General sales conditions

1.1 These general sales conditions govern the rights and duties of contracting parties as stipulated in the Purchase Contract concluded between the Seller, namely KARLOFF, s.r.o. , domiciled at M. R. Štefánika 18, Cífer 919 43, Reg.No.: 36 247 367, (hereinafter the "Seller") and the Buyer, the subject of the Contract being the sale and purchase of goods via the e-shop on the website of the Seller.
Seller’s contact details:
e-mail: info@karloff.sk
tel./fax: +421/ 52/ 468 1461-2
plant address: KARLOFF, s.r.o. , Slavkovská 19/I, 060 01 Kežmarok, Slovakia

1.2 The Contracting Parties hereby agree that the Buyer’s order sent to the Seller constitutes the former’s consent to these General Sales Conditions  and that the provisions and regulations thereof apply to all Purchase Contracts entered into through any webpage of the e-shop administered by the Seller, and such Contract will constitute the basis on which the Seller will deliver the goods presented on the relevant webpage to the Buyer (hereinafter "Purchase Contract") and it will govern all relations between the Seller and the Buyer which the two enter into upon concluding the Purchase Contract including return of goods.  

1.3 These General Sales Conditions constitute an integral part of the Purchase Contract. In the case of the Seller and the Buyer concluding a written Purchase Contract in which they agree on conditions other than those set out in General Sales Conditions, the Purchase Contract provisions will prevail over the General Sales Conditions.

1.4 The list of goods on any webpage of the e-shop administered by the Seller constitutes a catalog of normally supplied goods and the Seller does not guarantee immediate availability of all listed goods. The availability of a particular product will be confirmed to the Buyer upon the latter’s enquiry.  

2. Delivery of the purchased product 

2.1 The Buyer declares that he is aware of the purchase conditions, that he understands them and undertakes to abide by the same. The Buyer agrees that he has chosen the purchased product voluntarily according to the Seller’s offer as displayed online in the KARLOFF e-shop.   

2.2 The Seller undertakes to deliver the purchased product to the Buyer pursuant to these General Sales Conditions, payment conditions  and pursuant to shipping conditions by  adhering to the stipulated shipping Schedule of a particular product commencing from the moment of payment for the order, unless otherwise agreed. Shipping costs are charged to the Buyer together with the product’s cost prior to dispatch unless otherwise agreed. Shipping of the purchased product is conducted by the Seller via agreed courier or by utilizing his own method of delivery. The Seller has complied with delivery time if he has delivered the purchased product to the Buyer within this stipulated period of time. The goods are shipped within the Slovak Republic or to countries listed in the shipping conditions.

2.3 Binding confirmation of acceptance of the order must bear the name and characteristics of the product the sale of which is the subject of the Purchase Contract, the price of the product and/or of other services, the name and delivery address and information on conditions and price of shipping of the goods to the stipulated address, or any other information as deemed necessary.

3. Seller’s rights and duties

3.1 The Seller is obliged:
a) Based on the Buyer’s order confirmed by the Seller, to deliver the goods in the desired quantities, quality and by the delivery date and to pack the goods or prepare them for shipment in such a way that ensures the goods’ protection against spoiling or damage,
b) to make sure the goods to be delivered comply with valid legal provisions of the SR,
c) to hand over to the Buyer, not later than together with the goods themselves, either in writing or electronically, all documents necessary to accept and use the goods.

3.2 The Seller is entitled to due and proper remittance of the purchase price by the Buyer for delivered goods.

3.3 The Seller undertakes:
- to deliver correct type and quantity of goods based on the customer’s order and agreed price
- to ensure adequate packing of the goods and to dispatch them within the agreed time
- to issue and enclose an invoice as a tax document

3.4 The Seller disclaims liability:
- for the late delivery of ordered goods assignable to courier company
- for damage to a consignment assignable to postal, courier, or other expedient service 
- for failure to deliver the product assignable to the producer (supplier) due to any restrictions imposed on distributing rights or due to their forfeiture or due to any other unforeseen limitations.

4. Purchaser’s rights and duties

4.1 The Purchaser is obliged:
a) to accept purchased or ordered goods,
b) to duly pay the Seller the agreed purchase price including shipping costs,
c) to refrain from harming the Seller’s reputation,
d) to confirm receipt of the goods by signing the dispatch note either in person or by proxy. 

4.2 The Buyer is entitled to a delivery of goods in the correct quantity, of adequate quality, in time and at the address  agreed to between the Contractual Parties in the binding confirmation of the order acceptance.

5. Transfer of title and risk of damage to the goods

5.1 The Buyer acquires ownership title to the goods after he has paid the full price thereof.

5.2 The risk of damage to the goods passes to the Buyer upon the latter’s acceptance of the goods from the Seller, or, if the Buyer fails to accept the consignment on time, then at such time at which the Seller makes the goods available to the Buyer .

6. Returned goods policy (liability for defects, warranty, claims)

6.1 The Seller is liable for any defects to the goods supplied and the Buyer is obliged to file his claim immediately with the Seller pursuant to a valid Returned Goods Policy.

6.2 The claims are addressed in compliance with the valid Returned Goods Policy. By submitting his order to the Seller, the Buyer attests he has been duly instructed on conditions and procedures pertaining to filing a claim involving a defect to the goods and that he is also aware of the site he can address his claim to. 

6.3 The Returned Goods Policy refers to goods purchased by the Buyer from the Seller via e- shop which is a part of the Seller’s website. 

6.4 The Returned Goods Policy in this form covers all business cases, unless otherwise agreed in writing. 

6.5 The Buyer is obliged to inspect the goods upon their acceptance. If he fails to do so, he is entitled to claim compensation for defective goods only if he proves the goods had displayed such defects at the time of their receipt.

6.6 The Seller disclaims liability for incidental damage incurred by the courier. If it is sufficiently proved the supplied goods had been shipped in poor quality (spoiled or otherwise unfit), the Buyer is entitled to their replacement free of charge by goods of equal value. However, it is the Buyer who bears the costs of their shipping back to the designated destination as well as the costs incurred by shipping the defective goods back to the KARLOFF company. In such a case the Seller does not reimburse the Buyer the original shipping costs. The Seller disclaims liability for deficiencies and defects incurred by the courier service (bottle breaking and the like).

6.7 Claims are accepted
- over the phone (during business days from 8:00 a.m. to 3:00 p.m. on the number +421 52/468 1461)
- via e-mail (info@karloff.sk)
- via postal service (KARLOFF, s.r.o. , Slavkovská 19/I, 060 01 Kežmarok)

6.8 Warranty
Each product sold is covered by warranty stretching over the mandatory warranty period as stipulated by law unless it bears information to the contrary. 

7. Personal details and their protection

7.1 The Contracting parties agree the Buyer, being a natural person, undertakes to provide the Seller with his first and last name, address including the zip/post code, social security number, phone number and e-mail address. 

7.2 The Contracting parties agree the Buyer, being a legal entity, undertakes to provide the Seller with his Business name, domicile including the zip/post code, Reg. no., telephone number and e-mail address.

7.3 Pursuant to provisions of Art. 7 sec. 1 of the Act no. 428/2002 Statutes on Personal data protection as amended, the Buyer acknowledges he agrees with the Seller’s processing and storing of his personal details, especially those stipulated above and/or those the Seller needs in order to process the order in all of his information systems. The Seller undertakes to process the Buyer’s personal details in compliance with the valid legal provisions of the SR. The Buyer gives his consent to the Seller regarding the matter above for an unlimited period of time. Such approval may be withdrawn at any time by the Buyer on the condition that it must be in writing.  

7.4  By submitting his order, the Buyer accepts the Seller’s initiative that includes sending him newsletters, offers and promotional information without the latter‘s prior obtaining of the  Buyer’s consent to be a recipient of such correspondence.  

8. Rescission of a Contract

8.1 The Seller is entitled to rescind a Contract provided the Producer or Importer or Supplier of goods constituting the subject of Purchase Contract interrupted his production or executed modifications to such an extent as to mar performance of  the Seller’s obligation arising from the Purchase Contract, or in case of Force Majeure. The Seller is obliged to immediately inform the Buyer of such an event and to refund advance payment already remitted for the goods stipulated in the Purchase Contract.

8.2 The Seller is entitled to cancel supply of goods if:
-the Buyer submits invalid or forged documents for the purpose of purchasing the goods,
-the Buyer fails to accept the purchased goods at a time of which he had been duly notified.

8.3 By submitting his order to the Seller, the Buyer acknowledges the Seller has timely and duly performed his duty to inform the Buyer pursuant to Art. 10 of the Act on Consumer Protection in Mail Ordering Business.

8.4 The Buyer is entitled to cancel his acceptance of the goods only if the Seller fails to adhere to delivery conditions pertaining to the goods. Abandonment of goods will be accepted in written form only. If the Buyer abandons the goods for any other reason, he undertakes to reimburse the Seller all costs incurred in connection with such order together with contractual penalty of 165.97 €. The abandonment is effective since its receipt. Provided delivery of  written notice of abandonment fails, the notice is considered delivered if it had been sent to the Buyer’s last known address and the Buyer failed to accept it within specified delivery period.  

8.5 Rescission of Purchase Contract as set out in previous clause of these General Sales Conditions must include the Buyer’s identification details, order number and date, exact goods description, instruction on how is the Seller to refund accepted payment, specifying the account number and/or address. At the same time, the Buyer is obliged to supply the Seller together with the former’s Purchase Contract Rescission, the goods in original packing plus accompanying ware including documents, receipt of payment etc. in the form of insured shipment.

9. Closing provisions

9.1 The Seller reserves right to change these General Sales Conditions. He has complied with his duty to notify the public of such change in writing by posting it at the Seller’s e-shop website. 

9.2 Provided the Purchase Contract has been concluded in writing, any amendment thereof must likewise be in written form.

9.3 The Seller reserves right to adjust prices listed in information materials used by the Buyer when choosing the purchased product, provided such adjustment became necessary due to facts the Seller could not have influenced at the time of Contract signing by the Buyer until the time it arrived to the Seller’s premises. The Buyer undertakes to accept the price adjustment without rescinding his Purchase Contract provided the adjustment does not make the price exceed 10% of the original product price.

9.4 If the Contractual Parties agreed in particular cases pursuant to these General Sales Conditions on payment of contractual penalty, the Buyer undertakes to satisfy such claim even if he had not breached his obligations. This provision does not preclude the right to claim compensatory damages.

9.5 Cases not covered by these General Sales Conditions will be governed by relevant provisions of Civil Code and Act on Online sales.

9.6 These General Sales Conditions become valid and effective upon the Buyer’s entering into the Purchase Contract, i.e. usually on a day on which the Buyer has paid for the goods.

9.7 By submitting his order, the Buyer acknowledges he has read these General Sales Conditions and accepts them fully. Any modifications and amendments to these General Sales Conditions are possible to be effected only upon the Contracting Parties written agreement thereof, taking the form of written amendment. 

9.8 An integral part of these General Sales Conditions are also Shipping and payment conditions  stipulated further as an attachment.