MODESTA
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Legal

Terms and conditions

Purchase contract, payment, shipping, withdrawal and claim rules for public shop orders.

Legal

Terms & Conditions

for the sale of goods via the online shop located at www.modestacoatings.com

  1. ARTICLE 1 - INITIAL PROVISIONS
  2. ARTICLE 2 - USER ACCOUNT
  3. ARTICLE 3 - CONCLUSION OF THE PURCHASE CONTRACT
  4. ARTICLE 4 - PRICE OF THE GOODS AND PAYMENT TERMS
  5. ARTICLE 5 - WITHDRAWAL FROM THE PURCHASE CONTRACT
  6. ARTICLE 6 - TRANSPORTATION AND DELIVERY OF GOODS
  7. ARTICLE 7 - LIABILITY CLAIMS
  8. ARTICLE 8 - ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
  9. ARTICLE 9 - PROCESSING OF PERSONAL DATA
  10. ARTICLE 10 - COMMERCIAL COMMUNICATION AND COOKIE STORAGE
  11. ARTICLE 11 - DELIVERY
  12. ARTICLE 12 - SPECIAL PROVISIONS FOR CASES WHERE THE BUYER IS NOT A CONSUMER
  13. ARTICLE 13 - ALTERNATIVE DISPUTE RESOLUTION
  14. ARTICLE 14 - FINAL PROVISIONS

INITIAL PROVISIONS

  1. These terms and conditions (hereinafter referred to as "terms and conditions") of Brands Alliance Ditribution s.r.o., Betliarska 6, 85107 Bratislava, ID No.: 57131031, VAT ID No.: SK2122581736, registered in the Commercial Register of the Municipal Court of Bratislava III, Section Sro, Insert No. 193251/B (hereinafter referred to as "the Seller") regulate in accordance with the provisions of § 612 et seq. of Act No. 40/1964 Coll., Civil Code as amended (hereinafter also referred to as the "Civil Code"), with Act No. 108/2024 Coll. No. 22/2004 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts (hereinafter also referred to as the "Consumer Protection Act"), Act No. 22/2004 Coll. 128/2002 Coll., on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts, as amended by Act No. 284/2002 Coll., as amended (hereinafter also referred to as the "Act on Electronic Commerce") and Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts (hereinafter also referred to as the "ADR Act"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter also referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter also referred to as the "Buyer"), through the Seller's online store. The Online Shop is operated by the Seller on a website located at www.modestacoatings.com (hereinafter referred to as the "Website"), through a website interface (hereinafter referred to as the "Store Web Interface"). The Website Interface may also be hosted on another Top Level Domain ("TLD"), technically a single system operated by the Seller on multiple TLDs and in multiple languages.
  2. In cases where the person intending to purchase goods from the Seller is a legal person or a natural person acting in the course of ordering goods in the course of his business, other commercial activity, profession or employment, the relations between the Seller and such person shall be governed by the specific provisions of Article 12 of the Terms and Conditions.
  3. Provisions deviating from the terms and conditions may be negotiated in the sales contract. Deviating provisions in the sales contract take precedence over the provisions of the terms and conditions.
  4. The provisions of the terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are drawn up in the Slovak language. The Seller is entitled to draw up and provide the Buyer with these terms and conditions also in a language other than Slovak. In the event of linguistic discrepancies between the Slovak language version of the Terms and Conditions and another foreign language version, the Slovak language version of the Terms and Conditions shall prevail.
  5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arise during the period of validity of the previous version of the terms and conditions.

USER ACCOUNT

  1. Upon registration of the Buyer on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter also referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
  2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account whenever it is changed. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
  3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
  4. The Buyer is not entitled to allow third parties to use the user account.
  5. The Seller may cancel the User Account if the Buyer does not use the User Account for more than six (6) months or if the Buyer breaches his obligations under the Purchase Agreement (including these Terms and Conditions).
  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 the necessary maintenance of hardware and software equipment of third parties.

CONCLUSION OF THE PURCHASE CONTRACT

  1. All presentation of goods placed on the web interface of the shop is of an informative nature and the seller is not obliged to enter into a contract of sale in respect of these goods.
  2. The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract according to individually agreed terms.
  3. The store's web interface also contains information about the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the information on the costs associated with the packaging and delivery of the goods provided on the web interface of the shop applies only in cases where the goods are delivered within the territory of the Slovak Republic.
  4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
    1. ordered goods (ordered goods are "inserted" by the buyer into the electronic virtual shopping cart of the web interface of the store),
    2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
    3. information about the costs associated with the delivery of the goods (together, the "Order").
  5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "Send order with payment" button. The data provided in the order is considered correct by the Seller. Upon receipt of the order, the Seller shall subsequently confirm such receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter also referred to as the "Buyer's e-mail address").
  6. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
  7. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer in the form of electronic mail to the Buyer's electronic address.
  8. The Buyer agrees to the use of remote means of communication in the conclusion of the Purchase Contract. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself and shall not differ from the basic rate.

PRICE OF THE GOODS AND PAYMENT TERMS

  1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
    • in cash on delivery at the place specified by the Buyer in the order; or
    • a cashless card payment through a payment gateway; or
    • by wire transfer to the Seller's account No. IBAN: SK54 1100 0000 0029 2787 8184 held at Tatra Banka a.s. (hereinafter also referred to as the "Seller's account").
  2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless these terms and conditions expressly state otherwise, the purchase price shall also be understood to include the costs associated with the delivery of the goods.
  3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to Article 4.4 of the Terms and Conditions regarding the due date of payment of the purchase price when paying by credit card or Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
  4. In the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of payment by credit card, the purchase price is due immediately upon placing the order. In the case of payment by bank transfer, the purchase price is due by the due date stated on the invoice.
  5. In the case of non-cash payment, whether by card or bank transfer, the buyer is obliged to pay the purchase price together with the variable symbol of the payment indicated in the order or in the payment instructions. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
  6. The Seller is entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6 of the Terms and Conditions), to demand payment of the full purchase price before the goods are dispatched to the Buyer. The provisions of § 591 of the Civil Code shall not apply.
  7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
  8. Insofar as it is customary in the course of business or follows from the relevant generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made on the basis of the Purchase Contract. The Seller is subject to value added tax. The Seller shall issue the tax document - invoice to the Buyer and send it in electronic form to the Buyer's electronic address.

WITHDRAWAL FROM THE PURCHASE CONTRACT

  1. Unless these are cases referred to in § 19 (1) of the Consumer Protection Act (e.g. delivery of goods subject to rapid deterioration or perishability, etc.), where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract without giving any reason in accordance with § 20 (1) (a) of the Consumer Protection Act. The buyer is entitled to withdraw from the contract within fourteen (14) days of receipt of the goods, whereby the goods are deemed to have been taken over by the buyer at the moment when the buyer or a third party designated by the buyer, with the exception of the carrier, has taken over all parts of the ordered goods, or if
    • goods ordered by the buyer in one order are delivered separately, at the moment of receipt of the goods that were delivered last,
    • delivers goods consisting of several parts or pieces, at the moment of acceptance of the last part or piece,
    • supplies goods repeatedly over a specified period of time, at the time of acceptance of the first goods supplied.
  2. Withdrawal from the purchase contract must be sent to the Seller no later than on the last day of the period referred to in Article 5.1 of the Terms and Conditions. The Buyer may also withdraw from the contract of sale, the subject of which is the delivery of goods, before the withdrawal period has started. The Buyer may exercise the right to withdraw from the contract of sale pursuant to Article 5.1 of the Terms and Conditions in paper form or in the form of a notation on another durable medium. For withdrawal from the contract of sale, the Buyer may use the model form provided by the Seller, which is attached as Annex 1 to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract to the Seller's registered office address or to the Seller's electronic address: cuscare@brandsalliance.eu . Upon receipt of the withdrawal from the Purchase Contract, the Seller shall send a confirmation message to the Buyer's e-mail address.
  3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset, including any supplementary contract related to the Purchase Contract from which the Purchaser has withdrawn. The Goods must be returned to the Seller within fourteen (14) days of the cancellation of the Purchase Contract by the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal means due to their nature.
  4. In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Seller shall return the monies received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. However, the Seller shall not be obliged to reimburse the Buyer for any additional costs associated with the delivery of the Goods if the Buyer has expressly chosen a method of delivery other than the cheapest normal method of delivery offered by the Seller. Additional delivery costs means the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest normal method of delivery offered by the Seller.
  5. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or otherwise, subject to the time limit under Article 5.4 of the Terms and Conditions, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the monies received to the Buyer before the Buyer returns the Goods to the Seller or proves that he has sent the Goods to the Seller, unless the Seller proposes to collect the Goods in person or through a person authorised by the Seller to collect the Goods.
  6. The buyer is liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond the handling necessary to establish the characteristics and functionality of the goods. The seller's claim for compensation for the diminution in value of the goods shall be subsequently asserted by the seller against the buyer.
  7. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without cash to the account designated by the Buyer.

TRANSPORTATION AND DELIVERY OF GOODS

  1. The Seller shall deliver the sold goods to the Buyer without undue delay, at the latest within 30 days from the date of conclusion of the Purchase Contract, unless otherwise agreed between the Seller and the Buyer.
  2. If the method of transport is arranged on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
  3. If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
  4. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
  5. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any apparent damage to notify the carrier immediately. In the event of damage to the packaging indicating unauthorised intrusion, the buyer is not obliged to accept the shipment from the carrier.
  6. Further rights and obligations of the parties in the carriage of the goods may be governed by the Seller's Special Conditions of Delivery, if issued.

LIABILITY CLAIMS

  1. The rights and obligations of the contracting parties with regard to liability for defects shall be governed by the relevant generally applicable law (in particular the provisions of Sections 621 to 625 of the Civil Code).
  2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer for the fact that at the time the buyer took delivery of the goods:
    • the goods have the characteristics which the parties have agreed and, in the absence of a specific agreement, the goods have the characteristics which the seller or the manufacturer has indicated or which the buyer has come to expect in view of the nature of the goods and on the basis of the advertising carried out by the seller or the manufacturer,
    • the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
    • the goods correspond to the quality or workmanship of the agreed sample or specimen, if the quality or verification has been determined according to the agreed sample or specimen,
    • the goods are in the appropriate quantity, measure or weight; and
    • the goods comply with legal requirements.
  3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply in the case of goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
  4. If the seller is liable for the defect of the sold goods, the buyer has the right to remove the defect by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract.
  5. The buyer is entitled to exercise the right to claim for defects that manifest themselves in the goods within twenty-four months of acceptance. If a defect manifests itself before the expiry of this period, it shall be presumed that the goods were already defective on receipt. This shall not apply if the contrary is proved or if this presumption is incompatible with the nature of the goods or the defect. In the case of second-hand goods, the seller and the buyer may agree on a shorter period of the seller's liability for defects, which may not be less than one year from the delivery of the goods.
  6. If it is a defect that can be rectified, the buyer has the right to choose to have the defect rectified by replacing the goods or repairing the goods. The Seller shall repair or replace the goods within a reasonable time after the Buyer has complained of the defect, free of charge and at the Buyer's own expense.
  7. The buyer may not choose a method of remedying the defect which is not possible or which would cause the seller disproportionate costs in comparison with the other method of remedying the defect, taking into account all the circumstances, in particular the value which the goods would have without the defect, the seriousness of the defect and whether the other method of remedying the defect would cause the buyer significant difficulties. The seller may always, instead of remedying the defect, replace the defective goods with goods without defects if this would not cause serious inconvenience to the buyer.
  8. The Seller may refuse to remedy a defect if repair or replacement is not possible or would require disproportionate costs taking into account all the circumstances, including those under Article 7.7 of the Terms and Conditions.
  9. The buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase contract if:
    • the seller has not repaired or replaced the goods;
    • the seller has not repaired or replaced the goods in accordance with Article 623(4) and (6) of the Civil Code;
    • the Seller has refused to remedy the defect pursuant to Article 7.8 of the Terms and Conditions;
    • the goods have the same defect despite the repair or replacement of the goods;
    • the defect is of such a serious nature as to justify an immediate reduction in the purchase price or withdrawal from the contract; or
    • the seller has declared or it is apparent from the circumstances that he will not remedy the defect within a reasonable time or without causing serious inconvenience to the buyer.
  10. The buyer cannot withdraw from the purchase contract according to article 7.9 of the terms and conditions if the buyer has participated in the defect or if the defect is negligible. The burden of proving that the Buyer has contributed to the defect and that the defect is insignificant shall be borne by the Seller.
  11. If the contract of sale concerns the purchase of several goods, the buyer may withdraw from the contract only in relation to the defective goods. In relation to the other goods, he may only withdraw from the contract of sale if he cannot reasonably be expected to have an interest in retaining the other goods without the defective goods.
  12. The buyer asserts the rights of liability for defects with the seller. 
  13. The buyer can make a complaint of a defect electronically at the e-mail address cuscare@brandsalliance.eu. When complaining about a defect, the buyer shall describe the defect of the goods in at least a general way.
  14. In case of a defect, the Buyer is obliged to submit the goods to the Seller (in a cleaned and hygienic condition) by sending them to the address of the Seller's registered office and a copy of the proof of purchase of the goods (invoice). The Seller, after the Buyer has pointed out the defect pursuant to clause 7.13 of the Terms and Conditions, shall promptly provide the Buyer with a confirmation of the pointed out defect, indicating a reasonable period of time within which the Seller shall remedy the pointed out defect.
  15. The time limit for the removal of the defect stated in the defect certificate shall not exceed 30 days from the date of the defect. In the event that an objective reason beyond the Seller's control occurs during the removal of the defect, the time limit for the removal of the defect may be longer than 30 days.
  16. If the seller refuses liability for defects, the reasons for the refusal shall be notified in writing to the buyer. If the buyer proves the seller's liability for the defect by an expert opinion or an expert opinion issued by an accredited person, an authorised person or a notified person, the buyer may repetitively reproach the defect and the seller may not refuse liability for the defect; Section 621(3) of the Civil Code shall not apply to reproaching the defect. Section 509(2) of the Civil Code shall apply to the buyer's costs of the expert report and the expert opinion. The discount on the purchase price must be proportionate to the difference between the value of the goods sold and the value the goods would have had if they had been free from defects.
  17. The Seller shall deliver the repaired goods or replacement goods to the Buyer at the Seller's own expense, by the same or a similar method by which the Buyer delivered the defective goods to the Seller, unless the parties agree otherwise. If the Buyer does not take over the goods within six months from the date on which the Buyer was required to take them over, the Seller may sell the goods. If the goods are of higher value, the Seller shall notify the Buyer in advance of the intended sale and provide the Buyer with a reasonable additional period to take over the goods. After the sale, the Seller shall promptly pay the Buyer the proceeds from the sale of the goods after deducting the costs reasonably incurred for storage and sale, provided that the Buyer exercises the right to a share of the proceeds within the reasonable period specified by the Seller in the notice of intended sale. The Seller may destroy the goods at the Seller's own expense if they cannot be sold or if the expected proceeds from the sale would not be sufficient to cover the costs reasonably incurred by the Seller for storing the goods and the costs that the Seller would necessarily have to incur for their sale.
  18. After withdrawing from the Purchase Contract or any part of it, the Buyer shall return the goods to the Seller at the Seller's expense.
  19. After withdrawal from the Purchase Contract, the Seller shall refund the purchase price to the Buyer no later than 14 days from the date the goods are returned to the Seller or from the date the Buyer proves that the goods have been sent to the Seller, whichever occurs earlier.
  20. The Seller shall refund the purchase price to the Buyer or pay the Buyer a discount from the purchase price using the same method used by the Buyer to pay the purchase price, unless the Buyer expressly agrees to another method of payment. All costs associated with the refund shall be borne by the Seller.

ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

  1. The Buyer acquires ownership of the goods at the moment of delivery.
  2. The Seller is not bound by any codes of conduct in relation to the Buyer.
  3. Consumer complaints are handled by the Seller via the email address cuscare@brandsalliance.eu. Information about the handling of the Buyer's complaint shall be sent by the Seller to the Buyer's email address.
  4. The Slovak Trade Inspection, with its registered office at Bajkalská 21/A, 827 99 Bratislava 27, Company ID: 17 33 19 27, website https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi, is competent for out-of-court resolution of consumer disputes arising from the Purchase Contract. For alternative dispute resolution, see Article 13 of these Terms and Conditions. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK may be used for resolving disputes between the Seller and the Buyer arising from the Purchase Contract.
  5. The European Consumer Centre in the Slovak Republic, with its registered 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 of the Council of 21 May 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).
  6. The Seller is authorized to sell goods on the basis of a trade license. Trade control is carried out by the competent trade licensing authority within the scope of its competence. Supervision over the protection of personal data is carried out by the Office for Personal Data Protection of the Slovak Republic. The Slovak Trade Inspection supervises, within the defined scope, among other things, compliance with consumer protection law and is also an alternative dispute resolution body.

PROCESSING OF PERSONAL DATA

  1. The processing of personal data of a Buyer who is a natural person is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as "GDPR"), Act No. 18/2018 Coll. on the protection of personal data and on amendments and supplements to certain acts, as amended (hereinafter referred to as "ZOOU"), and other generally binding legal regulations.
  2. The Seller fulfils the information obligation towards the Buyer under Article 13 GDPR in connection with the processing of the Buyer's personal data for the purposes of performing the Purchase Contract, negotiating the Purchase Contract, and fulfilling the Seller's public-law obligations through a separate document, the Privacy Policy.

COMMERCIAL COMMUNICATION AND COOKIE STORAGE

  1. Commercial communication under Section 2(d) in conjunction with Section 4 of the Electronic Commerce Act may be carried out by the Seller only on the basis of the Buyer's consent to the sending of commercial communication to the Buyer's email address or telephone number. The Seller fulfils the information obligation towards the Buyer under Article 13 GDPR in connection with the processing of the Buyer's personal data for the purposes of sending commercial communication through a separate document, the Privacy Policy.
  2. The Buyer agrees to the storage of so-called cookies on the Buyer's computer. If purchases on the website can be made and the Seller's obligations under the Purchase Contract can be fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may withdraw the consent under the preceding sentence at any time. Further information is provided in the separate document, the Privacy Policy.

DELIVERY

  1. Documents may be delivered to the Buyer at the Buyer's email address.

SPECIAL PROVISIONS FOR CASES WHERE THE BUYER IS NOT A CONSUMER

  1. For relations between the Seller and a Buyer who is not a consumer, Articles 5.1 to 5.6, Article 7, Articles 8.2 to 8.6, Article 13, and Article 14.4 of these Terms and Conditions shall not apply.
  2. If the Buyer is not a consumer and the Seller, under the Purchase Contract, delivers the goods to a carrier for transport to the Buyer, the risk of damage passes to the Buyer when the goods are handed over to the first carrier for transport to the destination. In this case, delivery of the goods to the Buyer means handing over the goods to the first carrier for transport for the Buyer.
  3. If the Buyer is not a consumer, the Seller is entitled to withdraw from the Purchase Contract at any time until the goods are taken over by the Buyer. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay by cashless transfer to the account designated by the Buyer.
  4. If the Buyer is not a consumer, the Seller may require an advance payment towards the purchase price of the goods.
  5. For relations between the Seller and a Buyer who is not a consumer, the following applies:
    • the indication of the period of usability on the packaging of the goods does not have the effect of the Seller assuming a guarantee for the quality of the goods;
    • the Buyer is obliged to inspect the goods with professional care as soon as possible after the risk of damage to the goods passes and to verify their properties and quantity;
    • the Seller's liability for defects is excluded, in particular if the goods were not stored in accordance with the instructions stated on the packaging, the goods were used after the specified period, the goods were used contrary to the instructions for use or manual, or the defects were caused by force majeure or by faulty conduct of the Buyer or a third party;
    • a notice of defect must be made in writing, and the Buyer is obliged to provide the clearest possible description of the defect and how it manifests itself. If the goods were delivered in a quantity, quality, or design different from that specified in the Purchase Contract, the notice of defect must be submitted to the Seller without delay after receipt of the goods. Together with the written notice of defect, the Buyer must in such a case submit to the Seller the relevant facts concerning the defects of the goods and the relevant delivery notes for the goods;
    • if the goods have defects, the Buyer's claims arising from liability for defects, whether the breach of the Purchase Contract is material or immaterial, shall be satisfied at the Seller's choice either by delivering missing goods, removing other defects in the goods, delivering replacement goods for the defective goods, or providing a reasonable discount from the purchase price.

ALTERNATIVE DISPUTE RESOLUTION

  1. Alternative dispute resolution consists of the option for the Buyer as a consumer, if a dispute arises between the Buyer-consumer and the Seller from the exercise of rights arising from liability for defects, or if the Buyer-consumer believes that the Seller has violated other rights of the Buyer, to contact the Seller with a request for remedy. If the Seller rejects the Buyer's request as a consumer or does not respond to it within 30 days from the date it was sent, the Buyer as a consumer has the right to submit a proposal to initiate alternative dispute resolution (hereinafter referred to as the "Proposal") to an alternative dispute resolution body (hereinafter referred to as the "ADR body") under the ADR Act. Alternative dispute resolution does not apply, for example, to disputes where the quantifiable value of the dispute does not exceed EUR 20.
  2. The ADR body is:
    • the Regulatory Office for Network Industries (for disputes arising from contracts for connection to the distribution system, contracts for connection to the distribution network, contracts for bundled electricity supply, contracts for bundled gas supply, contracts for heat supply and consumption, contracts for drinking water supply, and contracts for wastewater drainage concluded with an entity carrying out a regulated activity under a special regulation);
    • the Office for Regulation of Electronic Communications and Postal Services (for disputes arising from contracts for the provision of publicly available services concerning the quality and price of services and from contracts for the provision of postal services concerning postal services and postal payment services);
    • the Slovak Trade Inspection in cases other than those referred to in Articles 13.2.1 and 13.2.2, except for disputes arising from contracts for the provision of financial services;
    • another legal entity entered in the list of ADR bodies maintained by the Ministry of Economy of the Slovak Republic (hereinafter also referred to as the "Ministry").
  3. The Proposal may be submitted by the Buyer as a consumer to the competent ADR body in paper form, electronically by email, or orally into the record. To submit the Proposal, the Buyer as a consumer may use the form template available on the website of the Ministry and of each alternative dispute resolution body.
  4. The competent ADR body in the case of the Seller is the Slovak Trade Inspection, with its registered office at Bajkalská 21/A, 827 99 Bratislava 27, Company ID: 17 33 19 27, or another competent authorized legal entity entered in the list of alternative dispute resolution bodies maintained by the Ministry (the list is available at List of alternative dispute resolution bodies | Alternative dispute resolution for consumer disputes | Consumer protection | Trade | MHSR (gov.sk) www.economy.gov.sk). The Buyer has the right to choose which of the listed ADR bodies to contact, without prejudice to the possibility of applying to a court.
  5. Alternative dispute resolution is free of charge, with the exception of a legal entity entered in the Ministry's list, which may require the consumer to pay a fee for the initiation of ADR in a maximum amount of EUR 5 including VAT. The ADR body shall generally complete the alternative dispute resolution within 90 days from the date of its initiation. In particularly complex cases, the ADR body may extend the period under the preceding sentence by 30 days, including repeatedly. The alternative dispute resolution body is obliged to inform the parties to the dispute without delay of each extension of the period under the second sentence, together with the reason for the extension.

FINAL PROVISIONS

  1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Slovak law. This does not affect the consumer's rights arising from generally binding legal regulations from which it is not possible to derogate contractually and which, in the absence of a choice of law, would otherwise apply under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
  2. If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
  3. The Purchase Contract, including these Terms and Conditions, is archived by the Seller in electronic form and is accessible to the Buyer upon request.
  4. Annex No. 1 to these Terms and Conditions consists of the model form for withdrawal from the Purchase Contract.
  5. These Terms and Conditions become valid and effective on the date of signature.
  6. Seller's contact details: delivery address Brands Alliance Ditribution s.r.o., Betliarska 6, 85107 Bratislava, email address cuscare@brandsalliance.eu.

In Bratislava on 1 December 2025
Ing. Veronika Lukáčová, Managing Director, Brands Alliance Ditribution s.r.o.