General terms and conditions

I. INTRODUCTORY PROVISIONS

The General Terms and Conditions (hereinafter referred to as the "GTC") define the rights, obligations and contractual relationships between the company NEFKUS sro, Company Registration Number: 52270548, Tax Identification Number: 2120959203, VAT Identification Number: SK2120959203 (according to §4, registration from 1.12.2020), with its registered office at Coburgova 9206/82C, 917 01 Trnava, entered in the Commercial Register of the Slovak Republic, as the Merchant on the one hand and the Consumer on the other hand, in the area of ​​the sale of products offered on the website: www.poshmack.com (hereinafter referred to as the "Website"). The subject of sale is mainly dog ​​tables and related accessories.

II. DEFINITION OF BASIC DATA

A trader is a person who, in connection with the offer on the Website, acts within the scope of his/her business activities. For the purposes of these GTC, the trader is NEFKUS sro, Company ID: 52270548, VAT ID: 2120959203, VAT ID: SK2120959203, with its registered office at Coburgova 9206/82C, 917 01 Trnava (hereinafter referred to as the “Trader”).

A consumer is a natural person who, in connection with a purchase on the Website, is not acting within the scope of his/her business activity or profession (hereinafter referred to as the "Consumer").

The Product is all goods and services offered by the Merchant on the Website, including digital content, if available (hereinafter referred to as the "Product").

Digital content means any content provided electronically (hereinafter referred to as "Digital Content").

Functionality of Digital Content means the defined ability of Digital Content to perform functions with respect to its purpose (hereinafter referred to as "Functionality"), including available technical protection measures and with data on the compatibility and interoperability of Digital Content.

Compatibility of Digital Content means the defined ability to function with hardware or software with which an item of the same type is commonly used, without the need to change the item sold, hardware or software (hereinafter referred to as "Compatibility").

Interoperability means the defined ability to function with hardware or software different from those with which a thing of the same type is commonly used (hereinafter referred to as “Interoperability”). In case of any questions regarding the Digital Content, the Consumer may contact the Trader via electronic mail at the following e-mail address: haf@poshmack.com.

The Goods are mainly dog ​​tables and other products offered on the Website (hereinafter referred to as the "Goods").

For the purposes of these GTC, a Work is understood to mean any copyrighted content created by the Retailer if it is part of the Retailer's offer or performance (hereinafter referred to as the "Work").

Consultations (if provided) are consultations provided in an online interface (hereinafter referred to as the “Consultations”).

The Purchase Agreement is a contract concluded between the Merchant and the Consumer in accordance with the procedure set out in Article III of these GTC, and the subject of which is the sale and purchase of Products (hereinafter referred to as the "Purchase Agreement").

The Contract for the Provision of Digital Content is a contract concluded by the Trader with the Consumer in accordance with the procedure set out in Article III of these GTC, the subject of which is the provision of Digital Content (hereinafter referred to as the "Contract for the Provision of Digital Content"). The Contract for the Provision of Digital Content may also include a license agreement.

A License Agreement is an agreement by which the Merchant grants the Consumer consent to use the Work, and which may be part of the Agreement for the Provision of Digital Content (hereinafter referred to as the "License Agreement").

III. ORDERING AND CONCLUSION OF A DISTANCE CONTRACT

The Consumer orders the Product through the Website by completing and submitting the order form.

Registration is generally not required to create and submit an order; if registration is available, it is free.

Before placing any order, the Consumer has the opportunity to familiarize himself with the Product through its detailed description on the Website. If Digital Content is provided, it is tailored to the individual needs of the Consumer. The Consumer is also familiarized with the Functionality of the Digital Content, its Compatibility and Interoperability on the Website.

For each order via an electronic order form, the Consumer must provide their first and last name, postal and possibly billing address, and e-mail.

The Order contains boxes, by clicking which the Consumer: (a) expresses his/her agreement with these GTC, the Purchase Agreement and/or the Contract for the Provision of Digital Content and the Complaints Procedure; (b) declares that he/she has been duly informed of the right to withdraw from the Purchase Agreement/Contract for the Provision of Digital Content within the statutory 14-day period; (c) in the case of the Contract for the Provision of Digital Content, he/she may express his/her consent to the commencement of the provision of Digital Content before the expiry of the withdrawal period; (d) declares that he/she has read the Principles of Personal Data Processing and the Information on the Rights of Data Subjects; and (e) declares that all the information provided by him/her is true.

By sending an order with the obligation to pay, the Consumer confirms that he has been informed of the price of the Product and the obligation to pay it.

An order created and sent by the consumer is considered binding.

After receiving the order, the Merchant will confirm receipt of the order to the Consumer on a durable medium – via e-mail (“order acceptance”).

The order acceptance includes in particular: the order number, date and time of order acceptance; Product specification; price information including any VAT and other taxes; payment terms; information on when and how the Digital Content will be made available (if it is the subject of the contract); postage, packaging and method of delivery of the Goods; and confirmations related to the Consumer's consents.

Upon delivery of the order acceptance to the Consumer, the Purchase Agreement and/or the Agreement for the provision of digital content between the Merchant and the Consumer is deemed to be concluded.

The Purchase Agreement and/or the Agreement for the Provision of Digital Content shall terminate upon full fulfillment of the mutual rights and obligations of the contracting parties.

IV. PRICE AND PAYMENT TERMS

The price for the Product is set for each Product on the Website as the final price, including any VAT and other taxes. Any fees and costs related to the use of internet and other services in connection with the conclusion of a distance contract are borne by the Consumer himself.

The consumer has the option to pay the price in the following ways: by credit card; Apple Pay; Google Pay; or cash on delivery upon delivery of the goods.

The Consumer undertakes to pay the price immediately. Payment of the price means the crediting of the relevant amount to the Merchant's account.

The Consumer may order the Goods in a one-time payment or in the form of a Subscription, if such an option is available on the Website. The Consumer may pay the price for the Subscription in a one-time payment in advance or through monthly payments. In the case of a one-time payment, the Retailer may provide a discount. In the event of cancellation of the subscription during the subscription period, the Retailer is entitled to refund the purchase price reduced by the discount provided.

In the event of a delay in the monthly payment for the Subscription, the Merchant may delay the shipment of the Goods until payment is made; after a futile request, the Merchant may cancel the Subscription.

The Merchant will issue an invoice to the Consumer. Consent to these GTC also includes consent to the electronic form of the invoice.

V. DELIVERY OF GOODS AND PROVISION OF DIGITAL CONTENT

If the method of transport is agreed upon based on a special request from the Consumer, the Consumer bears the risk and any additional costs associated with this method of transport; otherwise, the method of transport is determined by the Retailer.

The Consumer is obliged to accept the Goods sent by the Merchant.

The Merchant undertakes to deliver the Goods as soon as possible according to the type of transport chosen by the Consumer, but no later than 30 days from the date of order confirmation, unless otherwise agreed.

When receiving the Goods from the carrier, the Consumer is obliged to check the integrity of the packaging of the Goods and immediately notify the carrier of any obvious defects and write a damage report. In the case of visibly damaged packaging, the Consumer may accept the shipment with reservations or not accept it. By signing the delivery note, the Consumer confirms that the packaging of the shipment was intact.

If, for reasons on the part of the Consumer, it is necessary to deliver the Goods repeatedly or in a manner other than that specified in the order, the Consumer is obliged to pay the costs associated with this. After returning the undelivered Goods to the Retailer's registered office, the Consumer will be issued an invoice for shipping with a maturity of 7 days.

After concluding the Agreement for the provision of Digital Content and paying the price for making the selected Digital Content available, the Digital Content will be made available in the Consumer's user account, if such a service is provided. The Consumer may use the Digital Content on a device that meets the technical and software requirements.

The Consumer declares that he is aware that the Digital Content can only be used on devices with the necessary software and internet connection.

If the Consumer does not have the necessary technical and software equipment, the Merchant is not responsible for the inability to use and access the Digital Content.

VI. LICENSE TERMS

In the case of a Contract for the provision of digital content, by expressing consent to these GTC, a contractual relationship of a License Agreement is established between the Retailer and the Consumer, based on which the Retailer grants the Consumer a limited, non-transferable and non-exclusive license to use the Work for personal and non-commercial use.

The Consumer acknowledges that the Work is protected by copyright and undertakes not to infringe the rights of the Merchant or circumvent technical measures protecting the Work.

VII. PRINCIPLES FOR HANDLING COMPLAINTS, INITIATIVES, CLAIMS

The principles for handling complaints, suggestions and claims are regulated in more detail in the Complaints Procedure.

VIII. THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT

The Consumer's right to withdraw from the Purchase Agreement and/or the Agreement for the provision of digital content is further regulated in the Instructions on the exercise of the Consumer's right to withdraw from a contract concluded as a distance contract.

Instructions on exercising the Consumer's right to withdraw from the contract were sent to the Consumer together with the withdrawal form upon acceptance of the order by the Retailer.

IX. THE TRADER'S RIGHT TO WITHDRAW FROM THE CONTRACT

The Trader is entitled to withdraw from the Purchase Agreement/Contract for the provision of digital content if: (a) he is unable to deliver the Goods for objective reasons; (b) he is unable to make the Digital Content available for technical or other objective reasons; (c) he has reasonable doubts about the accuracy of the data provided by the Consumer; (d) he has reasonable suspicion of an electronic attack or other attack; (e) the Consumer does not accept the Goods even after repeated delivery.

If withdrawal occurs after payment and before the Goods are shipped/Digital Content is made available, the amount paid will be refunded within 14 days to the account from which the payment was made.

X. PROTECTION OF PERSONAL DATA

The Consumer acknowledges that the Retailer, based on these GTC and relevant contracts, processes personal data for the purpose of fulfilling them and fulfilling legal obligations. Without providing this data, it is not possible to conclude and fulfill contracts. Information on the principles of personal data processing and the rights of data subjects is available on the Website.

For the purposes of personal data protection, the controller is considered to be NEFKUS sro, Coburgova 9206/82C, 917 01 Trnava. Contact details of the controller: e-mail: haf@poshmack.com.

XI. ALTERNATIVE DISPUTE RESOLUTION

If the Consumer is not satisfied with the manner in which the Retailer has handled his complaint or if he believes that the Retailer has violated his rights, he has the option of contacting the Retailer with a request for redress at the e-mail address: haf@poshmack.com or at the address of the Retailer's registered office.

The competent entity for alternative dispute resolution of consumer disputes is the Slovak Trade Inspection, Bajkalská 21/A, PO BOX No. 29, 827 99 Bratislava 27, Company ID: 17331927, http://www.soi.sk, or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (list available at http://www.mhsr.sk). Address for submitting submissions in electronic form: ars@soi.sk, adr@soi.sk.

XII. FINAL PROVISIONS

These GTC enter into force and effect on 1 October 2024 and are an integral part of the Purchase Agreement and/or the Agreement for the provision of digital content concluded between the Retailer and the Consumer and are binding on both parties.

The supervisory authority is: Slovak Trade Inspection (SOI), SOI Inspectorate with its registered office in Trnava for the Trnava Region, Pekárska 23, 917 01 Trnava 1, Department of Supervision, tel.: 033/5512 689 – 90, fax: 033/5512 656, e-mail: tt@soi.sk.

By checking the boxes before submitting the order on the Merchant's Website, the Consumer confirms that he has read these GTC, understood them and agrees with them in full.

All contractual relationships between the Retailer and the Consumer are concluded in accordance with the law of the Slovak Republic. In the event that the person ordering the Retailer's Products is an entrepreneur, the legal relationship is governed by these GTC accordingly, with the exclusion of those provisions that apply only to the consumer, in accordance with the relevant legal regulations.

Both the Merchant and the Consumer are obliged to comply with these GTC, which are an integral part of the Purchase Agreement and/or the Agreement on the provision of digital content between the Merchant and the Consumer, as well as the applicable legal regulations of the Slovak Republic.

In the event of a dispute, the parties will try to resolve the dispute by agreement; if this fails, the courts of the Slovak Republic are competent according to the Civil Dispute Procedure.

The Merchant reserves the right to amend these GTC without prior notice. The amendment to the GTC shall enter into force on the date of its publication on the Merchant's Website; it shall not apply to transactions made prior to the amendment.