General business conditions of the online store (e-shop)

Article I.

Definitions

1. The operator of the website (e-shop) is GoldFish 195+ Foundation, oz, Gaštanová 1008/27, 014 01 Bytča – Veľká Bytča.
2. The seller is GoldFish 195+ Foundation, oz, Gaštanová 1008/27, 014 01 Bytča – Veľká Bytča .
3. The supplier of goods and services offered in the e-shop goldfish.help is GoldFish 195+ Foundation, oz, Gaštanová 1008/27, 014 01 Bytča – Veľká Bytča.
4. The buyer is every e-shop visitor who has created an order through the e-shop. For the purposes of Act no. 102/2014 Coll. “consumer” means a natural or legal person who does not purchase goods for the purpose of selling them to other persons, for the purpose of business or employment.
5. An e-shop is a computer system located on the Internet with public access that allows you to order goods or services.
6. All products published on the e-shop website are goods or services.
7. The order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete completion of the order form.
8. The buyer fully recognizes electronic communication, especially through e-shop, e-mail communication and telephone communication.

Article II

The price

1. All listed prices for goods are final. Non-profit organization GoldFish 195+ Foundation, oz, Gaštanová 1008/27, 014 01 Bytča – Veľká Bytča is not a tax entity registered for VAT.
2. The seller is bound by the price stated on the e-shop website at the time of purchase.

Article III.

Order

1. The order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete completion of the order form. For the correct processing of the order, it is necessary to fill in the required data in the order and choose the transport and payment options for the ordered goods or services.
2. By sending the order, the buyer agrees with the price of the ordered goods and services and thus the order becomes binding for the consumer.
3. By confirming the order by the seller, a purchase contract is created, which can be changed, canceled or supplemented only on the basis of a mutual agreement between the buyer and the seller, unless otherwise provided by law or regulation.
4. After creating an order in the e-shop, the buyer is automatically generated an e-mail confirming receipt of the order by the e-shop. This e-mail is not a confirmation of the goods within the meaning of para. 3. of this article.
5. By sending the order, the buyer is bound to pay the purchase price of the ordered goods.

Article IV.

Terms of payment

1. It is possible to pay for goods and services in the e-shop in the following ways:
   a) payment through the payment gateway https://stripe.com/
   b) payment on the basis of an advance invoice – in advance, the goods will be dispatched upon receipt of funds to our account, SK17 8330 0000 0023 0134 2732
2. Supplements for individual payment options are listed in Art. VI of these General Terms and Conditions.

Article V.

Terms of Delivery

1. The seller is obliged to send the goods to the buyer within 30 days of the purchase contract, unless otherwise agreed, or if a longer delivery time was not specified for the goods.
2. If the goods in stock are shipped according to capacity as soon as possible, our organization usually sends the goods within 7 working days.
3. If there are several goods and services in the order and some of them are not in stock, we will inform the buyer with the possibility of partial deliveries.
4. An invoice (tax document), instructions as well as other documents on the goods or services from the manufacturer are sent to the customer together with the goods.
5. The place of performance is considered to be the place to which the goods are delivered.
6. The Seller carries out the delivery to the Buyer by:
   a) Slovak Post
   

Article VI.

Shipping, packaging and payment options

1. When paying in advance to a bank account on the basis of an advance invoice or through payment gateways, we do not charge for transport.
2. The seller may also agree with the buyer on a procedure other than the standard (above) procedure for sending goods or services as well as prices for these services.
3. The seller can send goods that are immediately available to the buyer and deliver the rest of the order additionally within the legal period, but provided that the buyer will not be charged any additional postage, other than that included in the order.

Article VII

Transfer of ownership

1. Ownership passes from the seller to the buyer at the time of payment of the full price for the subject of the purchase contract.
2. The seller reserves the right, in the event of a complaint by the buyer, to equip the goods or services, which are still covered by the seller’s ownership right, only at the moment of full payment of the subject of the purchase contract.

Article VIII

Cancellation of the purchase contract

1. The buyer has the right to cancel the ordered goods or services within 24 hours of the creation of the purchase contract without cancellation fee for the goods that are made to order, according to the specific requirements of the consumer or specifically for one consumer.

Article IX

The consumer’s right to return the goods without giving a reason and the consumer’s instructions

1. Pursuant to Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance or off-premises contract of the seller and on the amendment of certain laws (hereinafter the “Act”) under the provisions of § 7 et seq. days from the date of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract before the delivery of goods.
2. If the consumer wants to exercise this right, he is obliged to deliver the written withdrawal from the purchase contract in person to the contact address of the seller no later than the last day of the specified period or to deliver this withdrawal by post no later than the last day of the period to the address specified in the contacts. After notifying the withdrawal from the contract, the consumer is obliged to send or deliver the subject of the contract from which he withdraws together with all documentation – e.g. the original invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than within 14 days from the date of withdrawal (§10 paragraph 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. You can use the following form to withdraw from the contract: Withdrawals from the purchase contract, in which it is necessary to fill in the minimum data marked “*” – with an asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie %20od% 20zmluvy.pdf).
3. Do not send the goods to us on delivery, such goods will not be accepted.
4. The e-shop operator will return the paid performance for the goods / service, including transport costs in accordance with Art. §9 par. 3) of Act no. 102/2014 Coll., As well as costs demonstrably incurred to order the goods within 14 days from the date of delivery, but does not have to return the money before the delivered goods or the consumer does not prove the shipment, this does not apply if the seller suggested that the goods he picks it up himself.
5. The cost of returning the goods is borne by the consumer.
6. The right to withdraw from the contract does not apply to goods and services, which are defined in §7 par. 6 letter a) to l) of Act no. 102/2014. Zz
7. The consumer bears any reduction in the value of the goods caused by its use beyond what is necessary to determine the functionality and properties of the goods.

Article X.

Rights and obligations of the contracting parties

1. The seller and the buyer are considered to be the contracting parties.
2. The buyer is obliged to:
   a) take over the ordered goods,
   b) pay the agreed remuneration to the seller for the goods,
   c) check the integrity of the packaging or and the goods themselves when taking them over.
3. The seller is obliged to:
   a) deliver the goods to the customer in the required quality, quantity and at the agreed price,
   b) together with the goods or additionally send to the customer all documents for the goods, such as an invoice for the goods, a complaint form, operating instructions in the codified form of the Slovak language.

Article XI.

Privacy

1. Personal data are processed in accordance with Act no. 18/2018 Coll. on the protection of personal data, as amended.
2. The Operator does not provide the Buyer’s personal data to a third party, except for the selected transport company that ensures the delivery of goods or services, or to state authorities in the case of control, or to an intermediary on the basis of a mutual contract concluded under Act no. 18/2018 Coll
3. The operator is obliged to secure personal data before making them available to unauthorized persons, by taking appropriate technical and organizational measures. Also, all employees of the operator are obliged to maintain confidentiality in relation to personal data.
4. The person concerned has rights as defined in Art. § 19 et seq. Act no. 18/2018 Coll. On the protection of personal data, as amended, namely:
   a) the right to information which is fulfilled by these content and business conditions,

1. b) the right to request access to personal data concerning the data subject – § 21 of the Act lies in your right to request how and for what purposes your data is processed, and you can address this request to the contact e-mail.
   c) the right to correct personal data – § 22 of the Act allows you to correct personal data if they are out of date,
   d) the right to delete personal data – § 23 of the Act you will use if you are not interested in the operator’s further processing of personal data,
   e) the right to restrict the processing of personal data – § 24 of the Act to apply if you believe that personal data have been processed in violation of the law,
   f) the right to object to the processing of personal data – § 27 of the Act,
   g) the right to the transfer of personal data,
   (h) the right to lodge a complaint with the supervisory authority in relation to the processing of personal data
2. The operator obtains the following personal data from the buyer: title, name, surname, address, delivery address, billing address, telephone number, e-mail address , which are processed for the purpose of correct processing of your order. This personal data is stored for 10 years for archiving purposes. As part of the order processing, personal data is processed for the purpose of issuing invoices, issuing stock (delivery) letters, providing transport as well as accounting in accounting.
3. This site records your IP address, time information, how much time you spend browsing those sites, and information about which sites you come to us from. Cookies are text files that are stored on your computer and are also used to measure site traffic and customize the display of the site, and thanks to these files we can offer you better content. Therefore, we perceive these files as our legitimate interest. Some cookies are third-party files, e.g. Youtube, Google and the like.
4. You can delete cookies at any time or set their collection directly in the Internet browser settings. If you want to refuse the collection of cookies, set this in your internet browser.
5. If the buyer agrees to the processing of personal data in the e-shop for the purposes of e-mail marketing, he agrees to the sending of e-mail messages to the contact e-mail address.
6. Personal information for email marketing purposes to the extent of first and last name, email address are provided for a period of five years. This personal data is not provided to third parties.
7. The buyer can revoke his consent at any time by sending an Appeal with the processing of personal data, which we will delete immediately. You can also log out by unchecking the box in the user’s user account (if the buyer has requested the creation of a user account). We will no longer use the personal information you provide for the purposes of email marketing.

Article XII

Compensation for non-acceptance of goods

1. The seller has the right to compensation (according to the provisions of § 420 et seq. Of the Civil Code), if the buyer ordered goods that did not cancel or. did not withdraw from the contract and at the same time did not take over the goods from the carrier or, at the request of the seller, in the case of choosing a personal collection, did not take over the goods within the specified time limit for collection. By doing so, the buyer has breached its obligation set out in Art. X point 2. letter a), according to which the buyer is obliged to take over the ordered goods.
2. In determining the amount of damages, the seller takes into account the transport costs and associated fees in sending the goods, costs associated with packaging, shipping and administration of the order, as well as all other costs incurred with the implementation of the order and also has the right to charge and lost profits.
3. The seller also has the right not to exercise the right to damages or to exercise this right only in part.

Article XIII

Final provisions

1. The seller reserves the right to change and amend these general terms and conditions and complaint conditions without prior notice to the buyer. In the event of a change in the general terms and conditions or complaint conditions, the entire purchase process is governed by those general terms and conditions that were valid at the time of sending the order to the buyer and these are available on the seller’s website.
2. Complaint conditions are an integral part of these general terms and conditions.
3. By sending the order, the buyer has read the general terms and conditions as well as the complaint conditions and agrees with their wording.
4. These conditions were developed within the certification project e-shop nakupujbezpecne.sk
5. These general terms and conditions and complaint conditions are available at the company’s headquarters for inspection by buyers as well as are published on the e-shop website.
6. Otherwise unregulated relations in these general business conditions as in their inseparable parts (annexes) are governed by the relevant provisions, in particular Act no. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 122/2013 Coll., Act no. 22/2004 Coll. As well as Act no. 513/1991 Coll
7. These General Terms and Conditions, including their integral parts, shall enter into force and effect 5. October 2021.
8. Supervisory body Inspectorate of the Slovak Trade Inspection based in Žilina for the Žilina Region, Predmestská 71, PO BOX B-89, 011 79 Žilina 1 , tel .: 041/763 21 30, 041/724 58 68 , e-mail: za @ soi .sk

In Bytča, 5. October 2021

Miroslav Marek, Executive Director

Complaint conditions of the internet shop (e-shop)

integral part of the general terms and conditions

1. Only goods that have been purchased from the seller and that are the property of the consumer can be claimed.
2. If the buyer is a consumer (a natural person who does not act within the scope of his business, employment or profession), all offered goods are guaranteed for 24 months, unless otherwise stated and the procedure is in accordance with the Consumer Protection Act and Of the Civil Code and these complaint conditions. If the buyer has ordered the used item and the buyer has been informed, the warranty period is 12 months. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year and these complaints are not subject to these complaint conditions.
3. The warranty period begins on the day of receipt of the goods from the transport company or directly from the seller, if the goods are taken over by the buyer in person, on the day of receipt.
4. The buyer is obliged to file a complaint with the seller immediately, as soon as the defect is found.
5. Defect liability does not apply to defects caused by the following use:
   1. the defect was caused by mechanical damage to the product caused by the buyer,
   2. improper handling of the product in a manner other than that stated in the instructions for use,
   3. using the goods in conditions that do not correspond to their humidity, chemical and mechanical influences of the natural environment of the goods according to the instructions,
   4. neglect of care and maintenance of the goods,
   5. damage to the goods by excessive loading,
   6. by using the goods in violation of the conditions stated in the documentation, general principles, technical standards or safety regulations or other breach of the warranty conditions.
6. Defects caused by natural disasters are also excluded from liability for defects.
7. Liability for defects also does not apply to normal wear and tear of the goods (or parts thereof) caused by the use of the goods. It is not possible to consider as a defect, as is clear from the nature of the thing, the period of its minimum shelf life or the time of consumption, which may be limited to a shorter time. The date of minimum durability, shelf life, shelf life or similar period is indicated on the goods and the goods are subject to such marking.
8. The claimed goods must be sent to our address below, but not cash on delivery or delivered in person to the contact address. The goods must be packed appropriately so that the goods are not damaged during transport, and we recommend sending the goods by registered mail or as an insured consignment. A copy of the proof of purchase (invoice) and a description of the defect must be attached to the goods or we recommend enclosing a completed Complaint form together with proof of purchase. ( http://www.nakupujbezpecne.sk/docs/form/reklamacia.pdf). We recommend sending the complaint exclusively in writing (by post) or in person (not by e-mail).
9. The seller will confirm the receipt of the complaint and issue the buyer a confirmation of the claim of the goods in a suitable form. The day of delivery of the complaint is considered to be the day of its delivery to the seller, but no later than the moment when the seller prevents or prevents the takeover of the subject of the complaint. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint. Confirmation of the handling of the complaint will be sent in writing.
10. The seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of the complaint. In justified cases, especially if a complex technical evaluation of the goods is required no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the seller will handle the complaint immediately; in justified cases, the complaint can be processed later. However, the handling of the complaint may not be longer than 30 days from the date of the complaint. After the expiration of the 30-day period for handling the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for new ones.
11. Buyer’s rights when making a complaint:
    1. in the case of a defect which can be rectified, the buyer has the right to have it rectified free of charge, in good time and properly, and this defect must be rectified without undue delay,
    2. the buyer may, instead of eliminating the defect, request an exchange of the item, or the defect concerns only a part of the item, replacement of the part if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect,
    3. the seller may replace the defective item with a defect-free item instead of eliminating the defect, if this does not cause serious difficulties for the buyer,
    4. if it is a defect that cannot be removed and which prevents the proper use of the item, the buyer has the right to exchange the item or to withdraw from the contract. The buyer has the same right in the case of removable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or due to a larger number of defects,
    5. in the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.
12. The complaint is considered settled if the complaint procedure ends with the delivery of the claimed goods, its exchange or return of the purchase price of the goods, a written request to take over the performance or its reasoned rejection, while the buyer confirms personal acceptance or the confirmation of the transport company is also a document in case the buyer does not personally take over the complaint.
13. Complaints are considered settled if the complaint procedures are terminated by handing over the claimed goods (by exchanging them, repairing them) by returning the purchase price of the goods, providing a reasonable discount or a reasoned rejection. The consumer is informed about the result of the complaint procedure within the legal deadline.
14. Non-damage of goods, resp. The integrity of the packaging (according to the instructions when taking over the goods) must be checked when taking over the goods, as the goods may be damaged during transport. We recommend buyers to unpack the goods and inspect them in the presence of the carrier. By signing the courier, you declare that the packaging is undamaged.
15. These complaint conditions are an integral part of the general terms and conditions, and the seller reserves the right to change them at any time without prior notice to the seller.

In Bytča, 5. October 2021

PAYMENTS

All funds obtained from the sale of goods in our e-shop will be transferred to the technical account of the organization and will be used to cover costs related to the operation of the e-shop and to finance the operation of the organization GoldFish 195+ Foundation, oz, Gaštanová 1008/27, 014 01 Bytča – Veľká Bytča .