TERMS AND CONDITIONS

These Terms and Conditions establish relations between the seller and the buyer in the sale of goods and services on the website www.enemiq.com between the company Enemiq s.r.o. (hereinafter "seller") and its business partners (hereinafter "buyer").

1. General provisions
2. Method of concluding the purchase contract (order)
3. Rights and obligations of the seller
4. Rights and obligations of the buyer
5. Delivery of goods
6. Prices and method of payment
7. Withdrawal from the purchase contract, return of goods
8. Exchange of goods
9. Complaints
10. Protection of personal data
11. Alternative dispute resolution
12. Final provisions

1. General provisions 

1. These terms and conditions have been prepared in accordance with the Civil Code, as well as to the related regulations. 
2. These terms and conditions govern the rights and obligations of the parties arising from the purchase agreement concluded between the seller, which is Enemiq s.r.o, with its registered office at Borčice 237, ID number: 54 390 516, registered in the Commercial Register maintained by the Trenčín District Court, Section: S.r.o, File No .: 43116 / R, VAT No .: 2121650751 (hereinafter referred to as the "seller") and the buyer, the subject of which is the purchase and sale of goods on the website of the seller's e-shop.
3. The parties agree that by sending the order to the seller, the buyer confirms his agreement that these terms and conditions will apply to any purchase contract concluded through the seller's website, under which the seller delivers the goods presented on the website to the buyer (hereinafter "purchase contract") and to all relations between the seller and the buyer arising from the conclusion of the purchase contract.
4. These general terms and conditions are an integral part of the purchase agreement.
5. The list of goods on the e-commerce website operated by the seller is a catalog of commonly delivered goods and the seller does not guarantee the immediate availability of all listed goods. The availability of goods is marked for each product in the item "Availability" and will be confirmed for the buyer based on the buyer's question.
6. The seller is bound to the buyer by his offer of goods presented on the seller's website, including the price, within 24 hours of sending the notification of receipt of the order to the buyer.

2. Method of concluding the purchase contract (order)

1. The contact is concluded once the buyer places an order, which is then received and acknowledged by the seller. 
2. The reception of the order is immediately confirmed by the seller marked as "Order Confirmation" via e-mail sent to the buyer’s e-mail address, which the buyer had provided. The newly concluded contract (including the agreed upon price) can only be changed or cancelled based on an agreement of both Parties, or on legal reasons.
3. The order confirmation by the seller contains the following information: name and price of the goods, price of transport, address of the place of delivery of the goods together with the name of the contact person, conditions and method of transport.

3. Rights and obligations of the seller

1. The seller is obliged to: deliver on the basis of the order confirmed by the seller to the buyer the goods in the agreed quantity, quality, time and pack it in the manner necessary to protect it during transport, ensure that the delivered goods comply with applicable legislation
2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.

4. Rights and obligations of the buyer

1. The buyer is obliged to: take over the purchased or ordered goods, pay the seller the agreed purchase price within the agreed due date, including delivery costs, confirm the receipt of the goods in the delivery note with his signature or the person authorized by him, do not damage the good business name of the seller.
2. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the parties in the order confirmation.

5. Delivery of goods

1. The ordered goods will be delivered to you within 1-3 working days, if we have the goods in stock and you choose the delivery by courier. 
2. The seller is obliged to fulfill the buyer's order and deliver the goods to the buyer.
3. The buyer is obliged to take over the goods at the place specified in the buyer's order confirmation by the seller. In the event that the delivery of the goods is delayed by the seller, the seller is entitled to unilaterally extend the deadline for delivery of the goods, even repeatedly, of which the seller will issue a confirmation to the buyer. If the buyer does not take over the ordered goods within 14 days from the day when it was available to the buyer, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party. After selling the goods to a third party, the seller will return to the buyer any payment paid.
4. The buyer is obliged to check the condition of the shipment immediately upon delivery (number of packages, integrity of the tape with the company logo, damage to the box) according to the enclosed consignment note. If the damage to the shipment is found, the buyer is obliged to make a record with the carrier's representative on the extent and nature of the damage. On the basis of such a record, the buyer may subsequently (a) refuse to take over the delivered goods that are not in accordance with the purchase contract, (b) refuse to take over the defective goods or (c) confirm the delivery of defective goods and then file a claim for defects with the seller. If the buyer finds damage or other irregularities only after taking the shipment over, they are obliged to contact the seller immediately. If they fail to do so, they shall be granted claims for defects only if they prove that the goods already had these defects at the time of the delivery. 
5. Incomplete or damaged shipment must be reported immediately by e-mail to info@enemiq.com. A damage report must be elaborated immediately together with the carrier and sent without undue delay by e-mail to the seller. Late claims of incompleteness or external damage to the shipment don´t deprive the buyer of the right to claim compensation, but they do provide the seller with the opportunity to prove that no breach of the Purchase Contract took place.
6. The buyer is entitled to withdraw from the confirmed order in the event of non-delivery of the goods by the seller within 5 working days from the confirmed delivery date. If the buyer has paid for the goods in advance, the seller will return the amount paid by wire transfer to the buyer's account designated by the buyer, within 14 working days of delivery of the written withdrawal from the contract.

6. Prices and method of payment

1. The prices of the goods are stated in Euros, including all related taxes and fees.
2. The buyer has a choice between the following methods of payment: - online payment card through a secure payment gateway Shoptet Pay  or bank transfer
3. If the seller doesn´t receive payment on the account, it is automatically canceled. The buyer's order will be processed immediately after the purchase amount for the goods has been credited to the seller's account.
4. The seller reserves the right to change the prices of goods in the store, introduce new goods for sale, declare and cancel discount shares or change these shares, while such changes do not affect the rights of the buyer arising from the order or contract.

7. Withdrawal from the purchase contract, return of goods

1. The seller is entitled to withdraw from the confirmed order if the goods are no longer produced or delivered, or if the price has changed significantly from the supplier of the goods. The seller immediately informs the buyer of this fact and returns the purchase price already paid for the goods, agreed in the confirmed order.
2. The buyer is entitled to withdraw from the confirmed order without giving a reason, at any time before the shipment is sent by e-mail. If the buyer has paid for the goods in advance, the seller will return the paid purchase price to him by wire transfer to the buyer's account designated by the buyer, within 5 working days of delivery of the withdrawal from the contract.
3. The buyer is entitled to withdraw from the purchase contract without giving a reason within 90 days of receipt of the goods.
4. If the Buyer decides to withdraw from the Purchase Contract within the given time limit, it is recommended that the goods to be returned be delivered to the address of the seller as soon as possible, together with an accompanying RETURN/EXCHANGE FORM, the identification number of the purchase document, and the number of bank account in order to speed up the process of withdrawal.

The product has to be returned in full, with complete documentation, tags, undamaged, clean, if possible packed in the original packaging, in the same state and value in which it has been received. The buyer takes the responsibility for any decrease in the quality of the product caused by mistreatment of the product, or its use beyond the scope of determining the properties and verifying the proper functioning of the product. 

The buyer takes note that by withdrawing from the contract they are responsible for covering the costs of returning the goods to the seller.

The buyer takes note that if the purchased goods come with gifts, the deed of donation between the buyer and the seller is only valid for as long as the buyer does not withdraw from the Purchase Contact, in which case the Deed of Donation becomes void and the buyer is obliged to return the gifts that came with the purchased goods intended for return. In case the gifts are not returned together with the returning purchased goods, the value of these gifts will be considered an unjust enrichment of the buyer. 

We will process the returned goods and send the money to the account as soon as possible, but no later than within 14 days from delivery of goods.

If you want to return the package, send it to:

Enemiq s.r.o.

M.R. Štefanika 1939/7

914 51 Trencianke Teplice

Slovakia

Personal return at this address is not possible. Send the shipment within 90 days of receiving the goods. Do not send the package cash on delivery. Such shipment will not be accepted. Download the RETURN/EXCHANGE FORM.

8. Exchange of goods

If the size does not suit you and you want to exchange it, you can return the goods and we will send you another size if it is still in stock.

How to proceed with the exchange:

Make sure on our website whether we have the given size of the ordered goods for exchange in stock. 

In case of replacement, the goods must not show signs of wear, they must be in the original packaging with all labels from the manufacturer. 

Fill in the goods RETURN/EXCHANGE FORM, which you can download here and add to the package together with the goods. 

If you want to return the package, send it to:

Enemiq s.r.o.

M.R. Štefanika 1939/7

914 51 Trencianke Teplice

Slovakia

Personal return at this address is not possible. Send the shipment within 90 days of receiving the goods. Do not send the package cash on delivery. Such shipment will not be accepted. Download the goods RETURN/EXCHANGE FORM.

9. Warranty Conditions

The Warranty Conditions are established within the RETURN/EXCHANGE FORM of the Seller and the valid legal regulations of the Slovak Republic. The purchase document serves as a guarantee certificate.

Basic legal regulation

Act no. 250/2007 Coll. On consumer protection, as amended

Act no. 40/1964 Coll. Civil Code

Terms of complaint

- complaint means the application of liability for product defects (hereinafter "goods"), when making a complaint, the buyer is obliged to deliver the claimed goods to the seller's address, only goods purchased from the seller and fully paid can be claimed.

- the buyer is obliged to make a complaint without undue delay after finding a defect in the goods, the buyer is not entitled to continue to use the goods on which he found a defect. Any further use of the goods may cause the defect to deepen, devalue and may be a reason to reject the complaint.

- in order to accept the goods for complaint and start the complaint procedure, the buyer is obliged to submit to the seller:

• the original proof of purchase of goods, which is also a warranty,
• the claimed goods, which must be complete, properly cleaned so that The seller is entitled to refuse to take over the goods for the complaint procedure, which will not meet the principles of general hygiene.
• fill in the WARRANTY CLAIM FORM, which you can download here and add to the package together with the goods. 
• send the goods to the address: 

Enemiq s.r.o.

M.R. Štefanika 1939/7

914 51 Trencianke Teplice

Slovakia

Warranty period

The warranty period of the goods is 24 months and begins on the day the goods are handed over to the buyer. After the expiration of the warranty period, the right to make a complaint expires.

The seller is also not responsible for the defect of the goods, which notified the buyer and due to which the seller was provided with a discount on the purchase price.

The warranty covers:

- manufacturing defects of the goods, defects of the material from which the goods are made and which occur during the warranty period, while maintaining the purpose of the goods, the recommended method of use, care and maintenance of the goods.

The warranty does not cover in particular:

- visual and functional changes to the goods and their components originating in normal wear and tear, or resulting from the characteristics of the goods or the material from which the goods are made,

- wear and tear due to non-compliance

- mechanical damage (sharp objects etc.),

- damage to goods due to oils, diesel, petrol, perfumes, make-up, other decorative cosmetics and other aggressive substances.

Method of deciding on the complaint

- the seller will confirm the receipt of the claimed goods and the initiation of the complaint procedure by sending an e-mail to the e-mail address specified in the warranty claim form. The employee in charge of handling complaints is obliged to handle complaints immediately, in difficult cases within three working days of receiving the claimed goods. This period does not include the time required for a professional assessment of the defect, e.g. elaboration of an expert opinion. However, the settlement of the complaint may not take longer than 30 days. The seller is obliged, if he does not accept the complaint within three working days, to send the goods at his own expense for professional assessment.

- the seller is obliged to send the buyer a confirmation of the complaint (complaint card) via e-mail, ie. that the sold goods complained about and the method of its equipment, even if it does not comply with the complaint in its entirety.

Complaint handling

- termination of the complaint procedure:

• delivery or dispatch of repaired goods, exchange of goods, if the seller does not incur disproportionate costs due to the purchase price or severity of defects,
• return of the purchase price,
• payment of a reasonable discount on the purchase price 
• justified rejection of the claim.

The above methods of handling the complaint depend on the nature of the claimed defect (defect remediable, irremediable) and the relevant provisions of the Civil Code.

If it is a defect that cannot be removed and which prevents the goods from being properly used as goods without defects, the buyer has the right to exchange the goods or withdraw from the purchase contract.

The buyer has the same rights if it is a recurrence of defects or a large number of defects for which the buyer can not properly use the item (multiple defects - at least 3 defects, recurrence of defects - the occurrence of the same defect after at least two previous repairs within complaints).

The buyer is obliged to take over the claimed goods within the agreed period, no later than within one month from the expiration of the time when the handling of the complaint was notified to him. The seller informs the buyer about the handling of the complaint by e-mail, which the buyer stated in the WARRANTY CLAIM FORM.

10. Protection of personal data

By concluding the Contract and / or registering a user account, the buyer grants the seller consent to Enemiq, sro, with its registered office at Borčice 237, ID number: 54 390 516, registered in the Commercial Register kept by the Trenčín District Court, Section: Sro, File no .: 43116 / R, VAT number: 2121650751 for the processing of personal data under the following conditions.

Personal data will be processed to the following extent:

a) name and surname,

b) address of residence,

c) address for delivery,

d) telephone number,

e) e-mail address,

f) gender,

g) bank account number,

h) history of the buyer in the Store.

The above personal data will be processed for the following purposes: offering trade and services, marketing and advertising activities, maintaining a user account and creating databases of clients (customers), as well as fulfillment of concluded purchase contracts, including shipping, invoicing, related communication, or sending business announcements (newsletters), all in connection with the operation of the Store (internet e-shop). 

Personal data is stored in a secure database. The Seller undertakes to take the necessary technical and organizational measures in order to protect the processed personal data. Personal data are processed manually (by our own employees and processors) and automatically (by our own employees and processors). 

The seller undertakes to process all personal data of the buyer, which he obtained during his order, in accordance with Act no. 18/2018 Coll., On the protection of personal data and on the amendment of certain laws, as amended, and will use this personal data only for its internal needs in connection with the fulfillment of its obligations under the contract and the evaluation of operation, function and economic results of the website, except in cases where the provision of personal data of the buyer is required by law, the decision of the competent state administration body or the buyer gives him consent to the sending of commercial announcements (including newsletters). 

Consent to the processing of personal data is granted for an indefinite period. The buyer is entitled to revoke the consent to the processing of personal data at any time by notification sent electronically to the seller's e-mail address or in writing to the seller's address. 

The buyer has the right to supplement, update, correct personal data, temporarily or permanently withdraw consent to their processing or request their removal if they are incomplete, out of date, untrue or have been obtained in violation of law or are no longer necessary for the purpose for which they were obtained. The buyer also has the right to refuse to process personal data for marketing purposes or to send business announcements (including newsletters). 

The Buyer confirms that the personal data provided is complete and correct and that he has been informed that this is a voluntary provision of personal data, with some personal data being necessary for the implementation of the Contract concluded with the Buyer. 

11. Alternative Dispute Resolution

The consumer has the right to seek redress from the seller if he is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights. If the seller responds to this request in the negative or does not respond within 30 days of its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution of the ADR entity (hereinafter referred to as ADR entity) under Act 391/2015 Coll. legal entities pursuant to §3 of Act 391/2015 Coll., the consumer may submit a proposal in the manner specified pursuant to §12 of Act 391/2015 Coll. employment or occupation. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising out of or in connection with a consumer contract. 

The link to Alternative Dispute Resolution platform, where the Consumer can apply for an Alternative Dispute Resolution can be found here. 

The bodies for alternative dispute resolution are by law the Regulatory Office for Network Industries, the Regulatory Authority for Electronic Communications and Postal Services and the Slovak Trade Inspection. Additionally, the Slovak Trade Inspection authority is in the position of the so-called residual entity, which means that it is entitled to settle disputes for which the competence of other bodies is not determined, apart from disputes arising from contracts for the provision of financial services.

 In the case of a cross-border dispute, the consumer has the right to contact the European Consumer Centre, which will provide him with a delivery address, an e-mail address or a telephone contact to the ADR body responsible for resolving his dispute.    

List of bodies for alternative resolution of consumer disputes: Slovak Trade Inspection, Regulatory Office for Network Industries, Regulatory Authority for Electronic Communications and Postal Services, Consumer Protection Society (S.O.S), Banking Ombudsman of the Slovak Banking Association. List of bodies for alternative resolution of consumer disputes can be found on the website of the Ministry of Economy of the Slovak Republic: http: //www.mhsr.sk

Reference to the alternative dispute resolution platform through which the consumer can apply for ADR : 

http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi

12. Final provisions 

The Seller reserves the right to change these General Terms and Conditions. The obligation to notify the change in these General Terms and Conditions in writing is fulfilled by placing it on the seller's e-commerce website.

The parties have agreed that communication between them will take place privately in the form of e-mails.

Legal relations between the seller and the buyer not expressly regulated by these General Terms and Conditions are governed by the relevant provisions of Act no. 22/2004 Coll. On electronic commerce, Civil Code, Act no. 250/2007 Coll. On consumer protection and Act no. 108/2000 Coll. On consumer protection in mail order sales, as amended, as well as related regulations.

These general terms and conditions take effect against the buyer by concluding a purchase contract.

By sending the order, the buyer confirms that he has read these general terms and conditions, or the terms and conditions of the seller and the seller's complaint procedure.

In Bratislava, 03.02.2022