1. General Provisions
The following business and advertising terms govern the rights and obligations of the contracting parties arising from the purchase agreement concluded between the seller: ProFound Bratislava s.r.o. (hereinafter referred to as the "Seller") and the buyer. The subject of this agreement is the purchase and sale of goods on the Seller's e-commerce website.
Seller's contact details:
ProFound Bratislava s.r.o., registered office: Pestovateľská 2, 821 04 Bratislava – Ružinov, ID: 50044818, registered in the Commercial Register of the District Court Bratislava III, Section: sro, File No. 107198/B
VAT ID: SK2120150582
Email: office@profound.sk
Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region
Prievozská 32, P.O. Box 5, 820 07 Bratislava 27
Department of Technical Product Control and Consumer Protection and Legal Department
Tel.: 02/58272 172, 02/58272 104, Fax: 02/58272 170
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
1.1
These business and advertising terms, as valid on the day of the conclusion of the purchase agreement, form an integral part of the purchase agreement. If the purchase agreement is concluded in written form with terms differing from these business and advertising terms, the provisions of the purchase agreement shall prevail over these terms. Newly agreed business terms must not conflict with other legal regulations (e.g., shortening the period for returning goods, warranty period, etc.).
1.2
For the purposes of these business and advertising terms, an ancillary agreement is an agreement under which the buyer acquires goods or is provided a service related to the subject of the purchase agreement, provided the goods or services are supplied by the Seller or a third party based on their agreement.
1.3
The displayed purchase price for goods on any e-commerce website operated by the Seller includes value-added tax (VAT) at the rate set by applicable laws of the Slovak Republic. It does not include the cost of transporting the goods or other optional services. All sales and promotional actions are valid while supplies last, unless otherwise stated for a specific product.
1.4
The Seller reserves the right to adjust the sale price of goods displayed on the e-commerce website at any time. Such changes do not apply to purchase agreements concluded before the price change, regardless of whether the goods have been delivered.
2. Method of Concluding the Purchase Agreement
2.1
The purchase agreement is concluded based on an offer submitted by the buyer to the Seller in the form of a completed and submitted order form via the Seller's website. The subject of the agreement is the transfer of ownership of the goods specified by the buyer for the purchase price and under the conditions stated in the order (hereinafter referred to as the "Order").
2.2
After submitting the order, an automatically generated confirmation of receipt of the order into the Seller's electronic system (hereinafter referred to as the "Order Receipt Confirmation") will be sent to the buyer's email address. If necessary, additional information regarding the order may also be sent to the buyer's email address.
2.3
The Order Receipt Confirmation contains information confirming that the Seller has received the order, but it does not constitute acceptance of the offer to conclude the purchase agreement.
2.4
Subsequently, the buyer will receive an email notification indicating whether their order has been accepted (hereinafter referred to as the "Order Acceptance"). The Order Acceptance includes:
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The name and specifications of the goods subject to the purchase agreement,
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Details of the price of the goods and/or other services,
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The estimated delivery time,
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The name and address of the delivery location,
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Information on the conditions, method, price, and preparation of the goods for delivery,
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Details about the Seller (e.g., business name, registered office, ID, etc.),
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Other necessary information.
2.5
The purchase agreement is concluded upon the delivery of the Order Acceptance in electronic or written form.
2.6
The Seller has clearly, unambiguously, understandably, and unmistakably informed the buyer of the following pre-contractual information before submitting the order:
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Main characteristics of the goods or nature of the service – Provided on the relevant product page of the Seller's e-shop.
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Seller’s business name and registered office – Provided in Article 1 of these terms and on the Seller's e-shop.
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Contact details (phone, email, fax) – Provided in Article 1 of these terms and on the Seller's e-shop.
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Address for filing complaints – Provided in Article 1 of these terms.
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Total price including taxes, shipping costs, and other fees – Provided on the product page.
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Payment and delivery terms, complaint procedures – Provided in these terms.
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Right of withdrawal (14-day period, conditions, and procedure) – Provided in Article 10.
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Withdrawal form – Attached as Appendix 1.
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Return shipping costs – Buyer bears the cost unless the Seller fails to inform them.
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Obligations in case of withdrawal – Buyer must pay for services already rendered if withdrawal occurs after explicit consent.
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Cases where withdrawal rights are lost – Listed in Article 10.
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Seller’s liability for defects – Explained in Article 8 (Sections 622 and 623 of the Civil Code).
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Warranty details – Provided on the product page and in Article 9.
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Applicable codes of conduct – Provided on the product page.
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Contract duration and termination – For fixed-term or automatically renewing contracts.
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Minimum commitment period – If applicable.
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Advance payment requirements – If applicable.
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Technical protection measures for digital content – If applicable.
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Compatibility information – For hardware/software requirements.
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Alternative dispute resolution – If the Seller participates in such systems.
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Steps to conclude the contract – Described in these terms.
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Contract storage – The agreement is stored electronically and available upon request.
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Contract language – Slovak.
2.7
If the Seller fails to comply with the information obligation under Section 2.6(e), the buyer is not obliged to pay any additional costs or fees.
3. Rights and Obligations of the Seller
3.1
The Seller is obliged to:
a) Deliver the goods in the agreed quantity, time, and quality, properly packaged and secured for transport.
b) Ensure the delivered goods comply with applicable Slovak laws.
c) Send confirmation of the concluded purchase agreement (including withdrawal form) via email or other durable medium.
d) Provide all necessary documents (e.g., manual in Slovak, delivery note, warranty card, invoice) upon delivery.
3.2
The Seller has the right to receive full and timely payment for delivered goods.
3.3
If goods are unavailable or out of stock, the Seller must offer:
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Replacement goods, or
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The option to withdraw from the contract (order cancellation).
If the buyer has already paid, the Seller must refund the amount within 14 days of receiving the cancellation notice.
4. Rights and Obligations of the Buyer
4.1
The buyer is obliged to pay the purchase price as agreed in the order.
4.2
The buyer has the right to receive the goods in the agreed quantity, quality, time, and place.
4.3
The buyer must:
a) Pay the agreed price (including delivery costs).
b) Accept the ordered and delivered goods.
c) Confirm receipt by signing the delivery note.
5. Delivery and Payment Terms
5.1
Each product page displays estimated availability and shipping time.
5.2
The Seller must deliver the goods without undue delay, no later than 30 days after contract conclusion. If the Seller fails to deliver, the buyer may set a reasonable additional deadline. If the Seller still fails to deliver, the buyer may withdraw from the contract.
5.3
The Seller may request early pickup of goods.
5.4
Product images are illustrative. Dimensions, weight, and other details may vary by up to ±1% from manufacturer specifications.
5.5
The buyer must accept delivery at the agreed location and time. If the buyer is absent, the Seller may charge additional delivery costs.
5.6
Upon delivery, the buyer (or authorized representative) must sign the delivery confirmation. Ownership transfers only after full payment.
5.7
If delivery fails due to the buyer’s absence, the Seller may charge for additional delivery attempts.
5.8
The buyer must inspect the goods upon delivery and report defects immediately.
5.9
If the Seller fails to deliver, the buyer may withdraw from the contract and request a refund within 14 days.
6. Purchase Price
6.1
The price is stated in the Order Acceptance. If the price changes after order submission, the Seller must notify the buyer and obtain explicit consent.
6.2
Payment methods:
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Cash on delivery,
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Bank transfer to the Seller’s account.
6.3
For bank transfers, payment is considered complete upon crediting the Seller’s account.
6.4
The buyer must pay before or upon delivery unless installment payments are agreed.
6.5
The Seller may refuse delivery if payment is incomplete.
6.6
Assembly and additional services are not included in the purchase price.
7. Transfer of Ownership and Risk
7.1
Ownership transfers to the buyer only after full payment.
7.2
Risk transfers to the buyer upon delivery (or when the buyer fails to accept delivery on time).
8. Complaint Procedure (Warranty, Liability for Defects)
8.1
The buyer may request free repair of defects.
8.2
Alternatively, the buyer may request replacement of defective goods or parts.
8.3
The Seller may always replace defective goods if it does not cause significant inconvenience.
8.4
For irreparable defects, the buyer may request replacement or withdraw from the contract.
8.5
For other defects, the buyer may request a reasonable price reduction.
8.6
The Seller has informed the buyer of their rights under Sections 622 and 623 of the Civil Code.
8.7
Complaints must be filed with the Seller or an authorized service center.
8.8
The complaint process follows the Seller’s warranty policy (Article 8).
8.9
These terms apply to goods purchased via the Seller’s e-shop.
8.10
The buyer may claim liability for defects caused by the manufacturer, supplier, or Seller.
8.11
To file a complaint, the buyer must:
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Submit a written complaint (including defect description),
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Return the goods (insured, not cash on delivery).
8.12
The complaint process begins when:
a) The complaint is received,
b) The goods are returned,
c) Access codes (if applicable) are provided.
8.13
For non-returnable goods (e.g., installed items), the Seller may inspect the defect.
8.14
The Seller must acknowledge the complaint and inform the buyer of their rights.
8.15
The Seller must resolve complaints within 30 days. Delays allow the buyer to withdraw or demand replacement.
8.16
For complaints within 12 months, the Seller may reject only with expert assessment.
8.17
For complaints after 12 months, the Seller must cover expert assessment costs if the defect is confirmed.
8.18
The buyer cannot claim defects they were aware of at purchase.
8.19
The Seller may replace defective goods with equivalent or better items.
8.20
The Seller is not liable for:
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Obvious defects not reported upon delivery,
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Defects caused by misuse, accidents, or unauthorized modifications.
8.21
Complaints are resolved by:
a) Replacement,
b) Refund,
c) Repair,
d) Price reduction,
e) Written offer,
f) Justified rejection.
8.22
The Seller must issue a written resolution within 30 days.
8.23
The warranty period is 24 months (unless otherwise specified). Perishable goods must have at least 2 months of shelf life.
8.24
The warranty extends by the repair time.
8.25
Replaced goods have a new warranty period.
8.26–8.34
Further details on complaint handling, repeat defects, and exclusions.
9. Personal Data Protection
9.1
The buyer must provide:
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For individuals: Name, address, phone, email.
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For businesses: Company name, registered office, ID, contact details.
9.2
The Seller processes personal data for contract fulfillment under Slovak data protection laws.
9.3
The buyer may consent to marketing communications (opt-in).
9.4
The Seller ensures compliance with data protection laws.
9.5
Consent is voluntary and can be withdrawn anytime.
9.6
The buyer has rights to access, correct, or delete their data.
9.7
Data may be shared with:
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Delivery partners (e.g., Slovak Post, couriers).
9.8
The Seller’s e-shop systems are registered with the Slovak Data Protection Office (ID: 03444/2015-Os).
10. Right of Withdrawal
10.1
If the Seller cannot fulfill the order (e.g., out of stock), they must offer a replacement or allow withdrawal.
10.2
The buyer may withdraw within 14 days of delivery (or service commencement) without justification.
10.3
The buyer may inspect goods as in a physical store.
10.4
The withdrawal period starts upon full delivery.
10.5
Withdrawal must be in writing (e.g., via the attached form).
10.6
The Seller must refund payments within 14 days of receiving the withdrawal notice.
10.7
The buyer must return goods at their own cost (unless the Seller failed to inform them).
10.8
Goods must be complete, undamaged, and in original packaging.
10.9
No withdrawal for:
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Custom-made goods,
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Sealed items (e.g., software, hygiene products),
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Perishable goods.
11. Final Provisions
11.1
Contract changes require written form.
11.2
Communication occurs via email.
11.3
Unregulated matters follow Slovak laws (Civil Code, Consumer Protection Act, etc.).
11.4
These terms take effect upon contract conclusion.
11.5
By placing an order, the buyer confirms acceptance of these terms.
Appendix 1: Withdrawal Form
[Template for the buyer to fill out when withdrawing from the contract.]
Appendix 2: Withdrawal Instructions
[Summary of withdrawal rights and procedures.]