General terms and conditions
1. General provisions
Dgnutrition.sk terms and conditions apply for purchase in the online store www.dgnutrition.com and its sub-pages. The purpose of these terms and conditions is to define and specify the rights and obligations of the vendor (supplier) on the one hand and the buyer (customer, consumer) on the other.
The seller and operator of the internet shop www.dgnutrition.com is Muscle Company, sro, Kutuzovova 17, 831 03 Bratislava - Mestská časť Nové Mesto, registered in the OR District Court Bratislava I, Section: Sro, Insert 106881 / B, ID: 50005421, Tax ID : 212 014 4378.
All contractual relations between the seller and the buyer are concluded in accordance with the legal order of the Slovak Republic. In the case where the consumer is a party to the contract, legal relations governed by the dgnutrition.sk business terms are governed by Act no. 40/1964 Coll. Civil Code, as amended, Act no. 250/2007 Coll. Consumer Protection Act, as amended and Act no. 102/2014 Coll. on consumer protection in the case of doorstep selling and mail sales, as amended. In case a contractor is an entrepreneur, legal relations governed by the business conditions of dgnutrition.com are governed by Act no. 513/1991 Coll. Commercial Code, as amended.
Legal relationships between the seller and the consumer not expressly governed by these conditions are governed by the relevant provisions of Act no. 40/1964 Coll., The Civil Code, Act No. 250/2007. from. Consumer Protection Act, Act No. 102/2014 Coll. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or contract concluded outside the premises of the seller, as well as the related regulations, all as amended.
Supervisory Authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region
Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, Slovak Republic
Technical Product Control and Consumer Protection Department
Phone: 02/ 58272 172-3; 02/ 58272 104
Fax: 02/ 58272 170
Email: ba@soi.sk
2. Definitions
Consumer contract - is a contract of sale, where the parties are on the one hand a supplier and, on the other, a consumer who could not individually influence the content of the contractor's pre-prepared contract for the conclusion of a contract.
Seller (contractor) - a person who, when concluding and fulfilling a consumer contract, acts within the scope of his business or other business activity. It is an entrepreneur who offers or sells products or services to the consumer as well as an entrepreneur who delivers product to the buyer directly or through other entrepreneurs.
Consumer (Purchaser) - a natural person or a legal person who buys products or uses services for personal use or for members of his / her household and who does not carry out a business or other business in the course of concluding and performing a consumer contract.
Non-consumer buyer - is a person who, when closing and performing a purchase contract, acts within the scope of his business or other business.
Business Terms - Contract terms agreed between seller and buyer in this document. At the time of sending your order, the buyer confirms that he or she agrees with these business terms and conditions valid at the time of sending your order and is bound to them at the time of the purchase contract. By submitting your order, the buyer confirms that he has become acquainted with these terms and conditions prior to making the order and agrees with the terms of trade without reservation.
3. The method of concluding a purchase contract
The Purchase Agreement is concluded by binding acceptance of the Buyer's Purchase Buyer's Purchase Contract by Seller in the form of a Buyer's Email Message sent to the Seller and / or Buyer's filled-in and submitted Form on the Seller's Website and / or in the form of a Buyer's Telephone Order to the Seller ").
Binding acceptance of the buyer's order to the seller is a telephone or e-mail confirmation by the seller to the buyer about accepting the order after the buyer has received the order beforehand, and after checking the availability and delivery date of the goods requested by the buyer, marked as "order confirmation". An automatically received notice of receipt of an order to the vendor's electronic system is not considered to be a binding acceptance of the order.
Binding Acceptance of the Order includes details of the name and specification of the goods whose sale is the subject of a purchase contract, further details of the price of the goods and / or other services, the name and details of the buyer, the address where the goods are to be delivered and the price information, the way the goods are delivered to the agreed place of delivery of the goods to the buyer or other data.
4. Obligations of the seller
Seller commits to deliver:
1. The type and quantity of goods in the purchase price and payment terms applicable on the day of dispatch of the order, except for obvious errors and in the event of a significant change in the price of the goods.
2. Goods that are properly packaged to prevent damage during transportation.
We are not responsible for:
1. Delayed delivery of goods by post.
2. Delayed delivery of goods caused by the incorrect address given by the recipient.
3. Any non-delivery of the goods caused by the manufacturer (supplier) as a result of any restriction or cancellation of distribution rights or other unforeseeable obstacles.
4. Selection of goods by the buyer. If the buyer finds out that the goods are inconsistent with his ideas after taking over the consignment. We can not consider such goods as a legitimate claim.
5. Buyer's obligations
Buyer undertakes:
1. Observe the ordered goods, check the packaging integrity and notify us without delay of any defects.
2. Pay the purchase price for the goods in the amount and under the terms of payment applicable on the day the order was dispatched.
6. Withdrawal from the contract
The consumer is entitled to withdraw from the contract without giving any reason in accordance with Section 7 of Act no. 102/2014 Coll. on consumer protection in the case of distance sales within 14 days of receipt of the goods. Where, in the case of a single order, the goods were delivered separately, the withdrawal period shall take place at the time of receipt of the goods which were last delivered.
In accordance with § 7 par. 6 of Act no. 102/2014 Coll. the customer can not withdraw from the contract, the subject of which is:
the sale of goods subject to a rapid reduction in the quality or the misconduct, the sale of goods enclosed in a protective packaging which is unsuitable for return for health or hygiene reasons and whose protective packaging has been tampered with after delivery.
The consumer has the right to withdraw from the contract in written form or in the form of registration on another durable medium (e-mail), using the form available on our website. The form can be filled in on your computer and then printed. The withdrawal period shall be deemed to be maintained if the notice of withdrawal has been sent no later than the last day of the period.
The consumer is obliged to send the goods back to Vajnorská 98 / B at the latest within 14 days from the day of resignation, it is recommended to send the goods as a package by registered mail, it is not advisable to send the goods by delivery. The consumer shall attach a copy of the tax document (invoice) delivered to him with the goods and a copy of the delivery receipt issued by the courier. The goods can also be returned personally at our store in Bratislava. The period for returning the goods shall be deemed to have been maintained if the goods were handed over for shipment not later than the last day of the period. The costs of returning goods are borne by the consumer.
The seller commits to return the purchase price within 14 days to the account that the consumer has stated on the form. Upon cancellation, the cost of delivery will also be reimbursed within the range of the cheapest delivery method offered by the seller (i.e., regular postage for mail delivery by the Slovak Post). In case of unjustified withdrawal, the goods will be refunded at the expense of the consumer.
7. Liability for errors, warranty, claim
The seller provides a 24-month product warranty. The guarantee begins to flow from the buyer's takeover. Buyer notes that he is required to view the goods immediately upon receipt. If the goods are not repaired by the buyer in response to the purchase contract, the buyer is obliged to notify the seller without delay. In case of:
- the buyer is entitled to be removed free of charge, in a timely and proper manner without undue delay, the right to exchange things. The Buyer notes that the seller is entitled, instead of removing the error, to always replace the defective goods as faultless unless the buyer causes serious difficulties
- this is a non-removable error that prevents the goods from being properly used, the buyer has the right to exchange the item or the right to withdraw from the contract
- this is a non-removable error but does not prevent the goods from being properly used, the buyer has the right to an appropriate discount on the price
- it is a bug that can be removed but the buyer can not properly use the error for repair or for the greater number of errors, the buyer has the right to exchange the goods or withdraw from the contract
The Buyer notes that the seller does not answer for the defects of the goods that were caused in a causal connection with the buyer's negligence or omission.
The buyer is required to claim under a statutory guarantee, to prove the conclusion of a purchase contract with the seller with a proof of purchase. The Seller agrees to furnish the complaint in accordance with these Business Conditions without delay, no later than 30 calendar days after the date of the claim.
An alternative way to resolve disputes
If the consumer believes that his rights have been violated or is unsatisfied with the seller's handling of his claim, he has the right to contact the seller for a remedy by email at trade@dgnutrition.com. If, at the request of the consumer, the seller answers in return or within 30 days from the day of dispatch, he or she does not respond at all, the consumer has, pursuant to the amended Act no. 102/2014 and Act no. 391/2015 right to an alternative (extrajudicial) way of settling a dispute. The consumer may submit the proposal in the manner determined pursuant to §12 of Act 391/2015 Coll. The application form may use a form, the template of which is also available on the website of the competent ministry and any alternative dispute resolution entity. List of ADR entities dated 10.4.2016
The consumer has the right to choose which of these alternative consumer dispute resolution entities to address. The address for filing in electronic form at the Slovak Trade Inspection is ars@soi.sk. The Alternative Dispute Settlement Body may refuse the petition of the consumer (e.g. if the quantifiable value of the dispute does not exceed EUR 20 if, in the light of all the circumstances, it is clear that an alternative dispute resolution would only lead to inappropriate efforts, etc.). The consumer can also file a complaint through the RSO Alternative Dispute Resolution Platform, which is available online. The complaint can be lodged here by a consumer living in the EU on an EU based trader. Costs associated with an alternative dispute resolution are borne by each of the parties to the dispute separately, without the possibility of reimbursement.
8. Payment Terms
In the internet store www.dgnutrition.com, the buyer can pay the purchase price in the following way:
- cash on delivery - the most used payment method. You will not be able to pay the goods until you receive the goods to the postman, courier or post office.
- online payment - payment through the Trustpay payment system that supports online payments from the following banks: Slovenská sporiteľňa. To make a payment successfully, you just need to have an account in one of these banks. If your bank is not listed, the system will provide you with bank transfer data.
- card payment online - payment by credit or debit card VISA, VISA Electron and MasterCard. This way you can pay no matter which bank has issued the card to you. It works like internet banking, but instead of your account number, you enter your credit card details. Entering this information is on the secure Trustpay payment system page, we will not get any information about your card.
- cash - cash payment is only possible for personal pick-up at the cash register. It is also possible to pay the card via the payment terminal.
9. Delivery conditions
The delivery period begins on the day of acceptance of the binding order, which contains all the necessary data for its equipment. The order is accepted and shipped within 1-6 days, depending on stock availability. In case the ordered goods are not in stock, the seller commits to notify the buyer without delay and agree to the next procedure. The online store www.dgnutrition.com supplies its products through:
Slovenská pošta - governed by valid conditions of the Slovak Post - the delivery time of the shipment is the 2nd working day after the delivery of the shipment. In the case of Mail Package or if the addressee does not reach the "Package to Address" service, your mail will be stored in the mail. You will be informed about this event via an alert (SMS, email, or physical consignment notification). The storage period during which you can pick up your mail is 10 days.
- Slovenská pošta - governed by valid conditions of the Slovak Post - the delivery time of the shipment is the 2nd working day after the delivery of the shipment. In the case of Mail Package or if the addressee does not reach the "Package to Address" service, your mail will be stored in the mail. You will be informed about this event via an alert (SMS, email, or physical consignment notification). The storage period during which you can pick up your mail is 10 days.
- courier - delivery of the consignment the next business day after the delivery of the consignment. The customer choosing this type of transport should stay at the time of delivery at the address he / she stated in the order (this is the most convenient way of shipping if you wish to deliver the shipment to work). If the courier does not reach you at the delivery address, he will contact you by phone and agree with you on the next procedure.
- personal subscription - you can take the goods after 3 days at the selected picking point.
10. Delivery costs
In accordance with Art. 10. the sales conditions are charged by the seller at the price of the ordered goods for the following delivery prices:
Ordering price | Kuriér GLS | Slovenská pošta |
---|---|---|
to 69 € | 2,90 € | 2,50 € |
69 € more | free of charge | free of charge |
We do not charge the packaging. These prices are valid for the Slovak Republic. We will contact you in case of any changes.
11. Protection of personal data
The seller declares that all personal data are confidential, will be used only to perform the contract with the buyer and will not be otherwise disclosed, provided to a third party, etc., except for the distribution or payment situation regarding the ordered goods (notification of the name and address of the delivery). Personal data that is provided to the buyer by the seller to fulfill the order is collected, processed and stored in accordance with applicable laws of the Slovak Republic, in particular with Act No. 428/2002 Coll. on the protection of personal data, as amended. The Buyer gives the seller his / her consent to collect and process such personal data for the purpose of fulfilling the subject of the Purchase Contract, until such time as it is in writing to disagree with such processing. The buyer has the right to access his or her personal data and the right to correct them, including other legal rights to such data.