First part of the general terms and conditions

e-commerce www.voxberg.com

applicable to buyers - consumers

(1) Introductory provisions of the terms and conditions and choice of law

(1.1) The first part of the terms and conditions regulates the rights and obligations of the parties to the purchase contract concluded between the seller, which is the company: VOXBERG s.r.o., 47 901 411, with its registered office at Majakovského 9, Bratislava - Staré Mesto 811 04, Slovak Republic, registered in the Commercial Register of the District Court Bratislava I, Section Sro, File No. 100611/B (hereinafter referred to as the "Seller") and the Buyer - consumer, the subject of which is the purchase and sale of goods on the Seller's online shop website: www.voxberg.com (hereinafter referred to as the "Voxberg.com").

Contact details of the Seller:

Email: info@voxberg.com

Telephone: +421 (0) 908 126 828‬

VAT number: SK2024140261

DIC: 2024140261

Majakovského 9, Bratislava - Old Town 811 04, Slovak Republic.

Operation: Vinárska 26, 951 41 Lužianky, Slovak Republic.

Account number for non-cash payments:

Bank: Tatra banka, a.s.

IBAN: SK04 1100 0000 0029 4945 8674

Supervisory authority supervising:

SOI Inspectorate for the Bratislava Region

Bajkalská 21/A, P.O. BOX No. 5. 820 07 Bratislava, Slovak Republic

Supervision Department ba@soi.sk

tel. 02/58 27 21 72, 02/58 27 21 04

(1.2)Within the meaning of the first part of the terms and conditions, the buyer is understood to be a consumer, which is a natural person who does not act within the scope of his/her business activity, employment or profession when concluding and executing the purchase contract.
(1.3) The Parties agree that their contractual relationship established by this Contract and all rights and obligations under this Contract shall be governed by the laws of the Slovak Republic in which the Seller has its registered office. The Buyer, as a consumer, acknowledges that this Contract may also be governed by the law of the Buyer's Member State of residence if the Buyer is not permanently resident in the Slovak Republic, but is resident in a Member State of the European Union. The Buyer acknowledges that, by virtue of Article 6(2) of the Rome I Regulation, it also has the protection afforded by the so-called mandatory rules of law which would apply in the absence of this choice of law clause.

(2) Rights and obligations of the Seller and the Buyer

(2.1) In particular, the Seller has the following obligations:
(2.1.1) Deliver the ordered goods to the Buyer in the agreed quantity and quality and pack or equip them for transport in the manner necessary for their preservation and protection.
(2.1.2) Hand over to the Buyer, together with the goods, in written or electronic form at the latest, all documents necessary for the acceptance and use of the goods and other documents prescribed by applicable law (manuals in Slovak language, tax document, etc.).
(2.2) The Seller shall be entitled to full payment of the purchase price from the Buyer for the goods delivered.
(2.3) The Seller shall have the right to cancel (cancel) the order if, due to stock out or unavailability of the goods, it is unable to deliver the goods to the Buyer within the period specified in these Terms and Conditions or at the price stated in the online shop, unless an alternative performance is agreed with the Buyer.
(2.4) In particular, the buyer has the following obligations:
(2.4.1) to take delivery of the goods,
(2.4.2) to pay the Seller the agreed purchase price on time, including the cost of delivery of the goods.
(2.5) The Buyer is entitled to delivery of the goods in the quantity, quality, date and place agreed by the parties to the contract.
(2.6) The Seller is entitled to request the Buyer to verify the order by email or telephone.

(3) Conclusion of the purchase contract

(3.1) The conclusion of the Purchase Contract occurs by the Seller's binding acceptance of the Buyer's proposal for the conclusion of the Purchase Contract in the form of a form filled in by the Buyer, i.e. the Purchase Order.
(3.2) Binding acceptance of the proposal for conclusion of the contract shall be made by the Seller no later than 24 hours after the execution of the order. Binding acceptance will be made by e-mail of acceptance of the order after prior acceptance of the order by the Buyer and after verification of the availability of the goods,

the applicable prices and the delivery date of the goods requested by the buyer marked as

"order confirmation". If a higher price is found, the Seller must request the Buyer's consent to the price change before confirming the order. Only when the Buyer agrees to the price change and the Seller subsequently confirms (accepts) the order, the contractual relationship will be concluded. Automatically executed notification of order acceptance, which the Buyer receives to his/her email address immediately after the order has been sent, shall not be considered as a binding acceptance of the order. This notification is for informational purposes only for the purpose of notifying the Buyer of the acceptance of his order.

(4) Negotiation of the purchase price

(4.1) The Buyer shall pay to the Seller the purchase price of the goods agreed in the Purchase Contract, including the cost of delivery of the goods, in one of the following ways:
(4.1.1) Online - (i) by wire transfer to the Seller's account; (ii) by online credit card through a payment gateway such as GoPay, Apple Pay, Google Pay, PayPal, Mastercard or VISA; or
(4.1.2) Cash on delivery - cash or credit card.
(4.2) All prices quoted on the Seller's website are final. Any shipping and handling costs will be charged at the end of the order.
(4.3) If the Buyer pays the Purchase Price to the Seller by wire transfer, the date of payment shall be deemed to be the date on which the entire Purchase Price has been credited to the Seller's account.
(4.4) The Buyer undertakes to pay the Seller the purchase price for the agreed goods within the term according to the purchase contract, but at the latest upon receipt of the goods.
(4.5) In the case of an order of goods to be delivered to the Slovak Republic or the Czech Republic and the value of the order of goods is more than 50 €, the Seller will not charge the cost of transport of the goods.

(5) Delivery of goods and payment terms

(5.1) The Seller shall process the order by delivering the goods ordered by the Buyer to the address specified in the order in the shortest possible time, from 2 to 5 working days, no later than 30 days from the date of order confirmation. If the Seller has not fulfilled its obligation to deliver the goods within the agreed period, the Buyer shall invite the Seller to deliver the goods within an additional reasonable period of time provided by the Seller. If the Seller fails to deliver the goods even within this additional reasonable period, the Buyer shall be entitled to withdraw from the contract.
(5.2) If the Buyer fails to accept the ordered goods at the address specified in the order without prior written withdrawal from the contract, even within 5 working days after the expiry of the period specified in the purchase contract, binding acceptance, the Seller shall be entitled to claim compensation for damages in the amount of the actual costs of the attempted unsuccessful delivery of the order. After the expiry of 5 working days from the date on which the Buyer was obliged to accept the goods, the Seller shall be entitled to withdraw from the contract of sale and sell the goods to a third party.
(5.3) The Buyer is obliged to take over the goods personally or to arrange for another person to take over the goods for him. If it is necessary to repeat the delivery of the goods due to the absence of the Buyer at the place specified in the contract of sale (the address specified in the completing the order), all costs incurred in this regard shall be borne by the buyer, in particular the re-delivery of the goods to the place of destination in the purchase contract and storage costs.
(5.4) The Buyer is entitled to inspect the consignment upon delivery. In the event of damage to the goods upon receipt by the Buyer, the Buyer shall have the option to refuse to accept the goods. After the goods have been damaged, the carrier is obliged to draw up a so-called damage report in the presence and at the request of the buyer. On the basis of the record thus made and delivered to the Seller, the Seller may, after concluding the damage event with the carrier, provide remedy for the defect in the goods, a discount on the goods and, in the event of irremediable defects in the goods, deliver new goods to the Buyer. Later claims of this type will be required to be proven.
(5.5) The Buyer shall be entitled to withdraw from the Purchase Contract in the event of non-delivery of the goods by the Seller within the period specified in the Terms and Conditions and the Seller shall be obliged to refund to the Buyer the part of the Purchase Price already paid.
(5.6) An invoice (tax receipt) is enclosed in each shipment.
(5.7) Methods of payment: online - (i) by wire transfer to the Seller's account; (ii) online by credit card through the payment gateway GoPay, Apple Pay, Google Pay, PayPal, Mastercard or VISA; or (iii) cash on delivery - in cash or by credit card.
(5.8) The Buyer shall choose the method of transport when ordering the goods by marking the selected option. The chosen method of delivery is considered binding. The Seller provides the following shipping options:
(5.8.1) GLS courier: delivery on working days from 8.00 to 18.00. Just before delivery, the GLS courier will contact the buyer by telephone so that they can arrange a more accurate delivery time with the buyer.
(5.8.2) Packet collection point / courier.

(6) Acquisition of ownership and transfer of risk of damage to goods

(6.1) The Goods shall remain the property of the Seller until full payment of the purchase price by the Buyer. The Goods are delivered to the Buyer upon their receipt by the Buyer upon personal collection or upon their collection by the transport company.
(6.2) The risk of damage to the goods passes to the Buyer at the moment when he takes over the goods from the Seller or at the moment when the Seller allows him to dispose of the goods and the Buyer does not take over the goods.

(7) Complaints Procedure

(7.1) The Seller shall be liable for defects in the goods and the Buyer shall immediately file a claim with the Seller.
(7.2) These Complaints Regulations apply to the handling of complaints.
(7.3) The Buyer shall have the right to claim a warranty from the Seller only for goods that are defective, caused by the manufacturer, supplier or the Seller, are covered by warranty and were purchased from the Seller.
(7.4) During the warranty period, the buyer has the right to have the defect rectified free of charge upon presentation of the goods including their accessories.
(7.5) Complaints shall be handled by the Seller in writing or electronically without delay. If the goods are defective, the Buyer shall have the right to file a claim at the Seller's establishment in accordance with Section 18(2) of Act No. 250/2007 Coll. on

Consumer Protection

by delivering the goods to the address Vinárska 26, 951 41 Lužianky, Slovak Republic, and completing the claim form, delivering it by post together with the goods claimed or delivering the claim form electronically. When making a claim, the Buyer is obliged to prove that the goods were purchased from the Seller and are under warranty - for example, by proof of payment. The Buyer is obliged to indicate precisely the type and extent of defects in the goods. The complaint procedure for goods that can be objectively delivered to the Seller shall commence on the day when the following conditions are met:

(7.5.1) delivery of a completed claim form,
(7.5.2) delivery of the claimed goods including accessories.

The form can be downloaded by the consumer by clicking on the following link: CLAIM FORM FOR COMPLAINT COMPLAINT BY BUYER. The start of the complaint procedure is referred to as the day the complaint is made. Complained goods must be delivered to the address: Vinárska 26, 951 41 Lužianky, Slovak Republic, unless the Seller or a designated person specifies otherwise (e.g. to deliver the goods directly to the designated person). In case of any doubts, the Buyer may contact the Seller by phone +421 (0) 908 126 828‬‬ or by email info@voxberg.com.

(7.6) The Seller is obliged to accept the complaint at any of its premises where the acceptance of the complaint is possible, i.e. at its registered office or at a designated person within the meaning of Section 18 (2) of the Consumer Protection Act.
(7.7) In the place designated according to the previous paragraph of these Terms and Conditions for receiving complaints, the Seller is obliged to ensure the presence of a person authorized to handle complaints within the meaning of Section 18 (3) of the Consumer Protection Act.
(7.8) The Seller or a designated person shall issue the Buyer with a confirmation of the claim in a suitable form chosen by the Seller, e.g. in the form of an email or in writing, in which the Seller shall accurately identify the defects in the goods in accordance with
18 (5) of the Consumer Protection Act and to instruct the consumer about his rights arising from § 622 and § 623 of Act No. 40/1964 Coll. of the Civil Code. If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately. If the confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the proof of the complaint.
(7.9) According to the decision of the Buyer, which of his rights under § 622 and § 623 of the Civil Code he claims, the Seller or a designated person is obliged to determine the method of handling the complaint immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if it requires a complex technical evaluation of the condition of the goods, no later than 30 days from the date of the beginning of the complaint procedure. After determining the method of handling the complaint, the Seller or a designated person shall handle the complaint immediately; in justified cases, the complaint may be handled later. However, the handling of the complaint may not take longer than 30 days from the date of the complaint. After the expiry of the period for processing the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The Seller shall inform the Buyer of the termination of the complaint procedure and the result of the complaint in the form agreed between both parties (namely by e-mail or/and by registered letter) and at the same time the Buyer shall be provided with the goods together with received complaint report. If the Buyer has made a claim for goods within 12 months of the conclusion of the Purchase Contract, the Seller may settle the claim by rejecting it only on the basis of an expert's opinion or an opinion issued by an authorised, notified or accredited person or the opinion of a designated person hereinafter referred to as the "expert's assessment of the goods". Regardless of the outcome of the expert assessment, the Seller may not require the Buyer to pay the costs of the expert assessment of the Goods or any other costs related to the expert assessment of the Goods. If the Buyer has made a claim for a product after 12 months from the conclusion of the Purchase Contract and the Seller has rejected it, the person who handled the claim is obliged to indicate in the document on the handling of the claim to whom the Buyer may send the goods for expert assessment. If the Buyer sends the goods for expert assessment to the designated person indicated in the document on the complaint, the costs of expert assessment of the goods, as well as all other related costs reasonably incurred, shall be borne by the Seller regardless of the result of the expert assessment. If the Buyer proves the Seller's liability for the claimed defect of the goods by the expert assessment, the Buyer may reassert the claim; the warranty period shall not expire during the expert assessment of the goods. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment of the goods, as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.
(7.10) The Seller may always replace the defective item with a defect-free one instead of removing the defect, if this does not cause the Buyer serious inconvenience.
(7.11) The right to a free warranty repair shall be extinguished:
(7.11.1) Unless the Buyer proves that the defective goods were purchased from the Seller,
(7.11.2) Failure to notify obvious defects upon receipt of the goods,
(7.11.3) The expiry of the warranty period of the goods,
(7.11.4) Mechanical damage to the goods caused by the buyer,
(7.11.5) Improper handling or neglect of the goods,
(7.11.6) Damage to the goods by accidental spoilage and accidental deterioration,
(7.11.7) Unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other acts of God.
(7.12) The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
(7.12.1) By handing over the repaired goods.
(7.12.2) Exchange of goods.
(7.12.3) By returning the purchase price of the goods.
(7.12.4) By paying a reasonable discount on the price of the goods.
(7.12.5) By a written invitation to take over the performance specified by the Seller.
(7.12.6) Reasoned rejection of a claim for goods.
(7.13) The Seller is obliged to issue the Buyer with a written document about the manner of handling the complaint and about the handling of the complaint no later than within 30 days from the date of the complaint by mail, courier company or by e-mail.
(7.14) The guarantee period for food and food supplements is the guarantee period indicated on the packaging. For other goods, the warranty is 24 months and starts from the date of receipt of the goods by the buyer. If the goods, and their packaging or instructions, state a period of time for the use of the goods in accordance with other legislation, the warranty period shall expire on the expiry of this period. Defective goods and claims arising therefrom must be made until the end of the warranty period. Upon expiry of the warranty period, the right to make a claim expires.
(7.15) The warranty period is extended by the period of time during which the buyer has been unable to use the goods due to their repair.
(7.16) In case of replacement of the goods with new goods, the warranty period starts again from the receipt of the new goods, but only for the replaced goods or part thereof.
(7.17) If there is a remediable defect in the goods, the claim will be handled in one of the following ways, depending on the Buyer's decision:
(7.17.1) by removing the defect, or
(7.17.2) The Seller shall replace the defective goods.

If it is a defect that cannot be eliminated, or a single repeatedly repeated eliminable defect, or a greater number of different eliminable defects that prevent the goods from being properly used as without defect, the Seller shall, depending on the Buyer's decision, handle the claim in one of the above ways:

a) by exchanging the goods for other goods,
b) if the Seller cannot replace the goods with another, he will settle the claim by refunding the purchase price, i.e. by issuing a credit note for the defective goods.

(7.18) The claim only applies to the defects stated in the claim.
(7.19) The occurrence of a single avoidable error more than twice is considered to be a repeated avoidable error.
(7.20) The occurrence of more than three different avoidable faults at the same time is considered to be a large number of different avoidable faults.
(7.21) A period of time during which the Buyer cannot properly use the Goods due to defects in the Goods shall be deemed to be a period of more than 180 days in total.
(7.22) If the Seller terminates the claim procedure as a justified rejection of the claim, and the Buyer disagrees with the decision, the Buyer may exercise its right to have the defect in the Goods rectified through the courts.

(8) Personal data and their protection

(8.1) The Seller has taken appropriate measures for the processing of personal data in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data and the GDPR Regulation.The Buyer confirms that he has been informed about the processing of his personal data in accordance with the rules, which can be found at the following link: https://www.voxberg.com/ochrana-osobnych-udajov

(9) Withdrawal from the contract of sale and cases where withdrawal from the contract of sale is not possible

(9.1) The Seller shall be entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has discontinued production or made such significant changes that have made it impossible to perform the Seller's obligations under the Purchase Contract or due to force majeure, or if even after making all efforts that may be fairly required of it, it is unable to deliver the goods to the Buyer within the time limit specified in these Terms and Conditions. The Seller is obliged to inform the Buyer immediately of this fact and to refund the deposit already paid for the goods agreed in the contract of sale within 14 days of the notice of withdrawal in the same manner as used by the buyer in his payment. This is without prejudice to the Buyer's right to agree with the Seller on a different method of payment, provided that no additional charges will be levied on the Buyer in connection therewith. The Seller is also entitled to withdraw from the contract of sale if the Buyer has not taken delivery of the goods within 5 working days from the date on which the Buyer was obliged to take delivery of the goods.
(9.2) The buyer has the right to withdraw from the purchase contract without stating a reason under the terms of the Consumer Protection in the Sale of Goods Act within 14 days from the date of receipt of the goods. Within this period, the buyer has the right to unpack and test the goods in a manner similar to that which is customary when buying in a conventional bricks-and-mortar shop, this does not apply to goods which are sports nutrition or other food products. However, to test does not mean to start using the goods and then return them to the Seller. The goods shall be deemed to have been accepted by the Buyer at the moment when the Buyer or a third party designated by the Buyer, with the exception of the carrier, accepts all parts of the ordered goods.
(9.3) The Buyer may exercise the right of withdrawal from the Contract with the Seller in a written form or in the form of a record on another durable medium or by means of a withdrawal form sent to the address: info@voxberg.com. The withdrawal form can be downloaded by clicking on the following link: WITHDRAWAL FORM.
(9.4) The Buyer is obliged to deliver the goods together with the accessories to the Seller at Vinárska 26, 951 41 Lužianky, Slovak Republic. The goods may only be used to the extent that the consumer can try the goods in a brick-and-mortar shop and the goods must not be damaged.
(9.5) The Buyer may also withdraw from the contract, the subject of which is the delivery of goods, before the withdrawal period has started. The withdrawal period is preserved if the buyer sends a notice of exercise of the right of withdrawal before the withdrawal period has expired.
(9.6) Upon withdrawal from the Contract, the Seller shall refund to the Buyer all payments which the Buyer has demonstrably paid in connection with the conclusion of the Contract, in particular the purchase price, including the cost of delivery of the goods. However, the Seller shall not be obliged to reimburse the Buyer for additional costs if the Buyer has chosen a delivery method other than the cheapest normal delivery method offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest normal method of delivery offered by the Seller. Payments will be refunded to the Buyer within 14 days of the date on which the Seller receives the Buyer's notice of cancellation of the Contract of Sale. Payment will be made by the same method used by the Buyer for its payment, unless the Buyer agrees with the Seller to a different method of payment, provided that the Buyer will not be charged any additional fees in connection therewith.
(9.7) The Seller shall not be obliged to refund to the Buyer any payments under these General Terms and Conditions before the Goods have been delivered to the Seller by the Buyer or until delivery has been proved by the Buyer. Accordingly, payment for the goods purchased will not be made by the Seller until the returned goods have been delivered back to the Buyer or proof of this has been provided.
(9.8) If the Buyer withdraws from the Contract and delivers to the Seller Goods which are used or damaged, or the value of the Goods is diminished as a result of treatment beyond that necessary to establish characteristics and functionality of the goods, the Seller shall be entitled to compensation against the Buyer in the amount of the value of the repair of the goods and restoration of the goods to their original condition.
(9.9) The Buyer is obliged to send back or hand over the goods together with the accessories including documentation to the Seller within 14 days from the date of withdrawal from the contract at the latest.
(9.10) The Buyer shall bear the direct costs of returning the goods to the Seller. An estimate of these costs is between €5 and €100, depending on the size and weight of the goods, the distance from where the return is being made and the prices at which the carrier chosen by the Buyer provides its services.
(9.11) the buyer may not withdraw from the contract, the subject of which is:
(9.11.1) Sale of goods subject to rapid deterioration or perishability
(9.11.2) Sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery
(9.11.3) Sale of goods which, due to their nature, can be inextricably mixed with other goods after delivery
(9.12) The Seller reserves the right to cancel the order or part of it in the event that for technical reasons the goods cannot be delivered within the required time or the price has been changed by the supplier of the goods. If the Buyer has paid an advance payment, this will be paid back to the Buyer within 14 working days. In case of cancellation, please contact the Seller: e-mail: info@voxberg.com, tel. +421 (0) 908 126 828‬‬.

(10) Alternative dispute resolution

(10.1) The Buyer - consumer is entitled to use an alternative dispute resolution method by contacting the Seller with a request for redress in case he was not satisfied with the manner in which the Seller handled his complaint or if he believes that the Seller violated his rights. If the Seller responds to such a request in a negative manner or fails to respond within 30 days from the date of its dispatch, the Buyer - consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity. Alternative dispute resolution entities are authorities and authorised legal persons within the meaning of Section 3 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes, e.g. the Slovak Trade Inspection, while the buyer-consumer is entitled to choose the alternative dispute resolution entity to which he/she applies. When submitting a proposal, the buyer-consumer shall proceed in accordance with Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes. Alternative dispute resolution can be used to settle a dispute between the buyer-consumer and the Seller arising from a consumer contract. The value of the dispute to be settled by alternative dispute resolution must exceed € 20.
(10.2) Buyers - consumers are entitled to apply the online dispute resolution platform to resolve their disputes in the language of their choice. The Buyer Consumer may use the RSO platform available at http://ec.Europa.eu/consumers/odr to resolve their dispute alternatively.

(11) Final provisions

(11.1) If the contract of sale is in writing, any modification thereof must be in writing. The parties agree that communication between them shall be carried out mainly by e-mail or by letter.
(11.1) Relationships not regulated by these General Terms and Conditions shall be governed by the relevant provisions of the Civil Code, Act No. 22/2004 Coll. No. 128/2002 Coll. No. 284/2002 Coll. on State Control of the Internal Market in the Matter of Consumer Protection and on Amendments and Additions to Certain Acts, as amended by Act No. 284/2002 Coll. as amended, Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended, Act No. 18/2018 Coll. on the protection of personal data and Act No. 102/2014 Coll. on the protection of the consumer in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's business premises and on amendment and supplementation of certain acts.

Second part of the general terms and conditions

e-commerce www.voxberg.com

applicable to buyers - entrepreneurs

(1) General provisions of the terms and conditions and choice of law

(1.1) The second part of the terms and conditions regulates the rights and obligations of the parties to the purchase contract concluded between the seller, which is the company: VOXBERG s.r.o., 47 901 411, with its registered office at Majakovského 9, Bratislava - Staré Mesto 811 04, Slovak Republic, registered in the Commercial Register of the District Court Bratislava I, Section Sro, File No. 100611/B (hereinafter referred to as the "Seller") and the Buyer - entrepreneur, the subject matter of which is the purchase and sale of goods on the Seller's online shop website.

Contact details of the Seller:

Email: info@voxberg.com

Telephone: +421 (0) 908 126 828‬

VAT number:

SK2024140261

DIC: 2024140261

Majakovského 9, Bratislava - Old Town 811 04, Slovak Republic.

Operation: Vinárska 26, 951 41 Lužianky, Slovak Republic.

Account number for non-cash payments:

Bank: Tatra banka, a.s.

IBAN: SK04 1100 0000 0029 4945 8674

(1.2) The buyer, within the meaning of the second part of the terms and conditions, is understood to be an entrepreneur, which is a person registered in the commercial register; a person who operates on the basis of a trade licence; a person who operates on the basis of a licence other than a trade licence pursuant to special regulations; a natural person who carries out agricultural production and is registered in the register pursuant to a special regulation.
(1.3) The Buyer - entrepreneur acknowledges that the terms and conditions applicable to the concluded purchase contract resulting from these terms and conditions may be different than in the first part of the terms and conditions.
(1.4) The Parties agree that their contractual relationship established by this Contract and all rights and obligations under this Contract shall be governed by the law of the Slovak Republic, where the Seller has its registered office, in particular by Act No. 513/1991 Coll., the Commercial Code.

(2) Rights and obligations of the Seller and the Buyer

(2.1) In particular, the Seller has the following obligations:
(2.1.1) Deliver the ordered goods to the Buyer in the agreed quantity and quality and pack or equip them for transport in the manner necessary for their preservation and protection.
(2.1.2) To hand over to the Buyer together with the goods in written or electronic form at the latest all documents necessary for the acceptance and use of the goods and other documents prescribed by applicable law.
(2.2) The Seller shall be entitled to full payment of the purchase price from the Buyer for the goods delivered.
(2.3) The Seller shall have the right to cancel (cancel) the order if, due to stock out or unavailability of the goods, it is unable to deliver the goods to the Buyer within the period specified in these Terms and Conditions or at the price stated in the online shop, unless an alternative performance is agreed with the Buyer.
(2.4) In particular, the buyer has the following obligations:
(2.4.1) to take delivery of the goods,
(2.4.2) to pay the Seller the agreed purchase price on time, including the cost of delivery of the goods.
(2.5) The Buyer is entitled to delivery of the goods in the quantity, quality, date and place agreed by the parties to the contract.

(3) Conclusion of the purchase contract

(3.1) The conclusion of the Purchase Contract occurs by the Seller's binding acceptance of the Buyer's proposal for the conclusion of the Purchase Contract in the form of a form filled in by the Buyer, i.e. the Purchase Order.
(3.2) Binding acceptance of the proposal for conclusion of the contract shall be made by the Seller no later than 24 hours after the execution of the order. The binding acceptance shall be made by e-mail of the acceptance of the order after prior acceptance of the order by the Buyer and after verification of the availability of the goods, the applicable prices and the date of delivery of the goods requested by the Buyer, marked as "order confirmation". If a higher price is discovered, the Seller must seek the Buyer's consent to the price change before confirming the order. Only upon the Buyer's consent to the price change and the Seller's subsequent confirmation of the order shall the contractual relationship be concluded. The automatically executed Order Acceptance Notification, which the Buyer receives to his e-mail address immediately after his order has been placed, shall not be deemed to be a binding acceptance of the order. This notification is for informational purposes only for the purpose of notifying the Buyer of the acceptance of his order.

(4) Purchase price arrangements

(4.1) The Buyer shall pay to the Seller the purchase price of the goods agreed in the Purchase Contract, including the cost of delivery of the goods, by wire transfer to the Seller's account, online payment card, via PayPal or cash on delivery or payment by credit card. All prices quoted on the Seller's website are final. Any shipping and handling costs will be charged at the end of the order.
(4.2) If the Buyer pays the Purchase Price to the Seller by wire transfer, the date of payment shall be deemed to be the date on which the entire Purchase Price has been credited to the Seller's account.
(4.3) The Buyer undertakes to pay the Seller the purchase price for the agreed goods within the term according to the purchase contract, but at the latest upon receipt of the goods.

(5) Delivery of goods and payment terms

(5.1) Orders are processed by the Seller in the shortest possible time, from 2 to 5 working days, no later than 30 days from the date of order confirmation. If the Seller has not fulfilled its obligation to deliver the item within the agreed period, the Buyer shall invite the Seller to deliver the item within an additional reasonable period of time provided by the Seller. If the Seller fails to deliver the item even within this sufficient reasonable period, the Buyer shall be entitled to withdraw from the contract.
(5.2) If the Buyer fails to accept the ordered goods within 5 working days after the expiry of the period specified in the Purchase Contract, after binding acceptance, without prior written withdrawal from the Contract, the Seller shall be entitled to claim compensation for damages in the amount of the actual costs of the attempted unsuccessful delivery of the order. After the expiry of 5 working days from the date on which the Buyer was obliged to accept the goods, the Seller shall be entitled to withdraw from the contract of sale and sell the goods to a third party.
(5.3) The Buyer is obliged to take over the goods personally or to arrange for another person to take over the goods for him. If the delivery of the goods has to be repeated due to the absence of the Buyer at the place specified in the Purchase Contract, all costs incurred in this respect shall be borne by the Buyer, in particular the re-delivery of the goods to the place specified in the Purchase Contract and the storage costs.
(5.4) The Buyer is entitled to inspect the consignment or the goods upon delivery. In the event of damage to the goods upon receipt by the buyer, the buyer shall have the option to refuse to accept the goods. The carrier is obliged to draw up a so-called damage report in the presence and at the request of the buyer. On the basis of the record so drawn up and delivered to the Seller, the Seller may, after concluding the damage claim with the carrier, remedy the deficiency of the goods, provide a discount on the goods and, in the event of irremediable defects in the goods, deliver new goods to the Buyer. Later claims of this type will need to be substantiated.
(5.5) The Buyer shall be entitled to withdraw from the Purchase Contract in the event of non-delivery of the goods by the Seller within the period specified in the Terms and Conditions and the Seller shall be obliged to refund to the Buyer the part of the Purchase Price already paid.

(6) Acquisition of ownership and transfer of risk of damage to goods

(6.1) The Goods shall remain the property of the Seller until full payment of the purchase price by the Buyer. The Goods are delivered to the Buyer upon their receipt by the Buyer upon personal collection or upon their collection by the transport company.
(6.2) The risk of damage to the goods passes to the Buyer at the moment when he takes over the goods from the Seller or at the moment when the Seller allows him to dispose of the goods and the Buyer does not take over the goods.

(7) Complaints procedure for entrepreneurs

(7.1) The Seller is liable for defects in the goods and the Buyer is obliged to immediately file a claim with the Seller.
(7.2) The following Complaints Procedure shall apply to the handling of complaints.
(7.3) The Buyer shall have the right to claim a warranty from the Seller only for goods that are defective, caused by the manufacturer, supplier or the Seller, are covered by warranty and were purchased from the Seller.
(7.4) The buyer is obliged to inspect the goods upon receipt of the goods. If he fails to do so, he may only claim for defects if he proves that the goods already had such defects at the time of acceptance.
(7.5) During the warranty period, the customer has the right to have the defect rectified free of charge upon presentation of the goods including accessories. ● (7.6) Complaints shall be handled by the Seller in writing or electronically. If the goods are defective, the Buyer has the right to make a claim in the first instance directly with the Seller. The Buyer shall make a claim by delivering the goods including accessories to the address Vinárska 26, Lužianky 951 41, Slovak Republic and filling in the claim form and delivering it by post together with the claimed goods, or delivering the claim form electronically. When making a claim, the buyer is obliged to present proof of purchase of the goods. The buyer is obliged to indicate precisely the type and extent of the defects in the goods. The complaint procedure for goods that can be objectively delivered to the Seller shall commence on the day when the following conditions are met:
(7.6.1) Delivery of the completed claim form
(7.6.2) Delivery of the claimed goods including accessories The claim form can be downloaded by clicking on this link: COMPLAINT FORM FOR MAKING A COMPLAINT BY THE BUYER. The start of the claim procedure is also the date of the claim. The claimed goods must be delivered to address Vinárska 26, Lužianky 951 41, Slovak Republic, unless otherwise specified by the Seller or a designated person. In case of any doubts, please contact the Seller at +421 (0) 908 126 828‬‬ or by e-mail: info@voxberg.com.

(7.7) The Seller undertakes to handle complaints of entrepreneurs under these Terms and Conditions within 50 days.
(7.8) The Seller reserves the right to replace the defective item with a faultless one instead of removing the defect.
(7.9) The right to a free warranty repair shall be extinguished:
(7.9.1) by failing to provide a warranty certificate, accessories, documentation of the goods or
(7.9.2) proof of payment if it serves as a guarantee
(7.9.3) failure to notify obvious defects upon acceptance of the goods
(7.9.4) the expiry of the warranty period of the goods
(7.9.5) mechanical damage to the goods caused by the buyer
(7.9.6) by using or storing the goods in conditions which do not correspond to the natural environment in terms of humidity, chemical and mechanical influences
(7.9.7) improper handling, servicing or neglect of the goods
(7.9.8) damage to the goods by unavoidable and or unforeseeable events
(7.9.9) damage to the goods by use contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic
(7.9.10) damage to the goods by accidental spoilage and accidental deterioration
(7.9.11) unprofessional intervention, damage during transport, damage to points, static or atmospheric electricity or other acts of God
(7.9.12) interference with the goods by an unauthorised person.
(7.10) The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
(7.10.1) by handing over the repaired goods
(7.10.2) exchange of goods
(7.10.3) by refunding the purchase price of the goods
(7.10.4) by paying a reasonable discount on the price of the goods
(7.10.5) by a written invitation to take over the performance specified by the Seller
(7.10.6) by reasoned rejection of the claim.
(7.11) The guarantee period for food and food supplements is the guarantee period indicated on the packaging. For other goods, the warranty is 12 months and starts from the date of receipt of the goods by the buyer. If the purchaser is a businessman and purchases the product for his business activity, the warranty period is calculated according to the manufacturer's warranty conditions in accordance with the relevant terms and conditions pursuant to the Commercial Code § 429 et seq. For selected products, the manufacturer's warranty is limited for corporate purchasers. Defective goods and claims arising from defective goods must be made before the end of the warranty period. Upon expiry of the warranty period, the right to make a claim expires. The warranty cannot be claimed for normal wear and tear of the goods and for gifts with the goods.
(7.12) The warranty period is extended by the period during which the buyer has been unable to use the goods due to their repair.
(7.13) In case of replacement of the goods with new goods, the warranty period starts again from the receipt of the new goods, but only for the new goods.
(7.14) If it is a defect that can be rectified, the Seller shall arrange for its repair. If repair is not possible and the nature of the defect does not prevent normal use, the parties may agree on a reasonable discount on the price of the goods. In the event of a discount, the defect cannot be claimed at a later date.
(7.15) If there is a defect which cannot be remedied and which prevents the item from being properly used as an item without defect, the Seller is entitled to replace the defective goods with goods of the same or similar utility or issue a credit note.
(7.16) If the delivery of defective goods is a material breach of contract, the buyer may:
(7.16.1) require the removal of defects by delivery of replacement goods for the defective goods, delivery of the missing goods and require the removal of legal defects,
(7.16.2) require the removal of defects by repairing the goods, if the defects are repairable,
(7.16.3) demand a reasonable discount on the purchase price; or
(7.16.4) withdraw from the contract.
(7.17) The Buyer shall only have the choice between claims for the settlement of a claim if it notifies the Seller in a timely defect notification or without undue delay after such notification. An asserted claim may not be changed by the Buyer without the consent of the Seller. However, if it turns out that the defects in the goods are irreparable or that their repair would entail disproportionate costs, the Buyer may demand delivery of replacement goods if he requests the Seller to do so without undue delay after the Seller has notified him of this fact. If the Seller fails to remedy the defects in the goods within a reasonable additional period of time, or if the Seller notifies before the expiry of the period of time that it will not remedy the defects, the Buyer may withdraw from the Contract or demand a reasonable discount on the purchase price.
(7.18) If the buyer fails to notify the election of his claim within the time limit specified in the terms and conditions, he shall have claims for defects in the goods as in the case of an insubstantial breach of contract.
(7.19) If the delivery of defective goods violates the contract in an insubstantial manner, the buyer may demand the delivery of the missing goods and the elimination of other defects or a discount on the purchase price.
(7.20) Until the Buyer claims a discount on the purchase price or withdraws from the contract, the Seller is obliged to deliver the missing goods and to remedy legal defects in the goods. Other defects shall be remedied at the Seller's option by repairing the Goods or by supplying replacement Goods, but the manner of remedying the defects shall not cause the Seller to incur unreasonable costs to the Buyer.
(7.21) If the Buyer requires the removal of defects in the Goods, the Buyer may not, before the expiration of an additional reasonable period of time granted to the Seller, assert any other claims arising from defects in the Goods other than claims for damages and liquidated damages, unless the Seller notifies the Buyer that it will not comply with its obligations within that period. This period must be in accordance with the terms and conditions.
(7.22) Unless the Buyer specifies an additional period of time or claims a discount on the purchase price, the Seller may notify the Buyer that it will remedy the defects within a certain period of time. If the Buyer fails to notify the Seller of its disagreement without undue delay after receiving such notice, such notice shall have the effect of setting a time limit under the Terms and Conditions.
(7.23) If the Seller fails to remedy the defects in the goods within the time limit resulting from the terms and conditions, the Buyer may claim a discount on the purchase price or withdraw from the Contract if he notifies the Seller of his intention to withdraw from the Contract at the time of determining the time limit according to the terms and conditions or within a reasonable period before withdrawal. The Buyer may not change the selected entitlement without the Seller's consent.
(7.24) Under the terms and conditions, a breach of contract is material if the breaching party knew at the time the contract was made, or at that time it was reasonably foreseeable having regard to the purpose of the contract, that the other party would not have an interest in the performance of its obligations in the event of such a breach of contract. When in doubt, the breach of contract shall be presumed not to be material.

(7.25) The handling of the claim only applies to the defects listed on the claim form.
(7.26) The Buyer's right to make a claim for a defect in the Goods is exhausted after the Buyer has exercised his right and requested the Seller to remedy the defect in the Goods and, regardless of the outcome of the claim, the Buyer is not entitled to make a claim again for the same defect.
(7.27) If the Seller terminates the claim procedure as a justified rejection of the claim, and the Buyer is not satisfied with the result of the claim, the Buyer may exercise its right to have the defect in the goods rectified through the courts.

(8) Withdrawal from the contract of sale

(8.1) The Seller shall have the right to withdraw from the Purchase Contract on the grounds of out of stock, unavailability of the Goods, or if, even after making all efforts that may be fairly required of him, he is unable to deliver the Goods to the Buyer within the time or at the price specified in these Terms and Conditions. The Seller must immediately inform the Buyer of this fact and refund to the Buyer the deposit already paid for the Goods agreed in the Contract of Sale within 14 days of the notice of cancellation in the same manner as that used by the Buyer for its payment, without prejudice to the Buyer's right to agree with the Seller on another method of payment, provided that no further charges will be made to the Buyer in connection therewith. The Seller may also withdraw from the Purchase Contract if the Buyer has not taken delivery of the Goods within 5 working days of the date on which the Buyer was obliged to take delivery of the Goods.
(8.2) The buyer, who is a businessman, may be offered an alternative withdrawal from the purchase contract depending on the condition of the returned goods. The condition of the goods will be assessed by the Seller. The Seller may charge the Buyer for any additional costs incurred.
(8.3) The Buyer may withdraw from the Purchase Contract in accordance with the provisions of the Commercial Code. The buyer is not entitled to withdraw from a contract, the subject of which is the sale of goods made to the buyer's special requirements, custom-made goods or goods intended specifically for one buyer.

(9) Final provisions

(9.1) The Seller has the right to change these General Terms and Conditions.
(9.2) If the contract of sale is in writing, any modification thereof must be in writing.
(9.3) The Parties agree that communication between them shall be by e-mail or letter.
(9.4) Relationships not governed by these General Terms and Conditions are subject to the relevant provisions of the Commercial Code.

Part Three of the General Terms and Conditions

e-commerce www.voxberg.com

(1) General provisions applicable to the first and second part of these general terms and conditions:

(1.1) These terms and conditions shall enter into force in relation to the buyer - consumer and entrepreneur on the date of conclusion of the contract.
(1.2) The Seller is entitled to unilaterally change or modify these Terms and Conditions at any time. The general terms and conditions valid and effective at the time of conclusion of the contract shall apply to the relationship between the consumer/business and the Seller.
(1.3) If any provision of these General Terms and Conditions is or becomes invalid or ineffective, the provision whose meaning is as close as possible to the invalid or ineffective provision shall apply instead. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions of the General Terms and Conditions. In the event of doubt, the provisions of these terms and conditions shall be regarded as valid rather than invalid.
(1.4) These General Terms and Conditions, including their changes and updates, enter into force on the date of their publication on the Seller's website.

These general terms and conditions are valid and effective from 18.10.2022.

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Terms & Conditions

First part of the general terms and conditions

Second part of the general terms and conditions

Part Three of the General Terms and Conditions