Terms and Conditions
I. General Provisions and Definitions of Expressions
General Business Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are the relationships between the Buyer and the Seller - company BLUETACTIC, s. r. o., company ID number: 47 789 891, with its seat at Jasikova 2, 821 03, Bratislava, Slovakia, EU (hereinafter referred to as the "Seller"). These Terms and Conditions are related to the sale of goods through an e-shop system located at www.eugrowbox.com (thereinafter referred to as the "e-shop").
Rights and obligations not governed by these Terms and Conditions are subject to the Slovak Act No. 40/1964 and the Act No. 513/1991 in the event that a legal entity is the contractual party, futher to the Act No. 250/2007, the Act No. 102/2014, the Act No. 22/2004 and the Act 122/2013.
Buyer is a physical or corporate entity that sends an electronic order for the purpose of purchasing goods.
Seller is the provider of the e-shop www.eugrowbox.com.
Goods are products offered in the e-shop www.eugrowbox.com.
Purchase price is the price stated in the order form exclusive of VAT and other fees to be paid by the Buyer to obtain the ordered goods.
Electronic order is a processed and sent order form consisting of information about the Buyer, a list of the ordered goods and their price. Simultaneously, an electronic order is a draft contract based on which the sale of the goods is performed. An order arises after its confirmation by the Seller.
These Terms and Conditions specify rights and obligations of the Seller and the Buyer and are an integral part of the issued order.
II. Ordering, Contract Concluding
The condition of contract validity is the faithful and complete fulfilling of all requested data in the registration form. The Buyer declares that he agrees with the processing and preservation of his personal data by the Seller in accordance with the Act No. 122/2013. The Buyer grants the Seller such consent for an indefinite time. The agreement with processing personal data may be cancelled in writing by the Buyer at any time. The consent shall be terminated within one month from the delivery of the Buyer's agreement cancellation and the data shall be deleted consequently. The data provided will be used in accordance with the Act No. 122/2013 within the business relationship between the Seller and the Buyer.
1. All received electronic orders shall be considered as draft contracts and are binding.
2. A draft contract will be accepted by the Seller by an order confirmation, whereby a compulsory legal relation between the Seller and the Buyer originates. So concluded contract is regarded as a remotely concluded contract and is considered to be binding in accordance with the Act No. 102/2014. All information related to an order shall be sent to the Buyer's email address, if necessary.
3. The Seller is obliged to inform the Buyer without any delay if he is not able to deliver the goods ordered. In such case, no compulsory legal relation arises.
4. The Seller reserves the right to set off previous non-fulfilled liabilities of the Buyer when transacting an order in case that the Buyer failed to fulfill his obligations against the Seller in the past.
III. Cancellation of an Order
1. The Seller is entitled to cancel an order or a part thereof, if the Buyer states false or untrue personal data in his order, if the goods ordered are no longer produced, supplied, in stock or if the price has changed substantially. Associated fees may be invoiced by the Seller to the Buyer. If the Buyer paid a deposit or the full purchase price, the corresponding amount will be transferred within 7 days to his bank account.
2. The Buyer is entitled to cancel an order without any cancellation fee within 2 hours after issuing an order confirmation and only if the goods have not been shipped yet. An order may be cancelled in writing only by an email to email@example.com. The Seller shall inform the Buyer about the order cancellation via a confirmation in writing (by email or post). In case of an order cancellation, no cancellation fee will be charged by the Seller to the Buyer. The Seller is obliged to return the already paid purchase price or its part within 7 days by bank transfer to the bank account of the Buyer, if nothing else has been agreed by both contractual parties.
IV. Contract Withdrawal
1. The Buyer is entitled to withdraw a contract in accordance with the provisions of § 12 of the Act No. 102/2014 without giving any reason and may do so within 14 days from the day of accepting the goods. Provisions of this paragraph shall be not applied to corporate entities and physical entities (tradesmen) as well as to physical persons (not tradesmen) not fulfilling the specifications stated in the Act No. 102/2014 expressly. The Buyer is entitled to unpack the goods within the stipulated period and try them in a usual manner to ascertain the nature, characteristics and function of these goods. The Buyer is responsible for any decrease in the value of the goods. To ensure the validity of the contract withdrawal, it is necessary that the Buyer informs the Seller about his intention to withdraw the contract in writing by an email to firstname.lastname@example.org or by post as soon as possible. The Buyer is obliged to return the goods together with a copy of the invoice and a bank account number in order to retrieve the purchase price from the Seller. The Buyer bears the expenses for sending the goods back to the Seller completely. In the event of a contract withdrawal, it is to be cancelled and both parties shall return all mutually provided fulfillments.
2. In the event that the Buyer withdraws the contract and delivers the goods to the Seller with a decreased value, for example they are used, damaged or non-complete, the Buyer is obliged to compensate the Seller all costs needed for the repair or restoration of the goods to their original state. The purchase price will be transferred to the Buyer after an inspection of the goods within 15 days in accordance with the relevant law provisions by bank transfer to a bank account determined by the Buyer, unless nothing else is agreed by both contractual parties.
3. It is recommended for the Buyer to insure the consignment. No COD shipments are accepted by the Seller.
4. According to § 12 paragraph 5 of the above mentioned Act, the Buyer shall not withdraw the contract in the following cases: the goods are prepared according to the Buyer's special requirements, the goods are determined for a single Buyer, or the goods may not be returned due to their properties.
V. Delivery Terms and Conditions
1. The goods will be delivered to the Buyer via courier. The Buyer is obliged to pay the costs of transportation in accordance with the current valid transportation prices.
2. The risk of damaging the goods passes to the Buyer by the acceptance of the goods.
3. The Seller is obliged to deliver the ordered goods to the Buyer within the earliest possible delivery date after the acceptance of the electronic order depending on their availability. The goods in stock are delivered within 14 working days. In the event of an extended delivery date, the Seller is obliged to inform the Buyer about it without any delay.
4. An order is considered to be complete when the goods are accepted by the Buyer. The consignment with the goods always consists of an invoice and an instruction manual.
5. The Buyer is obliged to accept the goods properly and on time at the place specified in the order. The Seller shall inform the Buyer about the delivery date by an email. If the Buyer fails to take over the goods from the courier or the delivery is to be repeated due to the absence of the Buyer, all additional costs shall be billed to the Buyer.
6. When taking over the goods, the Buyer is obliged to check the delivery and inform the Seller about any damage to the package or the goods immediately (not later than within 3 days) and prepare a protocol about it. If the consignment is visibly damaged or destroyed, the Buyer is obliged to contact the Seller without accepting the consignment. If the goods delivered do not match with the order, the Buyer is obliged to inform the Seller about this fact in writing without any delay. Any subsequent complaints related to the quantity and physical damage of the goods shall be refused.
7. Orders are immediately transacted when the goods are in stock. If the goods are not in stock at the time of the order, they will be distributed after they will become available in stock.
8. Transportation prices are stated in the current price list here.
VI. Purchase Price, Payments
1. The price of the goods is in accordance with the valid prices stated in the e-shop www.eugrowshop.com. The Seller reserves the right to change prices in case that suppliers, importers or manufacturers change their prices. In such case, the Buyer is entitled to withdraw the contract.
2. The prices of all products are stated exclusive of VAT and other taxes and fees.
3. All payments transferred by the Buyer shall be made in € (EUR), unless nothing else is agreed mutually.
4. The Buyer is obliged to make the payment within 3 working days from the day of receiving an order confirmation. If the Buyer fails to pay the purchase price within 3 working days, the order shall be cancelled.
5. The Buyer has the possibility to pay via PayPal. The invoice shall be delivered to the Buyer subsequently.
6. The Seller is the owner of the goods until a complete settlement of the price agreed in the contract is made by the Buyer, in the sense of § 445 of the Act No. 513/1991.
VII. Warranty and Claims
1. Unless otherwise specified, the Seller shall provide a warranty period of 24 months from the acceptance of the product by the Buyer.
2. The warranty does not cover defects caused by the product's use at variance with its purpose and mechanical or common use.
3. If a product is sold for a lower price because of defects, the Seller provides the warranty period of 24 months, whereby the warranty does not cover the defects, because of which the product's price was reduced. These defects shall be specified in the contract.
4. The Seller is obliged to handle a claim using the following methods:
a) repair of the product
b) replacement of the product
c) reimbursement of the price
d) rejection of the claim.
5. The Buyer is entitled to file a claim under the following conditions: re-deliver the product (mechanically not damaged, clean, if possible in the original package) to the Seller including the instruction manual and invoice.
6. The Seller shall repair defects without delay, latest within 30 days. In the event that the defects cannot be eliminated, the Seller is obliged to replace the faulty product with a new one. If this is a defect, which does not prevent the use of the product and cannot be eliminated, the Buyer is entitled to obtain a reduction in the product's price in the form of a credit.
7. In case that no repair or replacement of the product is possible, the Seller is entitled to cancel the contract by issuing a credit in the amount of the original product's price.
8. In case that a replacement of the product occurred, a new warranty period starts to expire from the date of its delivery.
9. If a claim is rejected reasonably, the product under the claim shall be returned back to the Buyer.
10. The Seller shall make a decision about a claim immediately, in complicated cases within 3 working days. In justified cases, where it is necessary to make a complicated technical assessment of the product's state, within 30 days from the date of making the claim. After the expiration of this period, the Buyer is entitled to withdraw the contract or he has the right for a replacement of the defective product for a new one.
VIII. Penalties for the Non-Payment and Non-Acceptation of Goods
1. Each order is binding after a confirmation by the Seller and thus a compulsory legal relation between the Seller and the Buyer originates. By sending an order, the Buyer agrees with the Terms and Conditions of the Seller and therefore also with all sanctions for the non-fulfillment of the obligations resulting from the contract concluded. The Buyer is obliged to pay the purchase price and take over the consignment properly and on time at the place stated in his order.
2. In the event that the Buyer refuses to accept the goods after confirming it by email or phone without previous written withdrawal of contract, the Seller shall be compensated by the Buyer for the damage occurred in the amount of actually incurred costs for a non-successful delivery attempt.
IX. Final Provisions
The Seller reserves the right to change, cancel or adapt these Terms and Conditions or a part of them, without further notice, whereby an order will be subject to the Terms and Conditions valid on the day of sending this order by the Buyer.
The Seller is not responsible for the Buyer's lost profit, loss of opportunity or any other indirect losses, which occurred due to the non-fulfillment of an order, the violation of the contract or differently.
The Buyer and the Seller irrevocably agree that the courts of Slovakia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).