General Terms and Conditions

Article I.

Definition of Terms

1. The operator of the online store is:
   BIOMIN, a.s.
   Potočná 1/1
   919 43 Cífer
   Company ID: 00681725
   Tel.: +421 33 55 99 661
   Fax: +421 33 55 99 274
   Email: eshop@biomin.sk
2. The seller is BIOMIN, a.s., Potočná 1/1, 919 43 Cífer.
3. The supplier of goods and services offered in the e-shop www.biomin.sk is BIOMIN, a.s., Potočná 1/1, 919 43 Cífer.
4. The buyer is any visitor of the e-shop who has created a binding order through the e-shop. For the purposes of the law, especially Act No. 102/2014 Coll., a consumer is understood to be a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business activity, employment, or profession.
5. The e-shop is a computer system located on the Internet with public access that enables the ordering of goods and services remotely via an electronic device.
6. Goods or services are all products published on the e-shop pages that can be ordered (they have a listed price and it is not zero).
7. The buyer fully acknowledges electronic communication, especially via the e-shop, email communication, and telephone communication, provided it is clear that the seller is communicating with the buyer or an authorized person.
8. The relationship between the seller and the buyer, which did not arise through electronic devices remotely, and does not concern the relationship between an information society service provider and a recipient, shall be governed by these general terms and conditions only to the extent necessary in accordance with legal regulations and logical order, unless agreed otherwise between them.

Article II.

Price

1. All prices listed for goods and services are final, including 19% VAT.
2. The seller is bound by the price indicated on the e-shop page at the time of purchase.

Article III.

Order

1. An order is created by confirming the ordering process in the e-shop by the buyer, selecting goods or services, completing the order form in full, and sending it to the seller. To properly process the order, it is necessary to fill in the required data and choose delivery and payment methods for the ordered goods or services.
2. By sending the order, the buyer agrees with the price of the ordered goods and services. The order becomes binding upon sending and represents a proposal to conclude a purchase contract with the seller.
3. After submitting the order, the buyer automatically receives an information email confirming that the order has been received by the e-shop for processing. This email is not an order confirmation as defined in paragraph 4 of this article.
4. If the buyer chooses payment by bank transfer or another payment method requiring advance payment before delivery, the buyer must make the payment within the period set by the supplier. If the payment is not credited to the supplier’s account within this period, the order will be canceled for failure to pay in advance.
5. The purchase contract is concluded upon confirmation of the order by the seller. It can be modified or supplemented only by mutual agreement unless otherwise provided by law. The confirmation is sent electronically to the buyer’s email address or via SMS to the phone number provided in the order, stating the extent of the seller’s acceptance. Any electronic message from the seller that does not confirm or clearly rejects the order constitutes a refusal of the buyer’s order.
6. If the seller cannot fulfill the order or part of it within the processing time despite maximum effort—for example, because the goods are no longer manufactured, unavailable from the manufacturer or supplier, the manufacturer made significant changes preventing fulfillment, or due to force majeure—the seller may cancel the order and will inform the buyer by email. The seller also has the right to cancel the order if the buyer provided false or misleading information (e.g., incorrect email, phone, or address). If the buyer has paid in advance, the seller is obliged to refund the payment within 14 days.

Article IV.

Payment Terms

1. Payment for goods and services in the e-shop can be made as follows:
   – Cash on delivery (payment to the courier upon receipt),
   – Payment via VUB payment gateway,
   – Bank transfer in advance – the goods will be shipped after receipt of funds in our account.
2. A gift voucher represents a prepaid amount of money that the buyer can use for purchases as long as funds are available. The voucher’s validity date is indicated on it. The nominal value can be agreed with the buyer.
3. Additional charges for payment options are listed in Article VI of these General Terms and Conditions.
4. The seller may offer the following discounts:
   – Discount for registration in the e-shop,
   – Discount for repeat purchases,
   – Discount via one-time coupon.
5. Discounts cannot be combined.

Article V.

Delivery Terms

1. The seller must send the goods to the buyer within 30 days from the order date unless agreed otherwise or a longer delivery time is specified for the goods.
2. If the goods are in stock, they are shipped as soon as possible, typically within 48 hours of receiving the order.
3. If the order contains multiple items and some are out of stock, the buyer will be informed with an option for partial delivery.
4. An invoice (tax document), manual, and other product documentation are sent with the goods.
5. The place of fulfillment is considered the address to which the goods are delivered.
6. Delivery is carried out via: Packeta Slovakia, s.r.o., Sliačska 1E, 831 02 Bratislava, or Slovak Parcel Service s.r.o., Senecká cesta 1, 900 28 Ivanka pri Dunaji.

Article VI.

Shipping, Packaging Fees, and Payment Options

1. For prepayment via bank transfer or payment gateways, shipping charges are:
   – Courier delivery to address within 2 business days after dispatch – €4.00–€5.50
   – Courier delivery to pickup point within 2 business days after dispatch – €3.40
2. For cash-on-delivery (payment to courier upon receipt):
   – Courier delivery within 2 business days after dispatch – €4.00–€5.50
3. The seller may agree with the buyer on other non-standard delivery or pricing arrangements.
4. The seller may deliver available items immediately and send the remaining items later within the legal period, provided that no additional shipping costs are charged beyond those already included in the order.

Article VII.

Transfer of Ownership

1. Ownership passes from the seller to the buyer upon receipt of the goods from the seller or carrier.

Article VIII.

Cancellation of the Purchase Contract

1. The buyer has the right to cancel the ordered goods or services within 24 hours of concluding the purchase contract without a cancellation fee, except for goods manufactured on demand, according to specific consumer requirements, or made specifically for one consumer.

Article IX.

Consumer’s Right to Return Goods Without Stating a Reason and Consumer Information

1. Based on Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance or Off-Premises Contract and Amendments to Certain Acts (hereinafter referred to as the “Act”), the consumer has the right under § 7 and subsequent provisions to withdraw from the purchase contract within 14 calendar days from the date of receiving the goods, provided the seller has fulfilled its information obligations under this Act. If the subject of the contract is the delivery of goods, the consumer may withdraw even before the goods are delivered.
2. If the consumer wishes to exercise this right, they must deliver a written notice of withdrawal from the purchase contract to the seller’s contact address in person during business hours, or send it by post no later than the last day of the withdrawal period. Alternatively, withdrawal may also be made using another durable medium. After notifying withdrawal, the consumer must send or deliver the goods in question together with all documentation (e.g., original invoice, manuals, and other documents provided with the goods) no later than 14 days from withdrawal (§10(1) of the Act). We recommend keeping a copy of the invoice and sending the goods as an insured parcel.
3. Do not send the goods back as cash on delivery; such parcels will not be accepted.
4. The e-shop operator will refund the payment for the goods/services, including delivery costs in accordance with §9(3) of Act No. 102/2014 Coll., as well as any proven costs incurred in ordering the goods, within 14 days of receiving the notice of withdrawal. However, the seller is not obliged to refund before receiving the goods back or before the consumer proves that the goods have been sent, unless the seller has offered to collect the goods themselves.
5. The consumer bears the cost of returning the goods.
6. The right of withdrawal does not apply to goods and services defined in §7(6)(a–l) of Act No. 102/2014 Coll. Note: this includes goods made to the consumer’s specifications, goods that cannot be returned for hygiene reasons once unsealed, etc.
7. The consumer is responsible for any reduction in the value of the goods resulting from handling beyond what is necessary to determine their nature, characteristics, and functionality.

Article X.

Rights and Obligations of the Contracting Parties

1. The contracting parties are considered to be the seller and the buyer.
2. The buyer is obliged to:
   accept the ordered goods, pay the agreed price for the goods or services to the seller, and check the integrity of the packaging and the goods themselves upon receipt.
3. The seller is obliged to:
   deliver the goods to the buyer in the agreed quality, quantity, and price, and provide all necessary documents, such as the invoice, complaint form, and user manual in the Slovak language, together with or after delivery of the goods.

Article XI.

Personal Data Protection

1. Personal data are processed in accordance with Act No. 18/2018 Coll. on Personal Data Protection, as amended.
2. The operator does not provide the buyer’s personal data to third parties, except for the selected shipping company responsible for delivery or to state authorities for inspection, or to processors under a mutual agreement pursuant to Act No. 18/2018 Coll.
3. The operator is obliged to secure personal data against unauthorized access by adopting appropriate technical and organizational measures. All employees are bound by confidentiality obligations regarding personal data.
4. The data subject has rights under §§ 19 et seq. of Act No. 18/2018 Coll., including:
   – the right to information, as stated in this document and the terms and conditions,
   – the right to request access to personal data (§21) – to inquire how and for what purposes your data are processed,
   – the right to rectification of personal data (§22),
   – the right to erasure of personal data (§23),
   – the right to restriction of processing (§24),
   – the right to object to processing (§27),
   – the right to data portability,
   – the right to lodge a complaint with the supervisory authority.
5. The operator collects the following personal data from the buyer: title, first name, surname, address, delivery address, billing address, phone number, and email address, processed for the purpose of fulfilling your order. These are stored for 10 years for archiving. Data are processed to issue invoices, delivery notes, provide transport, and maintain accounting records.
6. The operator has authorized the intermediary Heureka Shopping, s.r.o., Karolínská 650/1, 186 00 Prague, ID: 02387727, operator of the portal heureka.sk and the “Verified by Customers” service, to process personal data (name, surname, email, and order details) once, for the purpose of evaluating purchase satisfaction. The intermediary sends a one-time email invitation for rating.
7. “We measure your satisfaction with your purchase through email questionnaires as part of the ‘Verified by Customers’ program, which our e-shop participates in. These are sent after each purchase unless you refuse electronic communication under §62 of Act No. 351/2011 Coll. on Electronic Communications. Data are processed based on our legitimate interest to assess customer satisfaction. Questionnaires and feedback analysis are handled by the processor Heureka.sk. We may provide them with information about your purchased goods and email address for this purpose. Your data are not shared with any third party for their own use. You may object at any time by unsubscribing via the link in the email.”
8. This website records your IP address, time spent browsing, and referrer page. Cookies are text files stored on your computer and are used to measure site traffic and customize display, enabling us to offer better content and services. Some cookies come from third parties (e.g., YouTube, Google).
9. You may delete cookies or disable their collection in your browser settings at any time.
10. If the buyer agreed to personal data processing for email marketing, they consented to receive marketing emails to their contact address.
11. Personal data used for email marketing (name, surname, email address) are stored for five years and are not shared with third parties.
12. The buyer may withdraw consent at any time by sending a withdrawal notice, after which data will be deleted immediately. Unsubscribing is also possible via the checkbox in the user account (if created). After withdrawal, we will no longer use your data for email marketing.
13. If the buyer agreed to personal data processing for SMS marketing, they consented to receive SMS messages to their contact phone number.
14. Personal data used for SMS marketing (name, surname, phone number) are stored for five years.
15. The buyer may withdraw consent at any time by sending a withdrawal notice, after which data will be deleted immediately. Unsubscribing is also possible via the checkbox in the user account (if created). After withdrawal, we will no longer use your data for SMS marketing.

Article XII.

Compensation for Damage in Case of Failure to Accept Goods

1. The seller has the right to compensation for damages (under §420 et seq. of the Civil Code) if the buyer ordered goods, did not cancel or withdraw from the contract, and subsequently failed to accept the goods from the carrier or did not collect them within the specified period in case of personal pickup. By doing so, the buyer violated Article X, point 2(a), which obliges them to accept ordered goods.
2. When determining the amount of damages, the seller considers transport costs, packaging, expedition, administrative costs, and other related expenses, as well as lost profit.
3. The seller may choose not to claim or to claim only part of the compensation.

Article XIII.

Final Provisions

1. The seller reserves the right to modify or supplement these general terms and complaint conditions without prior notice. In the event of changes, the purchase process will follow the terms valid at the time of the buyer’s order, which are available on the seller’s website.
2. The complaint procedure is an integral part of these general terms and conditions.
3. By submitting an order, the buyer confirms that they have read the general terms and complaint policy.
4. These terms were prepared as part of the certification project of the online store nakupujbezpecne.sk.
5. These general terms and complaint policy are available for inspection at the seller’s registered office and are also published on the e-shop’s website.
6. If the consumer is not satisfied with how the seller handled a complaint or believes their rights were violated, they may request a remedy. If the seller rejects the request or does not respond within 30 days, the consumer has the right under §12 of Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution to submit a proposal to initiate alternative dispute resolution. The competent body is the Slovak Trade Inspection (www.soi.sk) or another authorized entity listed by the Ministry of Economy of the Slovak Republic (list of ADR entities). The consumer may also use the online dispute resolution platform at http://ec.europa.eu/consumers/odr. Information on fees can be found on the respective ADR entity’s website.
7. Relations not governed by these general terms (or their integral attachments) shall be governed by applicable provisions of Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 18/2018 Coll., Act No. 22/2004 Coll., and Act No. 513/1991 Coll.
8. If another contract is concluded with the buyer under different conditions, the terms of that contract shall prevail over these general terms.
9. These general terms and conditions, including all annexes, take effect on January 1, 2025.