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Terms and Conditions

I. Basic Provisions

1. These general terms and conditions (hereinafter referred to as “GTC”) 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 the 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 in the Sale of Goods or Provision of Services Based on a Contract Concluded at a Distance or a Contract Concluded Outside the Business Premises of the Seller and on the amendment and supplementation of certain acts (hereinafter referred to as the “Consumer Protection Act for Distance Selling”).

 

The company SUNSAN GROUP, s.r.o.

ID: 52469221

VAT ID: 2121041648

TAX ID: SK2121041648

We are VAT payers.

with registered office: Majoránová 71, 82107 Bratislava, Slovak Republic

registered in the Commercial Register of the Municipal Court Bratislava III, section: Sro, file no. 138403/B

 

Contact details:

email: info@sunsan.sk

phone: +421911432641

www.sunsan.sk

(hereinafter referred to as “Seller”)

 

  1. These GTC govern the mutual rights and obligations between the Seller and the natural person who concludes the purchase contract (hereinafter referred to as the "Buyer") through the web interface located on the website available at the internet address www.sunsan.sk (hereinafter referred to as the “online store”).
  2. The GTC are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these GTC.
  3. These GTC and the purchase contract are concluded in the Slovak language.

 

II. Information about Goods and Prices

  1. All product prices in the e-shop are final. The Seller is a VAT payer. The product price does not include delivery costs. These costs are displayed in the shopping cart before completing the order, where the Buyer can also see the total price of the order, including the delivery costs.
  2. Information about the goods, including the price of the individual goods and their main features, are given for the individual goods in the catalogue of the online store. The listed prices are final, with the exception of any fees related to the chosen method of payment and transport, which are listed as part of the so-called shopping cart and their height depends on the Buyer's choice.
  3. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
  4. Any 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 the Purchase Contract

  1. The costs incurred by the Buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the Buyer himself. These costs do not differ from the base rate.
  2. The Buyer orders the goods in the following ways:
  • through the customer account, after prior registration in the online store,
  • by filling out the order form without registration.
  1. When placing an order, the Buyer selects the goods, the quantity of the product, the payment method, and the delivery method.
  2. Before submitting the order, the Buyer has the opportunity to review and edit the information entered in the order. The Buyer submits the order to the Seller by clicking the “Submit Order with Payment Obligation” button. The data entered in the order is considered correct by the Seller. A valid order requires the completion of all mandatory fields in the order form and the Buyer's confirmation that they have read these GTC.
  3. Immediately upon receiving the order, the Seller sends the Buyer an order receipt confirmation to the email address provided during the order process. This confirmation is automatic and is not considered a contract conclusion. The confirmation includes a copy of the Seller's current GTC. The purchase contract is concluded only after the Seller accepts the order. The notice of acceptance of the order is sent to the Buyer's email address.
  4. If the Seller cannot fulfill any of the requirements stated in the order, they will send a revised offer to the Buyer's email address. The revised offer is considered a new proposal for a purchase contract, which is concluded only upon the Buyer's confirmation of acceptance of this offer sent to the Seller's email address provided in these GTC.
  5. All orders accepted by the Seller are binding. The Buyer can cancel the order until the Buyer receives the notification of acceptance of the order by the Seller. The Buyer can cancel the order by phone at the phone number or by email to the Seller specified in these GTC.
  6. If there is an apparent technical error on the Seller's side when displaying the product price in the online store or during the ordering process, the Seller is not obligated to deliver the product to the Buyer at this evidently incorrect price, even if the Buyer has received an automatic confirmation of order receipt as per these GTC. The Seller will inform the Buyer of the error without undue delay and send a revised offer to the Buyer's email address. The revised offer is considered a new proposal for a purchase contract, which is concluded only upon the Buyer's confirmation of acceptance sent to the Seller's email address.

 

IV. Customer Account

  1. Based on the Buyer's registration in the online store, the Buyer can access their customer account. The Buyer can order goods from their customer account. The Buyer can also order goods without registration.
  2. When registering a customer account and placing an order, the Buyer is required to provide accurate and truthful information. The Buyer must update the information in their customer account whenever any changes occur. The information provided by the Buyer in the customer account and during the ordering process is considered correct by the Seller.
  3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information needed to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.
  4. The Buyer is not authorized to allow the use of the customer account by third parties.
  5. The Seller can cancel the user account, especially if the Buyer no longer uses their user account, or if the Buyer violates their obligations under the purchase contract or these GTC.
  6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or maintenance of hardware and software equipment of third parties.

 

V. Payment Conditions and Delivery of Goods

  1. The Buyer may pay the price of the goods and any delivery costs associated with the purchase contract using the following methods:
  • cashless payment by bank transfer to the Seller's account number SK90 8330 0000 0023 0197 9872, held at Fio Banka
  • cashless by payment card,
  • cash on delivery upon delivery of the goods,
  • Apple Pay
  • Google Pay
  • in cash or by credit card when picking up parcels in person at the delivery desk
  1. 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 expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
  2. In the case of cash payment, the purchase price is payable upon receipt of the goods. For cashless payments, the purchase price is payable within 7 days of concluding the purchase contract.
  3. In the case of payment via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
  4. 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.
  5. The Seller does not require any advance payment or similar payment from the Buyer in advance. Payment of the purchase price before dispatching the goods is not considered an advance payment.
  6. The goods are delivered to the Buyer:
  • to the address specified by the Buyer in the order
  • via the parcel drop-off point to the address of the drop-off point specified by the Buyer,
  1. The choice of delivery method is made during the ordering of goods.
  2. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the Buyer's order and in the Seller's confirmation of the order.
  3. If the Seller is obligated under the purchase contract to deliver the goods to a location specified by the Buyer in the order, the Buyer is required to accept the goods upon delivery. The Buyer is also responsible for covering costs associated with repeated delivery attempts or other agreed methods of delivery.
  4. Upon receiving the goods from the carrier, the Buyer is obligated to check the integrity of the packaging and immediately report any defects to the carrier. If the Buyer discovers any damage to the packaging indicating unauthorized tampering, they may refuse to accept the shipment from the carrier.
  5. The Seller will issue the Buyer a tax document – an invoice. The invoice will be sent to the Buyer’s email address or included with the delivered goods.
  6. The Buyer acquires ownership of the goods upon payment of the full purchase price, including delivery costs, but not before taking possession of the goods. Responsibility for accidental destruction, damage, or loss of the goods transfers to the Buyer at the moment the goods are received, or at the moment the Buyer was obligated to accept the goods but failed to do so in violation of the purchase contract.

 

VI. Withdrawal from the Contract

  1. The Buyer, as a consumer, has the right to withdraw from the purchase contract.
  2. If the purchase contract is concluded remotely (via an online store) or outside the Seller's business premises, and provided that the Seller has timely and properly informed the Buyer about their right to withdraw from the purchase contract, the conditions, timeframe, and procedure for exercising this right, including the withdrawal form (in accordance with Section 3(1)(h) of the Consumer Protection Act for Distance Selling), and if all legally required conditions are met, the Buyer has the right, under the Consumer Protection Act for Distance Selling, to withdraw from the purchase contract without providing a reason and without incurring any penalty.
  3. The deadline for withdrawing from the contract is 14 days and begins:
  • at the moment of receiving the goods delivered last, if the subject of the purchase agreement is ordered goods delivered separately,
  • at the moment of receiving the last part or the last piece, if the subject of the purchase agreement consists of several types of goods or the delivery of several parts,
  • at the moment of receiving the first delivered goods, if the subject of the purchase agreement is goods delivered over a defined period.
  1. To comply with the withdrawal period from the purchase agreement, the Buyer must send any clear statement expressing their intention to withdraw from the purchase agreement within the time frame specified in paragraph 2, section 3 of Article VI of these GTC. To withdraw from the purchase agreement, the Buyer may use the sample withdrawal form provided by the Seller. The withdrawal from the purchase agreement must be sent by the Buyer to the Seller's email or delivery address specified in these GTC. The Seller will promptly confirm the receipt of the form to the Buyer.
  2. The Buyer who has withdrawn from the purchase agreement is required to return the goods to the Seller within 14 days of withdrawing from the purchase agreement. The Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned by mail due to their nature. Goods sent by cash on delivery will not be accepted.
  3. If the Buyer withdraws from the purchase agreement, the Seller will promptly, but no later than 14 days from the withdrawal, return all payments received, including the costs of delivery, in the same manner. The Seller will return the received funds by a different method only if the Buyer agrees to this and no additional costs are incurred for the Buyer.
  4. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.
  5. The Buyer must return the goods 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.
  6. The Seller is entitled to withdraw from the purchase agreement due to the exhaustion of stock, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued the production or import of the goods. The Seller will promptly inform the Buyer via the email address provided in the order and will return all received funds, including delivery costs, within 5 days of notifying the Buyer about the withdrawal from the purchase agreement, using the same method or a method specified by the Buyer.

 

VII. Rights from Defective Performance

  1. The Seller assures the Buyer that the goods are free from defects at the time of delivery. Specifically, the Seller guarantees to the Buyer that at the time of receipt of the goods:
  • the goods possess the qualities that the parties have agreed upon, and if no agreement is made, the goods have the qualities described by the Seller or the manufacturer, or those that the Buyer can reasonably expect based on the nature of the goods and the advertising made by the Seller or manufacturer.
  • the goods are suitable for the purpose for which the Seller indicates they are to be used or for which goods of the same type are commonly used.
  • the goods are in the appropriate quantity, size, or weight.
  • the goods comply with the requirements of applicable legal regulations.
  1. The Seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The Buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
  2. If the period during which the goods can be used is indicated on the goods themselves, on their packaging, in the instructions accompanying the goods, or in the advertisement in accordance with other legal regulations, the provisions regarding warranty for quality apply. The warranty for quality means that the Seller guarantees that the goods will be fit for use for a certain period of time for their usual purpose or will retain their usual properties. If the Buyer rightfully points out a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the time during which the Buyer cannot use the defective goods.
  3. In case of a defect, the Buyer may submit a complaint to the Seller and request:
  • a replacement with new goods,
  • a reasonable discount on the purchase price,
  • cancellation of the contract.

 

 

VIII. Delivery

  1. The contracting parties may deliver all written correspondence to each other via electronic mail.
  2. The Buyer delivers correspondence to the Seller to the email address specified in these GTC. The Seller delivers correspondence to the Buyer to the email address specified in their customer account or in the order.

 

IX. Personal Data

  1. All information provided during our collaboration will be treated as confidential and will be handled accordingly. Unless you give us written consent, we will not use your data for purposes other than fulfilling the contract, except for your email address, to which we may send commercial notifications. This procedure is allowed by law unless you object. These notifications may only relate to similar or related goods and can be unsubscribed from at any time by a simple method (such as sending a letter, email, or clicking on the unsubscribe link in the commercial notification).
  2. More detailed information on personal data protection can be found in the personal data protection policy HERE.

 

X. Out-of-Court Dispute Resolution

  1. The consumer has the right to contact the seller with a request for remedy if they are dissatisfied with the way the seller handled their complaint or if they believe the seller violated their rights. The consumer has the right to submit a proposal for the initiation of alternative (out-of-court) dispute resolution to an alternative dispute resolution entity if the seller responded to the request according to the previous sentence with a rejection or did not respond within 30 days from the date it was sent. This does not affect the consumer's right to go to court.
  2. For out-of-court resolution of consumer disputes from a purchase contract, the competent authority is the Slovak Trade Inspectorate, with its registered office at Bajkalská 21/A, 827 99 Bratislava, Slovakia, ID: 17331927, which can be contacted for this purpose at the following address: Slovenská obchodná inšpekcia, Ústredný inšpektorát, Oddelenie medzinárodných vzťahov a alternatívneho riešenia sporov, Bajkalská 21/A, p. p. 29, 827 99 Bratislava, or electronically at ars@soi.sk or adr@soi.sk. Website: https://www.soi.sk/. The online dispute resolution platform, available at ec.europa.eu/consumers /odr can be used to resolve disputes between the seller and the consumer from a purchase contract.
  3. The European Consumer Centre Slovakia, with its office at Mlynské nivy 44/a, 827 15 Bratislava, Slovak Republic, website: https://esc-sr.sk/ is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
  4. The Seller is authorized to sell goods based on a business license. Business supervision is conducted by the relevant District Office, Department of Trade Licensing, within its jurisdiction. The Slovak Trade Inspectorate supervises compliance with Act No. 250/2007 Coll. on Consumer Protection, as amended, within its defined scope.

 

XI. Final Provisions

  1. All agreements between the Seller and the Buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect consumer rights arising from generally binding legal regulations.
  2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 3 par. 1) of the Act on Consumer Protection in Distance Selling.
  3. All rights to the Seller's website, especially copyright to the content, including page layout, photos, movies, 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 without the consent of the Seller.
  4. The Seller is not responsible for defects 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 must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow them or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
  5. The purchase contract, including the GTC, is archived by the Seller in electronic form and is not publicly accessible.
  6. The Seller may change or supplement the wording of the GTC. This provision does not affect rights and obligations arising during the period of validity of the previous version of the GTC.

  

These GTC take effect on 1 July 2023.

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