.2. The consumer did not declare that they had been properly informed that by giving consent according to the first section, they would lose the right to withdraw from the agreement, or
8.17.2.3. The Seller did not provide the consumer with a confirmation in accordance with section 6, subsection 1 or 2, letter b) of Act No. 102/2014 Z.z., as in force.
8.18. If, based on the agreement concluded outside the Seller’s premises, the goods were delivered to the consumer’s home at the time of agreement conclusion, and due to their nature, it is not possible to return the goods to the Seller by mail, the Seller is obliged to arrange for a pickup of the goods at its own expense within the period specified in section 9, subsection 1 of Act No. 102/2014 Z.z., as in force.
8.19. The Seller informs the Buyer that if, based on a service agreement, the provision of the service is to commence before the expiration of the withdrawal period, or if the Buyer requests the provision of the service before the expiration of the withdrawal period:
8.19.1. By giving consent to the commencement of the service before the expiration of the withdrawal period, the Buyer loses the right to withdraw from the agreement after the complete provision of the service.
8.19.2. The Seller must have the Buyer’s explicit consent to the commencement of the provision of the service before the expiration of the withdrawal period and a declaration that the consumer has been properly informed according to section 8.19.1 of these General Business Terms and Conditions.
IX. Alternative dispute resolution
9.1. In the event that the consumer is dissatisfied with the way the Seller has handled their complaint or believes that the Seller has violated their rights, the Buyer has a right to contact the Seller and request a remedy. If the Seller responds negatively to the consumer’s request or does not respond within 30 days from the date of its submission by the consumer, the consumer has a right to submit a proposal for alternative dispute resolution in accordance with section 12 of Act No. 391/2015 Z.z. on alternative resolution of consumers’ disputes and on amendment to certain acts in force. The competent authority for alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact details available at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi ) or another authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk/ or directly on the website https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1
The Buyer has a right to choose which of the mentioned alternative dispute resolution entities to turn to. The Buyer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ or directly on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage to submit a petition for the alternative resolution of their consumer dispute. Alternative dispute resolution is only available to the Buyer who acts as a consumer when concluding and performing the agreement. Alternative dispute resolution applies only to disputes between the consumer and the Seller arising from or related to a consumer agreement. Alternative dispute resolution only applies to agreements concluded at a distance. An alternative dispute resolution entity may reject the petition if the quantifiable value of the dispute does not exceed 20 euros. An alternative dispute resolution entity may request a fee for initiating alternative dispute resolution from the consumer, up to a maximum of 5 euros including VAT.
Any further information regarding the alternative dispute resolution between the Seller and the Buyer – consumer, arising from the purchase agreement as a consumer agreement or related to the purchase agreement as a consumer agreement, is available on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Z.z. on alternative resolution of consumers’ disputes.
X. Additional provisions
10.1. The consumer within the meaning of section 10, subsection 2 of Act No. 102/2014 Z.z., as in force, is entitled to refuse to return to the Seller the goods acquired on the basis of an agreement concluded during a sales promotion or in connection therewith until the Seller refunds the paid price or advance payment for the goods or service to the consumer. A sales promotion is an event organized based on an invitation, other invitation addressed to the consumer, or information, the subject of which is primarily the sale of goods or the provision of services, and during which or within 15 working days after the completion of which an agreement is concluded with the consumer.
XI. Final provisions
11.1. The Seller reserves the right to modify the General Business Terms and Conditions. The obligation to provide a written notification of changes to the General Business Terms and Conditions is fulfilled by posting them on the Seller’s website. In the event of changes to the General Business Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Business Terms and Conditions valid and effective at the time of concluding the purchase agreement until its termination.
11.2. For contractual relationships (as well as other legal relationships arising from the contractual relationship) with natural persons who, when entering into a purchase agreement under these GBTC, do not act within the scope of their business activity /consumers/, in addition to the general provisions of Act No. 40/1964 Zb., the Civil Code as amended, special regulations shall also apply, in particular Act No. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services based on a distance agreement or an agreement concluded outside the premises of the Seller, as amended and Act No. 250/2007 Z.z. on the protection of consumers.
11.3. These General Business Terms and Conditions constitute an integral part of the Warranty Claim Procedure and the Personal Data Protection Principles and Instructions of this website. The documents “Warranty Claim Procedure” and “Personal Data Protection Principles and Instructions” of this website are published on the domain of the Seller’s website.
11.4. These General Business Terms and Conditions become valid and effective upon their publication on the Seller’s website on May 25, 2023.
This e-shop is certified by http://www.pravoeshopov.sk
