TERMS AND CONDITIONS

These terms and conditions apply to contracts concluded at a distance between the seller and the buyer according to Act no. 102/2014 Coll. on consumer protection concerning sales of goods or provision of services based on distance contracts.

The seller is Skeeneffect, s. r. o., Kutlíková 17, Bratislava 852 50. ID 55 473 491. E-mail: sales@gmchem.eu. Registered in the Commercial Register of the City Court Bratislava III, under no. 170780/B.

E-mail: info @skeeneffect.sk
Phone: +421 905 207 394

The buyer is the consumer, i.e. a natural person who, when concluding and fulfilling a consumer contract, does not act as part of the subject of his business activity of employment or profession. A purchase made by a business entity is governed by the Commercial Code no. 513/1991 Coll.

The regulatory authority for consumer protection is the SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5,820 07 Bratislava 27.

Order Process and Conclusion of Contract

Sending the order by the buyer is considered a draft to conclude a contract according to the Civil Code, based on the seller's offer (for example, via social networks or e-mail). The contract is concluded by confirmation of the order by the seller.

The subject of the order is the purchase of goods.

Prices of Goods and Services

All product and service prices are final, including all taxes. The seller is not a VAT payer. The product price does not include delivery costs.

Payment for Goods and Services

The seller accepts payment for ordered goods or services in the following ways:

• Cashless, by transfer to the seller's bank account IBAN: SK7511000000002943152105, Tatra Banka, a.s.
• Cashless, by payment card through the payment gateway
• Cash on delivery after delivering the goods

The order includes the obligation of the buyer to pay the price for the ordered goods to the seller.

Delivery Options - Postage Expenses

The seller will deliver the goods to the address specified by the buyer in the order. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods specified in the contract. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

Delivery of Goods

If the delivery date is not indicated with the product, the seller will deliver the goods to the buyer within 30 days at the latest.

The goods are considered to be taken over by the buyer at the moment when the buyer or a third party designated by him (except for the carrier) takes over all components of the ordered goods, or if

a) the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last
b) the delivered goods consist of several parts or pieces, at the moment of taking over the last part or the last piece,
c) the goods are delivered repeatedly during the defined period, at the moment of taking over the first delivered goods.

Return of Goods - withdrawal from the contract without giving a reason

The buyer is entitled to withdraw from the contract without giving a reason within 14 days after the delivery of the purchased goods. Only the consumer can use this right.

The goods are considered to be taken over by the buyer at the moment when the buyer or a third party designated by him, except for the carrier, takes over all parts of the ordered goods, or if

d) the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
e) the delivered goods consist of several parts or pieces, at the moment of taking over the last part or the last piece,
f) the goods are delivered repeatedly during the defined period, at the moment of taking over the first delivered goods.

The buyer can withdraw from the contract, the subject of which is the delivery of the purchased goods, even before the start of the withdrawal period.

The buyer cannot withdraw from the contract, the subject of which is
g) the provision of a service, if the provision began with the express consent of the consumer and the consumer declared to be duly informed that, by expressing this consent, he/she can lose the right to withdraw from the contract, after the service has been fully provided, and if the service has been fully provided;
h) the sale of goods made according to the specific requirements of the consumer, tailor-made goods or goods intended specifically for one consumer; the sale of goods that are subject to a rapid reduction in quality or spoilage;
i) the sale of goods in protective packaging that are not suitable for return due to health protection or hygiene reasons, and whose protective packaging was broken after delivery;
j) the sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery.

The buyer shall not be entitled to withdraw from the contract if its subject is the provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline. Therefore, it is not possible to withdraw from the contract if the service is the rental of goods for a specific date.

The buyer can exercise the right to withdraw from the contract in writing or on another permanent medium (e.g. by e-mail) or by sending a paper form that is part of these terms and conditions

The right to withdraw from the contract can be exercised by sending a notice of withdrawal even on the last day of the 14-day period.

After delivery of the notice of withdrawal, the seller shall return to the buyer, no later than 14 days, all received payments based on the contract or in connection with it, including the costs associated with transport, delivery, postage, and other costs and fees. The seller will return the payment in the same way that the buyer used for his payment. The buyer and seller can also agree on another method of refund.

The seller shall not be obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a different delivery method than the cheapest method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest delivery method offered by the seller.

In case of withdrawal from the contract, the seller shall not be obliged to return the payments to the buyer before the delivery of goods or until the buyer proves to return the goods to the seller unless the seller suggests collecting the goods in person or through a person authorized by him.

The buyer shall be obliged to return the goods or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days after the withdrawal date. This deadline is considered to have been met if the goods were handed over for transport no later than the last day of the period.

In case of withdrawal from the contract, the buyer bears only the costs associated with returning the goods to the seller or the person authorized by the seller to take over the goods, as well as the costs associated with returning the goods that cannot be returned by mail due to their nature.

The buyer shall bear responsibility for reducing the value of the goods due to such handling, which is beyond the handling necessary to determine the properties and functionality of the goods.

Following the delivery of the goods, the buyer can test the functionality of the goods, but he cannot use the goods if he withdraws from the contract. To determine the nature, characteristics, and functionality of the goods, the consumer should handle and inspect the goods only in the way that he would be allowed to do in a "brick and mortar" store. During the withdrawal period, the buyer shall be obliged to handle and inspect the goods with due care.

Complaint Policy and Procedure 

The seller shall bear responsibility for ensuring that the goods are free of defects upon receipt. In particular, the seller shall bear responsibility for the fact that, at the time of delivery, the goods:

1. have the properties that the parties agreed upon, and if there is no agreement, the goods have the properties that the seller or manufacturer described or that the buyer expected concerning the nature of the goods and based on the advertisement made by the seller;
2. correspond to the purpose declared by the seller for its use or the purpose for which goods of this type are used;
3. correspond to the quality or design of the agreed sample or design if they were determined according to the agreed sample or design;
4. are in the corresponding quantity or weight and
5. comply with the requirements of legal regulations.

If the defect becomes apparent within six months of the buyer receiving the goods, the goods are considered already defective upon receipt. The buyer shall be entitled to exercise rights from a defective performance in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price agreed due to a defect, to wear and tear of the goods caused by their usual use, to used goods due to a defect corresponding to the degree of use or wear and tear when taken over by the buyer, or if it follows from the nature of the goods.

In the event of a defect, the buyer can file a complaint to the seller and demand: a) if it is a defect that can be removed:

• removing a defect free of charge,
• exchanging the goods for new ones,

b) if it is a defect that cannot be removed:

• a reasonable discount from the purchase price,
• withdraw from the contract.

The buyer has the right to withdraw from the contract in the following cases:

1. if the goods have a defect that cannot be removed and which prevents the use of the goods as defect-free items,
2. if he cannot use the goods properly due to the repeated occurrence of a defect or defects after repair,
3. if he cannot properly use the goods due to many defects.

The seller shall be obliged to accept the complaint in any establishment where the acceptance of the complaint is possible or even at the registered office or place of business. The consumer can also file a complaint with a person designated by the seller. If the complaint is handled by a person appointed by the seller, the latter can only handle the complaint by handing over the repaired goods. Otherwise, the complaint will be forwarded to the seller for handling. The seller shall be obliged to issue the buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint, and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.

If the consumer files a complaint, the seller or an employee authorized by him or a designated person shall be obliged to inform the consumer of his rights resulting from defective performance. Based on the consumer´s choice of the right arising from defective performance to apply, the seller or an employee authorized by him or a designated person shall be obliged to determine the method of handling the complaint without undue delay, in complicated cases no later than three working days after the date of filing the complaint, in justified cases, especially if the goods require complex technical assessment of the condition, no later than 30 days after the date of filing the complaint. After determining the method of handling the complaint, the complaint, including removing the defect, must be processed without undue delay. In justified cases, it is possible to handle the complaint later. However, handling of the complaint, including the removal of the defect, may not take longer than 30 days from filing the complaint. The futile expiration of this period is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase contract or to exchange the goods for new goods. The moment of application of the complaint is considered the moment when the buyer's will is manifested (exercise of the right from defective performance) to the seller.

The seller informs the buyer about the result of the complaint in writing no later than 30 days from the complaint date.

The buyer shall not have the right concerning a defective performance if the buyer knew that the item was defective before taking over the item or if the buyer caused the defect himself/herself.

In the case of a justified complaint, the buyer has the right to compensation for the purposeful costs incurred in connection with the complaint. The buyer can exercise this right at the seller within one month after the expiry of the warranty period.

The buyer has the right to choose the method of complaint and its handling if there are several options.

The rights and obligations of the contracting parties concerning defective performance shall be governed by § 499 to 510, § 596 to 600, and § 619 to 627 of Act no. 40/1964 Coll. of the Civil Code as amended and Act No. 250/2007 Coll., on consumer protection, as amended.

Other rights and obligations of the parties related to the seller's responsibility for defects shall be governed by the seller's complaint procedure.

If you order a product containing alcohol (eg. wine), the courier will check your age due to the ban on the sale of alcohol to persons under 18 years of age.

Alternative dispute resolution

The buyer - the consumer - has the right to request a remedy from the seller (eg. by e-mail) if the consumer is dissatisfied with how the seller has handled the complaint or if the consumer believes that the seller has violated the consumer's rights. If the seller responds to this request negatively or has not responded to it within 30 days of its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the ADR entity) according to Act no. 391/2015 Coll. on alternative dispute resolution. ADR entities are authorities and authorized legal entities according to §3 of Act no. 391/2015 Coll. on alternative dispute resolution. The list of ADR entities can be found on the website of the Slovak Ministry of Economy www.mhsr.skThe consumer can file a motion as determined in §12 of Act no. 391/2015 Coll.

The consumer can file a complaint through the alternative dispute resolution platform Online Dispute Resolution, available at https://ec.europa.eu/consumers/odr/main/index.cfm.

Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment, or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising from or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value does not exceed EUR 20. The ADR entity may demand a fee for starting an alternative dispute resolution from the consumer, but up to a maximum of EUR 5 inclusive of VAT.

Personal Data Protection

The purpose of personal data processing is to fulfill the consumer contract, which the seller concludes with the buyer by creating an order. This consumer contract is also the legal basis for the buyer's data processing. The provision of the buyer's data is a contractual requirement for the conclusion of the contract. Provision of personal data is a condition for purchasing from the seller. If the buyer fails to provide the seller with all the required personal data, this may result in not concluding the purchase contract.

When processing personal data, the seller proceeds following Act No. 18/2018 on personal data protection and only processes personal data necessary for concluding a consumer contract.

The seller processes the usual personal data of the buyer.

The seller stores the buyer's data in its information system for ten years.

The buyer has the right and the opportunity to update personal data by e-mail or in writing.

The buyer has the right and the opportunity to update personal data by e-mail or in writing.

The personal data of the buyer are not published.

The seller can use a software solution to process personal data in a third country that guarantees adequate personal data protection.

The buyer has the right to obtain from the seller a confirmation of what personal data of the buyer is processed in the seller's system. The buyer has the right to obtain access to such data and information for what purpose it is processed, what categories of data are processed, to whom personal data is provided, what is the retention period, and whether there is automated individual decision-making, including profiling.

The first provision of the above personal data is free of charge. Repeated provision of personal data requested by the buyer will be charged as an administrative fee of €5.

The buyer can request the seller to correct or add incomplete personal data concerning the buyer. The buyer can request to delete his data or restrict the processing of this data. The buyer can also object to the processing of personal data.

The processing of the buyer's data is also necessary for archiving purposes (to fulfill the seller's obligation based on Slovak legislation, for example, keeping accounting documents for ten years). If the buyer requests the deletion of personal data being processed in connection with the purchase contract, his request may be rejected.

The buyer has the right to have the seller limit the processing of his data if the buyer objects to the correctness of the personal data during the period allowing the seller to verify the correctness of the personal data.

The buyer has the right to receive personal data concerning him which he provided to the seller in a structured, commonly used, and machine-readable format. The buyer has the right to transfer this personal data to another operator if technically possible.

The buyer can object if his data is processed for direct marketing purposes. He can also object if his data is processed for the legitimate interest of the seller.

If the buyer suspects his data is being processed without authorization, he can submit a proposal to the Office for Personal Data Protection to initiate proceedings on personal data protection.

The information on personal data protection also applies to pre-contractual relationships (for example, requesting an inquiry, price offer, or information about the seller's goods and services).

The seller can process the personal data of existing customers for marketing purposes (for example, for sending a newsletter or e-mails about news, discounts, promotions, etc.) even without the buyer's prior consent. For this purpose, the seller processes the customer's necessary data, such as the buyer's name, surname, and e-mail address. If the customer does not agree with the processing of personal data for marketing purposes, he can withdraw his consent at any time, eg. by sending a message to the seller's e-mail address requesting to unsubscribe from the newsletters or by clicking on the link in the e-mail message.

Personal data of customers used for marketing purposes will not be provided to third parties or published.

When processing personal data, the sender proceeds following Act No. 18/2018 on personal data protection and only processes personal data necessary for sending the newsletter.

The sender processes the standard personal data of the visitor. The sender stores the visitor's data until the visitor unsubscribes from the newsletter.

If the visitor does not agree with the processing of personal data for marketing purposes, he can withdraw his consent at any time, eg. by sending a message to the sender's e-mail address requesting to unsubscribe from the newsletters or by clicking on the link in the e-mail message.

Personal data may be transferred to third countries that guarantee adequate personal data protection.

The visitor has the right and the possibility to update personal data used for marketing purposes, eg. by e-mail.

If a visitor suspects his data is being processed for marketing purposes without authorization, he can submit a proposal to the Office for Personal Data Protection to initiate personal data protection proceedings.

Contract Withdrawal

You can download the contract withdrawal form in PDF format here.