1. These Terms and Conditions regulate the rights and obligations of the Buyer and the Operator in the execution of Orders and the conclusion of Purchase Contracts through the Online Store.
2. The Operator of the Internet Shop is CarnoMed, s.r.o. Partizánska 2 811 03 Bratislava (hereinafter also referred to as "CarnoMed")
3. For the purposes of these Terms and Conditions, the Internet shop is understood to be the Internet shop operated by CarnoMed on the website www.carnomed.sk, i.e. the purchase and sale of Goods to third parties via the website www.carnomed.sk.
4. For the purposes of these Terms and Conditions and the Online Shop, the Buyer shall be deemed to be any natural or legal person who, through CarnoMed's Online Shop , orders or purchases Goods offered and sold by CarnoMed.
5. For the purposes of these Terms and Conditions and the Online Shop, an Order means a binding order by which the Buyer, through the Order Form in the Online Shop, expresses an interest in purchasing the Goods offered and sold by CarnoMed by submitting the Order Form to CarnoMed via the Online Shop.
6. For the purposes of these Terms and Conditions, acceptance of an Order means the sending of a confirmation e-mail to the Buyer's e-mail address specified in the Order, by which CarnoMed confirms that the Buyer's Order has been received by CarnoMed and registered in its electronic system.
7. For the purposes of these Terms and Conditions, acceptance of an Order means the sending of a confirmation email to the Buyer's email address set out in the Order, by which CarnoMed confirms to the Buyer that its Order has been accepted by CarnoMed.
8. For the purposes of these Terms and Conditions and the Online Shop, Goods means any product, article or thing offered by CarnoMed for sale through the Online Shop.
9. For the purposes of these Terms and Conditions and the Online Shop, an Order Form means an electronic form delivered to CarnoMed via the electronic system in the Online Shop, which contains in particular the Buyer's identification and contact details or billing details, the designation of the Goods ordered, the purchase price of the Goods including VAT, the place of delivery or collection of the Goods, the method of delivery of the Goods, the cost of delivery of the Goods, the Buyer's acceptance of these Terms and Conditions and the Buyer's consent to the processing of the Buyer's personal data by CarnoMed.
10. For the purposes of these Terms and Conditions and the Online Shop, delivery costs shall mean the costs of transport/delivery of the Goods from CarnoMed's warehouse to the place of delivery of the Goods specified by the Buyer in the Order.
11. All relations arising within the scope of the Online Shop between CarnoMed and the Buyer are governed by the law of the Slovak Republic, in particular Act No. 40/1964 Coll., the Civil Code, the Consumer Protection Act No. 114/2007 Coll., the Act on Consumer Protection in Distance Selling No. 102/2014 Coll. If the Buyer is an entrepreneur, the relations between CarnoMed and the Buyer are governed by Act No. 513/1991 Coll., the Commercial Code.
12. The Purchaser and CarnoMed are interested in resolving all their disputes arising under or in connection with the Purchase Contract preferably out of court and therefore, pursuant to Act No. 244/2002 Coll. (hereinafter referred to as the "Act"), they agree that, except for those disputes where the Act expressly excludes it, they shall submit all disputes arising or to arise between them under or in connection with the Purchase Contract, as well as disputes of the following nature
(i) as to the validity, duration and interpretation of the Purchase Agreement and the legal acts of Buyer or CarnoMed,
(ii) for damages and the delivery of unjust enrichment,
(iii) other claims of CarnoMed or the Buyer arising during the term of the Purchase Agreement, in particular claims directly related to the Purchase Agreement
(iv) from relationships related or indirectly related to the Purchase Contract or securing the Purchase Contract (e.g. liability), to the Commercial Court - Permanent Court of Arbitration, established by the company Obchodný súd s.r.o., ID No. 36 858 102 (hereinafter referred to as "OS") for decision. If a natural person who is considered a consumer by a special regulation is a party to the Contract, he/she is entitled, to the extent determined by law, to bring an action not only before the OS but also before a general court. CarnoMed and the Buyer declare that they submit to the decision of the OS without reservation. CarnoMed and the Purchaser, unless prohibited by law for a particular case, hereby exclude the bringing of an action pursuant to section 40(1)(h) of the CCC (grounds for reopening proceedings) and agree that the CA shall proceed as follows:
(i) under Slovak law,
(ii) according to the principles of equity, unless precluded by law,
(iii) according to the Rules of Procedure and the Statute of the OS, published in the Commercial Gazette at the time of the commencement of the proceedings,
(iv) the arbitrator (panel) shall be appointed by the OS.
1. Each Order of the Buyer shall be binding on the Buyer.
2. The Buyer's Order is binding on CarnoMed only if:
a. CarnoMed confirms Acceptance of the Order and at the same time Acceptance of the Order , and
b. The Buyer pays the full purchase price for the Goods ordered, including Delivery Charges, unless otherwise agreed.
3. Upon fulfilment of all the conditions set out in the preceding clause 2 of this Article, a contract of sale shall be concluded between CarnoMed and the Buyer (hereinafter also referred to as the "Purchase Contract"). If the Buyer fails to pay the full Purchase Price including Delivery Costs within 7 working days from the date of Order Acceptance, unless a cash on delivery payment method has been agreed, CarnoMed shall be entitled to withdraw from the Purchase Contract at any time.
4. The Order shall lose any legal effect if CarnoMed, after receiving it, informs the Buyer in any form that it rejects the Buyer's Order or informs the Buyer in any form that it cannot comply with the Buyer's Order. CarnoMed shall not be obliged to give reasons for refusing or not complying with the Order. The Order shall also lose any legal effect if CarnoMed fails to confirm the Acceptance of the Order and at the same time the Acceptance of the Order in accordance with clause 2(a) of this article within a period of 3 working days. The Buyer shall have no legal right to confirmation of Order Acceptance and/or Order Acceptance by CarnoMed.
5. Before shopping in the Shop, it is necessary to register. When registering and shopping, you must provide the following information about you:
This data is stored in a protected database so that you do not have to re-enter it each time you visit. This data is also necessary for our accounting and billing system. You can change your data and other settings at any time via email or by logging into the login section. If you wish to cancel your registration, please ask us to do so by email. Your account will be deactivated.
1. The purchase price for the ordered Goods is indicated in the CarnoMed Online Shop , in the Order Form as well as in the Order Acceptance. In the event that the purchase price differs in the aforementioned sources, the Purchaser shall be bound by the purchase price stated in the Order Acceptance. In the event that the purchase price is increased to the detriment of the Buyer in the manner set out above, the Buyer shall have the right to cancel the Order. However, the Buyer does not have the right to cancel the Order if the (binding) purchase price has already been paid by the Buyer; in this case, the Buyer does not have the right to withdraw from the Purchase Contract.
2. The delivery costs are specified in the Order Form, the Order Acceptance as well as in the Order Acceptance. In the event that the Delivery Costs differ in the aforementioned sources, the preceding clause 1 of this Article shall apply accordingly.
3. The Purchase Price does not include the Delivery Costs of the ordered Goods.
4. The Purchase Price and Delivery Costs of the Goods shall be paid by wire transfer to CarnoMed's bank account specified in the Order Acceptance, or you may use CARD PAY, a chargeable cash on delivery service, whereby the Purchase Price and Delivery Costs shall be deemed to be paid only upon credit of the entire Purchase Price and Delivery Costs to CarnoMed's bank account, unless otherwise agreed.
5. When paying the Purchase Price according to the previous clause 4 of this article, the Buyer is obliged to indicate the correct variable symbol, which is indicated in the Order Acceptance. The Buyer acknowledges that in the event that the Buyer provides an incorrect variable symbol or does not provide any variable symbol, the electronic system may not assign the credited payment to his Order. In this case, CarnoMed shall not be liable for any delay in delivery (or non-delivery) of the ordered Goods. In the event that an incorrect variable symbol is provided or no variable symbol is provided, CarnoMed shall have the right to withdraw from the Purchase Agreement and shall not be liable for any third party damages or any other third party claims.
6. In the event that the Buyer indicates in the Order Form as the method of delivery and place of delivery/acceptance of the Goods its personal collection at CarnoMed's registered office, the Buyer shall not be obliged to pay CarnoMed any Delivery Costs.
7. Upon acceptance of the ordered Goods by the Buyer, the Buyer becomes the owner of the ordered Goods, at the same time the liability for the risk of damage to the Goods is transferred to the Buyer.
8. CarnoMed may grant the Buyer a discount on the purchase price, but the Buyer is only entitled to such a discount if the Buyer fulfils the conditions which are or may be determined exclusively by CarnoMed.
1. CarnoMed is not obliged to deliver the ordered Goods before the conclusion of the Purchase Contract, i.e. CarnoMed is obliged to deliver the ordered Goods to the Buyer only when all the conditions set out in Clause 2 of Article II of these Terms and Conditions have been fulfilled. CarnoMed is obliged to deliver the ordered Goods to the Buyer's place of delivery within the territory of the Slovak Republic either by Slovak post, courier service (hereinafter also referred to as the "Deliverer") , or by personal delivery to the Buyer at the registered office of CarnoMed, depending on which of the aforementioned delivery methods the Buyer has specified, and worldwide only by Slovak post, depending on which of the aforementioned delivery methods the Buyer has specified in the Order Form.
2. If the Goods are delivered by courier service, the delivery time of the Goods is 1-4 working days. If the Goods are collected in person at CarnoMed's registered office, the Goods will be ready for collection during opening hours on the day of Order Acceptance and upon payment of the purchase price. CarnoMed does not guarantee the delivery times of the Goods set out in this clause. The Buyer acknowledges that the delivery times of the Goods set out in this clause apply only if the place of delivery of the Goods is located in the Slovak Republic.
3. The registered office of CarnoMed , where personal collection of the Goods is possible, is located at Partizánska 2, 811 03 Bratislava.
4. The place of delivery of the Goods shall be the address specified by the Buyer in the Order Form as the address where the Goods ordered by CarnoMed are to be delivered to the Buyer.
5. CarnoMed delivers the Goods within the territory of the Slovak Republic and worldwide. If the Buyer wishes the Goods to be delivered outside the territory of the Slovak Republic, CarnoMed reserves the right to modify the terms and conditions of such Order (in particular the Delivery Costs, the method and time limits for delivery of the Goods) accordingly, however, no later than in the Order Acceptance. In such case, CarnoMed will, upon receipt of the Buyer's Order and prior to Order Acceptance, generally contact the Buyer, if necessary.
6. CarnoMed's obligation to deliver the Goods to the Buyer shall be fulfilled by handing over the ordered Goods to the Buyer or to another person authorised to take delivery of the Goods.
7. The Buyer is obliged to confirm delivery of the Goods to the Deliverer in writing. The Buyer shall receive a receipt together with the ordered Goods.
8. In the event that the Buyer was to collect the Goods in person at CarnoMed's registered office pursuant to the Purchase Order and the Buyer fails to collect the Goods within 21 days from the date of payment of the full Purchase Price or the date of Acceptance of the Purchase Order, CarnoMed shall be entitled to withdraw from the Purchase Contract at any time. CarnoMed shall refund the purchase price paid to the Buyer.
9. In the event that the Buyer fails (for any reason) or refuses to accept the ordered Goods delivered by Slovak mail or courier service, the Goods shall be returned to CarnoMed, whereupon CarnoMed shall be entitled to withdraw from the Purchase Contract at any time. In the event of withdrawal from the Purchase Contract pursuant to the preceding sentence, CarnoMed shall be entitled to claim from the Buyer reimbursement of the costs associated with the return of the Goods and the delivery of the Goods to the extent justified, which amount shall be recoverable either from the purchase price of the Goods already paid, with the remainder of the purchase price being refunded by CarnoMed to the Buyer. In the event that the Buyer has not paid the Purchase Price in advance, CarnoMed shall be entitled to claim the costs of delivery and return of the Goods out of court and/or through legal proceedings. The Buyer shall not be entitled to reimbursement of the Delivery Costs in this case.
1. Liability for defects in the ordered Goods and the method of complaint handling shall be governed by the Complaints Procedure of the CarnoMed Internet Shop.
1. The Buyer may cancel the Order as follows:
2. An order according to the previous sentence cannot be cancelled if a Purchase Contract has already been concluded within the meaning of clauses 2 and 3 of Article II of these Terms and Conditions. In such a case, the contract may be cancelled in accordance with the provisions of this Article.
3. If these Terms and Conditions allow the Buyer to cancel the Order, the Buyer may cancel the Order by sending an e-mail to info@carnomed.sk, or by telephone at +421 914 336 337 , where the Buyer shall indicate in a comprehensible manner the fact that he/she is cancelling the Order, the reason for cancelling the Order, his/her name, the characteristics of the Goods ordered, as well as the Order number (Order ID) if the Buyer has received an Order Confirmation with the indication of the Order number (Order ID).
4. In the event of cancellation of an Order pursuant to the preceding clause, CarnoMed shall not charge the Buyer any fines, penalties or reimbursement of costs incurred in connection with the Order.
5. The Buyer is entitled to withdraw from the Purchase Agreement within 14 days from the date of receipt of the delivered Goods, even without giving any reason.
6. In the withdrawal from the Purchase Contract, the Buyer is obliged to indicate in particular his name, the Order number (Order ID) and the characteristics of the Goods ordered. To maintain legal certainty, the Buyer is advised to withdraw from the Contract in writing by letter delivered to the address of CarnoMed's registered office together with the returned Goods and also by email to info@carnomed.sk.
7. In order for the Buyer's withdrawal from the Purchase Contract under this clause to be effective, the withdrawal from the Purchase Contract must be received by CarnoMed on the 14th day of the deadline (not just sent for postal delivery).
8. Together with the withdrawal from the Purchase Contract, the Buyer is obliged to return the ordered Goods to CarnoMed at the address CarnoMed s.r.o., Partizánska 2, 811 03 Bratislava. . CarnoMed recommends sending this as a package by registered mail. A copy of the invoice that was sent with the Goods should be enclosed in the package.
9. In the event of withdrawal from the Purchase Contract by the Buyer, the Ordered Goods must be returned to CarnoMed undamaged, unused and in their original packaging. Otherwise, CarnoMed shall be entitled to monetary compensation in the amount corresponding to the degree of damage or use of the returned Goods or their packaging. CarnoMed shall be entitled to satisfy its right to monetary compensation from the purchase price which it is obliged to refund to the Buyer in the event of withdrawal from the Purchase Agreement. In such case, CarnoMed's claim for monetary compensation shall be extinguished by set-off against the Buyer's claim for reimbursement of the purchase price.
10. Withdrawal from the Purchase Contract cancels the Purchase Contract from the beginning. In this case, CarnoMed shall be obliged to:
a. take back the Ordered Goods from the Buyer , and
b. refund the Purchase Price paid for the Ordered Goods to the Buyer no later than 14 days after the date of withdrawal from the Purchase Contract, by wire transfer to the Buyer's bank account, unless otherwise agreed between the Buyer and CarnoMed; clause 9 of this Article is without prejudice to the foregoing.
11. CarnoMed reserves the right to withhold the refund of the purchase price for the Goods until they have been returned to CarnoMed by the Buyer.
12. If the delivered Goods did not meet the quality requirements or were defective, CarnoMed is also obliged to reimburse the Buyer for the costs incurred by the Buyer in connection with ordering the Goods.
13. The Buyer may address its claims, complaints or suggestions related to the services provided by CarnoMed to CarnoMed in writing to CarnoMed s.r.o., Partizánska 2, 811 03 Bratislava, or by e-mail to the e-mail address info@carnomed.sk.
14. CarnoMed is entitled to withdraw from the Purchase Contract for the reasons stated in these Terms and Conditions as well as for the reason that the ordered Goods cannot be delivered due to the fact that they have been sold out, are out of production or it is not in CarnoMed's possibilities to procure them in any way, as well as if the purchase price of the ordered Goods has changed significantly or if the ordered Goods have been withdrawn from circulation based on a decision of the competent state authority. CarnoMed's withdrawal from the Purchase Contract pursuant to this Agreement shall be effective on the date of delivery of the withdrawal from the Purchase Contract to the Buyer. CarnoMed may also withdraw from the Purchase Contract by electronic mail (e-mail) delivered to the Buyer at the Buyer's e-mail address specified in the Purchase Order.