Terms and conditions

TERMS AND CONDITIONS

These terms and conditions ("Terms") govern the rights and obligations of you, as a buyer, and us, as the seller or merchant, within contractual relationships concluded through remote communication, specifically through the E-shop on the website https://www.gripstone.eu

All information regarding the processing of your personal data is contained in the privacy policy, which can be found here: https://www.gripstone.eu/en/personal-data-protection-conditions/

As you know, we primarily communicate remotely. Therefore, our Agreement is governed by the use of remote communication means, which allow us to agree without the simultaneous physical presence of both parties.

If any part of the Terms contradicts what we mutually agreed upon during your Order process on our E-shop, the specific agreement will take precedence over these Terms.

SOME DEFINITIONS

1.1 Digital performance refers to anything that can be purchased on the E-shop through the conclusion of an Agreement for the provision of digital performance, which consists of data created and delivered in digital form or a digital service that allows you to create, process, store data in digital form, or access such data.

1.2 Price is the amount you will pay for the Goods.

1.3 Shipping cost is the amount you will pay for the delivery of the Goods, including the cost of packaging, transportation, postage, or other fees.

1.4 Total price is the sum of the Price and Shipping cost, any additional costs, and fees, if these could not be determined in advance.

1.5 VAT refers to Value Added Tax according to applicable legal regulations.

1.6 E-shop is the online store operated by us at the address https://www.gripstone.eu, where the purchase of Goods takes place.

1.7 Invoice is the tax document issued in accordance with the VAT Act for the Total price.

1.8 We refers to the company Gripstone, s.r.o., located at Hanulova 45, Nitra 949 01, ID number 35962895, registered in the Commercial Register of the District Court in Nitra, section Sro, insert no. 17289/N, email info@gripstone-shop.sk, phone number +421 903 719 720, legally referred to as the seller or merchant; for clarification, we are not operators of an online marketplace, and we do not provide consumers with an online marketplace, even through third parties, thus specific informational obligations under § 16 and § 17 of the Consumer Protection Act do not apply to us.

1.9 Order is your irrevocable offer to conclude a Purchase Agreement for Goods with us.

1.10 Entrepreneur is a person registered in the Commercial Register.

1.11 Consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business activity or other entrepreneurial activity.

1.12 Consumer Purchase Agreement is a purchase agreement concluded between the merchant as the seller and the Consumer as the buyer, if the subject of the purchase is any movable item, including items with digital elements, water, gas, or electricity sold in limited volumes or specified amounts, even if the item is yet to be produced or made, among other things, according to the Consumer's specifications.

1.13 Goods refers to anything you can purchase on the E-shop.

1.14 User account is an account created based on the information you provide, allowing you to store entered data, order history, and closed contracts, or access and use Digital Content provided under a Digital Performance Agreement.

1.15 You refer to the person purchasing from our E-shop, legally referred to as the buyer. If you provide your identification number (IČO) in the order, you acknowledge that the provisions of these Terms specifically designed for Entrepreneurs will apply to you, along with the conditions mutually agreed upon between us, while still having full protection against unfair and aggressive business practices and deceptive conduct under relevant legal regulations.

1.16 Agreement is the purchase agreement concluded based on a properly completed Order sent through the E-shop, and is concluded at the moment you receive our Order confirmation. An Agreement is also a contract for the purchase of an item with digital elements and an agreement for the provision of digital performance. If these Terms refer to a contract for the purchase of items with digital elements or a contract for the provision of digital performance, such specific provisions apply only to the Goods and/or Digital performance provided under that specific contractual type.

1.17 Distance contract is a contract between the merchant and the Consumer concluded and finalized exclusively through one or more means of distance communication without the simultaneous physical presence of the merchant and the Consumer, particularly using an online interface, email, phone, fax, postal letter, or catalog ("Agreement").

1.18 Civil Code refers to Slovak Law No. 40/1964 Coll., as amended.

1.19 Consumer Protection Act refers to Slovak Law No. 108/2024 Coll. on consumer protection and amending certain laws.

GENERAL PROVISIONS AND INSTRUCTIONS

2.1. The purchase of Goods is only possible through the web interface of the E-shop.

2.2. When purchasing Goods, you are required to provide us with all correct, complete, and truthful information. The information you provide to us when ordering Goods will be considered correct, complete, and truthful.

CONCLUSION OF THE AGREEMENT

3.1. The contract with us can only be concluded in the Slovak language.

3.2. The Agreement is concluded remotely through the E-shop, with the costs for the use of communication means during the conclusion of the remote contract being borne by you. These costs do not increase the Total price of the Goods, nor do they differ from the basic rate you pay for using these means (e.g., internet access). No additional costs beyond the Total price will be charged by us. By submitting the Order, you agree to use means of distance communication.

3.3. To conclude the Agreement, you must create an Order proposal on the E-shop. The proposal must include the following information:

a) Information about the Goods you wish to purchase (on the E-shop, you indicate the Goods you wish to buy by clicking the "Add to Cart" button).

b) Information about the Price, Shipping cost, VAT, payment method for the Total price, and the required delivery method of the Goods; this information will be entered during the creation of the Order proposal within the E-shop interface, and the Price, Shipping cost, VAT, and Total price will be automatically displayed by us based on the selected Goods and delivery method.

c) Your identification data to enable delivery of the Goods, particularly your name, surname, delivery address, phone number, and email address.

3.4. During the creation of the Order proposal, you can change and check the data until the Order is created.

3.5. After checking the data, by clicking the "Order with payment obligation" button, you create the Order. However, before clicking the button, you must confirm that you have properly read and agreed to these Terms. Otherwise, it will not be possible to create the Order. The confirmation and agreement are done by checking the checkbox. Once you click the "Order with payment obligation" button, all entered information will be sent directly to us.

3.6. We will confirm your Order as soon as possible after receiving it by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms. The confirmation of the Order by us concludes the Agreement between us and you. The Terms in effect at the time of the order form an integral part of the Agreement.

3.7. There may be situations when we cannot confirm the Order, especially if the Goods are unavailable or if you order more units of Goods than we are able to provide. However, we will always provide you with information about the maximum number of units of Goods in the E-shop in advance, so it should not be a surprise. If there is any reason we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form. The Agreement is concluded when you confirm our offer.

3.8. In the event of a clear error in the Price in the E-shop or in the Order proposal, particularly due to a technical error, we are not obligated to deliver the Goods at that price, even if you received an Order confirmation, and the Agreement was concluded. In such a case, we will contact you immediately and have the right to withdraw from the Agreement, providing you with an offer to conclude a new Agreement in a modified form. The new Agreement is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the Agreement.

3.9. Once the Agreement is concluded, you have an obligation to pay the Total price.

3.10. If you have created a User account, you can place the Order through it. In such a case, you still have the obligation to check the correctness, truthfulness, and completeness of the pre-filled data. The method of creating the Order is the same as for a buyer without a User account, but the advantage is that you do not need to repeatedly fill in your identification data.

3.11. In some cases, we offer discounts for purchasing Goods. To receive a discount, you must fill in the discount details in the designated field in the Order proposal. If you do so, the Goods will be provided to you with a discount.

Here is the translation of the provided text into English:

4. USER ACCOUNT

4.1. Based on your registration within the E-shop, you can access your User Account.

4.2. When registering a User Account, you are obliged to provide correct and truthful information and to update it if there are any changes.

4.3. Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding these access details and not to share them with anyone. In the event of misuse, we are not responsible for any consequences.

4.4. The User Account is personal, and you are not authorized to allow third parties to use it.

4.5. We may cancel your User Account, particularly if it has not been used for more than 3 years, upon your withdrawal from the Contract, or if you violate your obligations under the Contract.

4.6. The User Account may not be available continuously, especially due to necessary hardware and software maintenance.

5. PRICING AND PAYMENT CONDITIONS, RESERVATION OF TITLE

5.1. The price is always stated within the E-shop, in the Order proposal, and in the Contract. In case of a discrepancy between the price stated for the product within the E-shop and the price listed in the Order proposal, the price in the Order proposal applies, and it will always match the price in the Contract. The Order proposal also lists the shipping cost and conditions under which shipping is free.

5.2. The total price according to point 1.4 includes VAT, as well as all fees established by special legal regulations.

5.3. Payment of the total price will be requested after the Contract is concluded and before the goods are handed over to you. You can make the payment of the total price using the following methods:

a) Bank transfer. Payment details will be sent to you in the Order confirmation. In the case of payment by bank transfer, the total price is due within 4 days.

b) Online card payment. In this case, payment will be processed via the Shoptet Pay payment gateway, and the payment is governed by the terms of this gateway, which are available at the following address: https://www.shoptetpay.com/wp-content/uploads/2024/02/shoptet-pay-vop-01-02-2024-sk.pdf. In the case of online card payment, the total price is due within 3 days.

c) Cash on delivery. Payment will be made upon delivery of the goods in exchange for the goods. In the case of cash on delivery, the total price is due upon receipt of the goods.

d) Cash payment upon personal pickup. Cash payments are possible when picking up the goods at our premises, the list of which is available on our website. In the case of cash payment upon personal pickup, the total price is due when you collect the goods.

5.4. An invoice will be issued in electronic form after the total price is paid and will be sent to your email address provided in the Order. The invoice will also be available in your User Account if you have created one.

5.5. Ownership of the goods will transfer to you only after you have paid the total price and the goods are delivered to you. In the case of bank transfer payment, the total price is considered paid when the funds are credited to our account; in other cases, it is considered paid when the payment is made.

6. DELIVERY OF GOODS, RISK OF DAMAGE, DESTRUCTION, AND LOSS OF THE PURCHASED ITEM

6.1. The goods will be delivered in the method of your choice, from the following options:

a) Personal pickup at Packeta's pickup points;

b) Delivery via courier companies;

c) All details regarding the shipping options will be updated in the internal document: /sposoby-a-ceny-dopravy/

6.2. Goods can only be delivered within Europe.

6.3. We are obliged to deliver the goods to you without undue delay, but no later than 30 days from the date of conclusion of the Contract, unless otherwise agreed. The goods are considered delivered at the moment they are received by you, or by a person you designate, or when they are handed over to the carrier you appointed, outside of the shipping options we offered. If the goods require assembly or installation by us, the goods are considered delivered once the assembly or installation is completed. Digital goods are considered delivered when the relevant digital content or digital service is made available for download or installation, or if it concerns continuous supply of digital content or services during an agreed period, at the moment it is made available to you.

6.4. In fulfilling the Contract, circumstances may arise that affect the delivery date of the goods you ordered. We will promptly inform you by email of any change in the delivery date and the new estimated delivery time, and your right to withdraw from the Contract remains unaffected. Our notification about the new delivery time will also include a request for you to confirm whether you still wish to receive the goods at the new delivery time.

6.5. Upon receiving the goods from the carrier, it is your responsibility to inspect the integrity of the goods' packaging. In case of any damage, you must immediately inform the carrier and us. If the packaging shows signs of unauthorized handling or tampering, you are not obliged to accept the goods from the carrier.

6.6. You are required to accept the goods at the agreed location and time. If you fail to accept the goods as mentioned above, we will notify you by email where you can pick up the goods, including the time frame for pickup, or we will resend the goods to you based on your written request sent no later than 14 days after the initial delivery date. You agree to pay for the re-delivery costs if the goods are reshipped. If you fail to collect the goods, except in cases referred to in point 6.4, it will not be considered a breach of our obligation to deliver the goods to you. Furthermore, failure to collect the goods is not a reason to withdraw from the Contract. If you do not collect the goods even within the additional time frame, we reserve the right to withdraw from the Contract due to your material breach. If we decide to exercise this right, the withdrawal is effective on the day we deliver the notice of withdrawal to you. Withdrawal from the Contract does not affect our claim for compensation for the actual costs of attempting to deliver the goods at your request, or any other claim for compensation if applicable.

6.7. If the goods are delivered repeatedly or in a manner other than agreed in the Contract due to reasons on your side, you are obliged to reimburse us for the costs of repeated delivery at your request. Payment details for these costs will be sent to your email address provided in the Contract, and payment is due within 14 days from receiving the email.

6.8. The risk of accidental damage, deterioration, and loss of the goods passes to you at the moment of delivery. If you fail to collect the goods or refuse to accept them, except for the cases mentioned in point 4, the risk of accidental damage, deterioration, and loss passes to you at the moment you had the opportunity to accept them but failed to do so due to reasons on your side. The passing of the risk of accidental damage, deterioration, and loss means that you bear all the consequences related to the loss, destruction, damage, or any devaluation of the goods from that moment on.

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7. RIGHTS ARISING FROM LIABILITY FOR DEFECTS

7.1. Introductory Provision on Liability for Defects

7.1.1. If you are a Business, we commit to delivering the Goods to you in the agreed quality, quantity, and without defects.

7.1.2. If you are a Consumer, we commit to delivering the Goods to you in accordance with the general requirements under § 617 of the Civil Code and the agreed requirements under § 616 of the Civil Code, presented in the properties of the Goods you ordered on Our E-shop or in Our promotional materials concerning the delivered Goods, and without defects. The Goods may not comply with the general requirements under § 617 of the Civil Code if, at the time of concluding the Contract, we expressly informed you that a certain property does not meet those general requirements and you explicitly and separately agreed to this.

7.1.3. The Goods sold comply with the general requirements under § 617 of the Civil Code if:

a) It is suitable for all purposes for which Goods of the same type are normally used, taking into account, in particular, legal regulations, technical standards, or codes of conduct applicable to the relevant industry, if no technical standards have been developed;

b) It corresponds to the description and quality of the sample or model that we made available to you before concluding the Contract;

c) It is delivered with accessories, packaging, and instructions, including installation and assembly instructions, which you can reasonably expect;

d) It is delivered in the quantity, quality, and with properties including functionality, compatibility, safety, and ability to maintain its functionality and performance (service life) during normal use, as is common for Goods of the same type and what you can reasonably expect based on the nature of the Goods sold, with regard to any public statement made by us or another person in the same supply chain, including the manufacturer, or on their behalf, particularly in the promotion of the Goods or its labeling. The manufacturer is considered to be the producer of the Goods, the importer of the Goods into the European Union market from a third country, or another person who is marked as the manufacturer by placing their name, trademark, or other distinguishing mark on the Goods. We are responsible for defects that the Goods have at the time of delivery in accordance with our obligations specified in Section 7.1.1 or 7.1.2 of these Terms.

7.1.5. If you are a Business, we are not responsible for defects in the Goods in the following cases:

7.1.5.1. If you were informed about existing defects or if you should have known about the defects based on the circumstances of the Contract conclusion, and these defects do not contradict the agreed properties of the Goods;

7.1.5.2. If the defects of the Goods occurred after you took possession of the Goods, provided that the defects did not arise from our breach of obligations or if you had the possibility of taking possession of the Goods under Section 6 of these Terms and you refused to take possession without legal grounds or did not take possession;

7.1.5.3. If you did not raise apparent defects of the Goods in a timely manner according to Section 7.3.1 of these Terms;

7.1.5.4. If you did not raise hidden defects of the Goods in a timely manner according to Section 7.3.2 of these Terms;

7.1.5.5. For used Goods, we are not responsible for defects arising from their use or wear and tear. For Goods sold at a lower price, we are not responsible for defects for which a lower price has been agreed.

7.1.6. If you are a Consumer, we are not responsible for defects in the Goods in the following cases:

7.1.6.1. If you did not raise the defects of the Goods in a timely manner within the time limit specified in Section 7.4.1 of these Terms;

7.1.7. The general warranty period is 24 months. The warranty period starts from the moment you take possession of the Goods.

7.1.8. If the Goods are replaced, the warranty period will begin again from the moment you take possession of the new Goods.

7.1.9. Your rights from liability for defects in the Goods, which are subject to the warranty period, will expire if you do not assert them within the warranty period. However, rights arising from defects in Goods that spoil quickly must be asserted at the latest by the day after purchase, otherwise, your rights will expire.

7.2. Defective Goods

The Goods are defective if they do not comply with the agreed requirements and general requirements mentioned above, or if their use is prevented or restricted by the rights of a third party, including intellectual property rights. We guarantee that at the time when the risk of accidental loss and deterioration of the Goods transfers to you according to Section 6.8 of the Terms, the Goods are defect-free, especially that:

a) They comply with the description, type, quantity, and quality and have the properties that we have agreed with you, and if not expressly agreed upon, then those that we have indicated in the description of the Goods or those that can reasonably be expected based on the nature of the Goods;

b) They are suitable for the purposes we specified or for the usual purposes for Goods of this type and are functional;

c) They are delivered with all accessories and instructions, if agreed in the Contract with you;

7.3. Conditions for Exercising the Right to Liability for Defects (Complaints), Specifically for Businesses

7.3.1. It is your duty to notify and raise the defect without unnecessary delay after you could have discovered it, but no later than 3 days after taking possession of the Goods.

7.3.2. The right to liability for other defects (hidden defects) must be exercised in the manner specified in Section 7.5.1 below, without unnecessary delay after you discovered the defect on the Goods, but no later than the expiration of the warranty period.

7.3.3. If the Goods are delivered to you in damaged or broken packaging or if the package is obviously too light, we ask you not to accept such Goods from the shipping company and to immediately notify us of this fact by phone at +421 903 719 720 or by email at info@gripstone-shop.sk. In the case of obvious defects (e.g., mechanical damage), you are obliged to file a complaint without unnecessary delay in the manner specified in Section 7.5.1 below. We will not consider complaints made later regarding obvious defects in the Goods, including defects such as incomplete Goods.

7.3.4. The warranty applies to all defects of the Goods described in Section 7.2. and/or contrary to our commitment in Section 7.1.1 of these Terms.

7.3.5. You are not entitled to assert your right from liability for a defect if we are not responsible for the defects under Section 7.1.5 of these Terms or under the legal regulations applicable and effective at the time of the conclusion of the Contract, or if you knew about the defect before taking possession of the Goods, or we informed you about it, or you received an appropriate discount on the Price of the Goods due to this reason.

7.4. Conditions for Exercising Warranty Rights (Complaints) Specifically for Consumers

7.4.1. You have the right to exercise your warranty rights for defects that occur upon receiving the Goods within 2 months from the discovery of the defect, but no later than 24 months after delivery. If the purchase involves Goods with digital elements, where digital content or services are to be continuously provided during the agreed period, we are responsible for any defects in the digital content or service that occur or manifest during the entire agreed period, but for at least 2 years from the delivery of the Goods with digital elements.

7.4.2. If the Goods are delivered in a damaged or broken package, or if the shipment is obviously too light, we recommend that you do not accept such Goods from the carrier and inform us immediately at +421 903 719 720 or via email at info@gripstone-shop.sk. If you decide to accept such a shipment, you must inspect the Goods in the presence of the carrier to ensure that no items are missing and that all items are in proper condition. If, upon inspection, you find that the condition or quantity of the ordered Goods does not match what you ordered, we recommend that you fill out a Damage Report with the carrier or note the discrepancy in the carrier's delivery protocol.

7.4.3. If you discover obvious defects after receiving the Goods (e.g., mechanical damage, missing Goods or items, incorrect Goods or items), you are required to immediately file a complaint according to point 7.5.1. below. Late complaints due to obvious defects, including a defect involving incomplete Goods, may be rejected.

7.4.4. You are not entitled to exercise your warranty rights if we are not liable for the defects in accordance with point 7.1.6 of these Conditions or under the applicable legal regulations effective at the time of the conclusion of the Contract.

7.4.5. You may exercise your warranty rights in the manner specified in point 7.5.1. and within the time frame mentioned in point 7.4.1 of these Conditions.

7.5. Exercising Warranty Rights (Complaints)

7.5.1. If the Goods have a defect, particularly if one of the conditions in point 7.1. is not met, you can notify us of the defect and exercise your warranty rights (i.e., file a complaint) by sending an email or letter to the addresses listed in our identification details. You may also use a sample form provided by us, which is attached as Appendix 1 of these Conditions.

7.5.2. In your complaint notice, please include a description of the defect, your identification details, including the email address where you wish to receive a response regarding how your complaint will be handled, and specify which of the warranty rights outlined in points 7.6.3. to 7.6.8 you are exercising.

7.5.3. When filing a complaint, please provide proof of purchase (invoice) to prove that the Goods were purchased from us. Otherwise, we are not obliged to accept your complaint.

7.5.4. The date of filing the complaint is considered to be the day the defective Goods and relevant documents (as per point 7.5.3) are received. If your complaint submission is incomplete (e.g., illegible, unclear, ambiguous, missing required documents, etc.), we will request additional information from you in writing, usually via email. In this case, the complaint process will begin on the day we receive your completed submission.

7.5.5. Once we receive your complaint or additional information, we will immediately issue a written confirmation of receipt of the complaint or acknowledgment of the defect. The confirmation will include the shortest possible time frame, as determined under point 7.6.1., within which the defect will be rectified.

7.5.6. If you do not complete your complaint as requested in point 7.5.4 without delay, and no later than 10 days from the date of our request, we will consider your complaint unfounded. If the requested missing information is necessary for processing the complaint, we may decide not to address the incomplete complaint.

7.6. Handling of Complaints

7.6.1. Based on your choice of which method of defect resolution you wish to apply (as specified in points 7.6.3. and 7.6.4. to 7.6.8), we will rectify the defect within a reasonable time frame, which is needed to assess the defect and to repair or replace the item, considering the nature of the item and the defect's severity. This period will not exceed 30 days from the day your complaint is filed or from the day the defect is acknowledged. We do not provide a consumer warranty as per § 626 of the Civil Code. We are not obliged to accept your chosen method of defect resolution if it is not feasible or would cause us unreasonable costs considering the price of the Goods and the defect's severity.

7.6.2. Only in exceptional cases and for objective reasons may we extend the defect resolution period specified in the acknowledgment of the defect. We will inform you in writing about the extension of the defect resolution period.

7.6.3. If the defect can be rectified by repair, you have the right to have the defect repaired at our expense, promptly and properly.

7.6.4. Instead of repairing the defect, you can request a replacement of the Goods.

7.6.5. Instead of repairing the defect, we can always replace the defective Goods with flawless ones if it does not cause you significant inconvenience.

7.6.6. If the defect resolution period expires, you have the right to a reasonable discount on the price of the Goods or you can withdraw from the Contract. You also have these rights if we do not repair or replace the Goods, refuse to repair or replace them, or if the repair or replacement is not possible or would involve unreasonable costs. The discount on the purchase price must be proportional to the difference in value between the defective Goods and what the Goods would be worth without the defects. The purchase price or discount will be refunded to you using the same payment method as used for the purchase unless otherwise agreed.

You cannot withdraw from the Contract under point 7.6.6 if you contributed to the defect's occurrence or if the defect is minor. If the Contract covers multiple Goods, you may withdraw from the Contract only for the defective Goods. For other Goods, you can withdraw from the Contract only if it is unreasonable to expect that you will want to keep the remaining Goods without the defective ones.

7.6.7. If the Goods have a defect that cannot be remedied and prevents you from using the Goods properly as defect-free, you have the right to a replacement of the Goods or the right to withdraw from the Contract. The same rights apply if the defect is removable, but the Goods cannot be properly used due to the defect's recurrence after repair or because of a greater number of defects.

7.6.8. We will handle your complaint or defect notification by providing you with either repaired Goods, a replacement, a reasonable discount on the price, or a written and justified rejection of the warranty claim.

7.7. If you are a Consumer, the exercise of rights under the liability for defects of the Goods is governed by the provisions of § 619 and following of the Civil Code and the Consumer Protection Act.

7.8. If we refuse liability for defects or reject your complaint, you have the right to contact an accredited, authorized, or notified person (e.g., an expert, authorized, accredited, or notified person, authorized service, scientific institution, etc.) to provide an expert opinion or professional statement to prove our liability for the defects of the Goods.

7.9. If you prove our liability for the defects of the Goods according to section 7.8, you may repeat your complaint to us. In this case, we cannot reject the responsibility, and we will be obligated to re-examine your complaint.

7.10. The costs related to obtaining an expert opinion or professional statement according to section 7.8 of these Terms will be borne by us, but you must claim them from us no later than 2 months after the handling of the repeated complaint.

7.11. We have properly informed you of your rights related to the exercise of liability for any defects in the Goods. By concluding the Agreement, you confirm that you have had the opportunity to read and understand the complaint terms for the Goods in advance.

WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Agreement, i.e., the termination of the contractual relationship between us and you from its inception, may occur for the reasons and methods specified in this article, or other provisions of the Terms in which the possibility of withdrawal is explicitly mentioned.

8.2. If you are a Consumer, in accordance with § 20 of the Consumer Protection Act, you have the right to withdraw from the Agreement without stating a reason within 14 days from the day of receiving the Goods or the conclusion of the Agreement concerning the provision of a service, or the conclusion of an Agreement on the supply of digital content delivered otherwise than on a tangible medium. If we have concluded an Agreement for multiple Goods or the delivery of several parts of Goods, this period begins on the day of receiving the last part of the Goods, and if we have concluded an Agreement for regular and repeated deliveries of Goods, the period starts from the day of receiving the first delivery. You can withdraw from the Agreement in any verifiable manner (especially by sending an email or letter to our addresses listed in our identification details in the Terms). You may also use the standard form provided by us, which is Appendix 2 to the Terms. You are entitled to withdraw from the Agreement only with respect to specific Goods or Goods if we have delivered or provided multiple Goods under the Agreement. The effects of withdrawal from the Agreement also apply to any supplementary agreements to the Agreement, unless we explicitly agree otherwise. After receiving the notice of withdrawal from the Agreement, we will promptly provide you with our confirmation of receipt by email or on a durable medium.

8.3. If, as a Consumer, we do not deliver the Goods to you on time, you are entitled to withdraw from the Agreement without providing an additional reasonable deadline according to § 517 (1) of the Civil Code, if (i) we refuse to deliver the Goods, (ii) timely delivery was exceptionally important based on all the circumstances of the conclusion of the Agreement, (iii) you informed us before concluding the Agreement that timely delivery was exceptionally important.

8.4. As a Consumer, however, you cannot withdraw from the Agreement in cases where the subject of the Agreement is:

a) The provision of a service, if the service has been fully provided and the provision of the service started before the withdrawal period expired with your express consent and you have declared that you were properly informed that by consenting, you lose the right to withdraw from the Agreement once the service is fully provided, if you are obliged to pay the Price under the Agreement;
b) The sale of Goods whose price depends on fluctuations in the financial market that we cannot influence and which may occur during the withdrawal period;
c) The sale of Goods subject to rapid deterioration or perishing, and Goods that were inseparably mixed with another item after delivery;
d) The sale of Goods sealed in protective packaging that is not suitable for return due to health protection or hygiene reasons, and whose protective packaging was broken after delivery.

8.5. The withdrawal period under section 2 of the Terms is considered preserved if we receive your notice of withdrawal during this period (no later than the last day of the period).

8.6. In the case of withdrawal from the Agreement, we will refund the Price within 14 days from the day we receive the notice of withdrawal, to your bank account from which the payment was made or to the bank account chosen in the withdrawal notice. However, the amount will not be refunded before you return the Goods or prove that they have been sent back to us. Please return the Goods clean, if possible, including the original packaging.

8.7. In the case of withdrawal from the Agreement under section 2 of the Terms, you are required to send the Goods back to us or to a person authorized by us within 14 days of withdrawal. You will bear the costs of returning the Goods unless we agree to pick them up in person or through a person authorized by us. The period is preserved if the Goods are handed over for transport no later than the last day of the period. You are entitled to have the shipping cost refunded, but only up to the amount of the cheapest delivery method offered for the Goods.

8.8. You are responsible for any damage caused to the Goods due to your improper handling of the Goods, in a manner that is not necessary considering its nature and properties. We will charge you for the damage caused after the Goods are returned to us, and the payment of the charged amount will be due within 14 days.

8.9. We are entitled to withdraw from the Agreement due to stock depletion, unavailability of the Goods, or if the manufacturer, importer, or supplier of the Goods agreed upon in the Agreement interrupted production or made significant changes that prevented the fulfillment of our obligations under the Agreement or for reasons of force majeure, or if, even with all the efforts we can reasonably be expected to make, we are unable to deliver the Goods within the time specified in these Terms. In such cases, we are obligated to inform you of this fact without delay and return any amount already paid for the Goods within 14 days of the withdrawal notice. We will return the total amount paid for the Goods in the same manner in which you paid, unless we agree with you on another method of refund.

8.10. We are also entitled to withdraw from the Agreement if you fail to collect the Goods within 5 working days from the day when you were supposed to collect them.

9. SUBMITTING COMPLAINTS AND INQUIRIES

9.1. As a Consumer, you are entitled to submit complaints and inquiries in writing via email to: info@gripstone-shop.sk

9.2. You will be informed about the assessment of your complaint or inquiry by email sent to your address.

9.3. The supervisory authority is primarily the Slovak Trade Inspection (SOI), SOI Inspectorate for the Nitra Region, Staničná 9, P. O. BOX 49A, 950 50 Nitra 1, phone number: 037/772 02 16.

9.4. If you are not satisfied with how your complaint or inquiry has been handled, you may also submit a request for an inspection electronically via the platform available at: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.

10. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS

10.1. You have the right to contact us with a request for remediation by email sent to: info@gripstone-shop.sk if you are dissatisfied with the way we handled your complaint, or if you believe that we have violated your rights. If we respond to your request with a denial or fail to respond within 30 days from submission, you have the right to submit a proposal for the initiation of alternative dispute resolution with an ADR entity (“Entity”) according to Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and Amending Certain Acts, as amended (the "Alternative Dispute Resolution Act").

10.2. The Entities are authorities and authorized legal entities according to § 3 of the Alternative Dispute Resolution Act, and their list is published on the website of the Ministry of Economy of the Slovak Republic: https://www.mhsr.sk/obchod/ochrana-spotrebiteľa/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

10.3. The proposal can be submitted in the manner prescribed in § 12 of the Alternative Dispute Resolution Act.

10.4. You also have the right to start out-of-court dispute resolution online through the ODR platform available on the website: https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

11. FINAL PROVISIONS

11.1. All written correspondence will be delivered to you electronically. Our email address is provided in our identification details. We will send correspondence to your email address specified in the Contract, in the User Account, or through which you contacted us.

11.2. The contract can only be amended based on our written agreement. However, we are authorized to modify and supplement these Terms, but such modification will not affect contracts already concluded, only those that will be concluded after the effectiveness of this modification.

11.3. In case of force majeure or events that cannot be predicted (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not liable for damages caused by or related to such cases of force majeure or unforeseen events. If this condition lasts for more than 10 days, both we and you have the right to withdraw from the contract in writing.

11.4. An inseparable annex to the Terms is the sample complaint form (Annex No. 1) and the sample form for withdrawal from the Contract along with the instructions (Annex No. 2).

11.5. The contract, including the Terms, is archived electronically by us, but it is not accessible to you. However, you will always receive these Terms and the order confirmation along with the summary of the order via email, so you will always have access to the contract without our cooperation. We recommend always saving the order confirmation and Terms.

11.6. No codes of conduct according to § 2 letter I) of the Consumer Protection Act apply to our activities.

11.7. These Terms become effective on June 27, 2024.

Annex No. 1 - Complaint Form

Recipient: Gripstone, s.r.o, Hanulova 45, Nitra 949 01, IČO: 35 962 895

Complaint Submission

Filled by Consumer:

Name and Surname:

Residential Address:

Filled by Entrepreneur – Natural Person:

Business Name:

Residential Address / Registered Office:

Company ID / Registration

Filled by Entrepreneur – Legal Entity:

Business Name:

Registered Office of Legal Entity:

Company ID / Trade Register Entry:

Name and Surname of the Person Acting on Behalf of the Entrepreneur – Legal Entity/Position:

Email Address:

Order and Invoice Number:

Order Date:

Date of Receipt of Goods:

Product Being Complained About (Name and Code):

Description and Extent of Defects in the Product:

How the consumer wants the complaint to be handled:

I would like the refund to be made to my bank account (IBAN)/other method

Attachments:

Date:

Signature:

Annex No. 2 - Form for Withdrawal from the Contract

Recipient: Gripstone, s.r.o, Hanulova 45, Nitra 949 01, IČO: 35 962 895

I hereby declare that in accordance with Act No. 108/2024 Coll. on Consumer Protection for Distance Selling of Goods or Services and on Changes and Additions to Certain Acts, I am withdrawing from the Contract:

Title, First Name, Last Name:

Address: