Art. 1 Introductory provisions
1.1 Tieto všeobecné obchodné podmienky, ktorých súčasťou je reklamačný poriadok (ďalej ako „obchodné podmienky“) upravujú práva a povinnosti zmluvných strán vyplývajúce z kúpnej zmluvy uzatvorenej medzi obchodníkom, ktorým je spoločnosť: MIRACLE BIOKARI s. r. o., sídlo: Korzo Bélu Bartóka 789/3, 929 01 Dunajská Streda, IČO: 36275743, DIČ: 2022069731, IČ DPH: SK2022069731, zapísaná v: Obchodný register Okresného súdu Trnava, oddiel: Sro, vložka č. 17598/T (ďalej len „obchodník“) a kupujúcim, ktorej predmetom je kúpa a predaj tovaru na internetovej stránke www.biokari.sk as an electronic shop of the trader (hereinafter referred to as the "online shop").
1.2 Contact details of the trader:
| Business name: | MIRACLE BIOKARI s. r. o. |
| Correspondence: | Hlavná 75, 929 01 Dunajská Streda (Tesco Gallery) |
| Tel. contact: | +421 908 851 140 |
| E-mail: | info@biokari.sk |
| IBAN: | SK57 0900 0000 0001 9349 5547 |
1.3 For the purpose of these terms and conditions:
(a) consumer means a natural person who, in connection with a consumer contract, an obligation arising therefrom or a commercial practice, is not acting in the course of his business or profession,
(b) an entrepreneur means a person who operates a business on the basis of a trade licence, or who operates a business on the basis of a licence other than a trade licence pursuant to special regulations, or who carries out agricultural production and is entered in the register pursuant to a special regulation, and who acts within the scope of his or her business activity and purchases goods in connection with his or her business activity,
(c) buyer means a consumer or business who purchases goods from a trader,
(d) contract of sale means any contract, regardless of legal form, concluded between a trader and a buyer,
(e) goods means the object of purchase, unless the object of purchase is a service
1.4 If the consumer is a party to the contract, the relations not regulated by these terms and conditions shall be governed by Act No. 108/2024 Coll. 40/1964 Coll., Civil Code, all as amended.
1.5 In the event that the contracting party is an entrepreneur, the relations not regulated by these terms and conditions shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended.
1.6 The Terms and Conditions are part of the concluded purchase contract between the trader on the one hand and the buyer on the other hand. These terms and conditions are governed exclusively by the valid and effective legislation of the Slovak Republic. All contractual relations are concluded in accordance with the law of the Slovak Republic. By placing an order, the Buyer agrees that these terms and conditions and their provisions shall apply to all purchase contracts concluded through the online shop and to all relations between the trader and the Buyer, arising in particular at the conclusion of the purchase contract and the fault of the product.
1.7 By ordering goods from the trader, the buyer agrees to these terms and conditions by ticking the box at the end of the order form with the wording "I have read and agree to these terms and conditions".
1.8 The trader has informed the buyer in a clear, unambiguous, comprehensible and unmistakable manner before sending the order of the pre-contractual information, in particular concerning liability for defects, payment, commercial, transport and other terms and conditions, by:
(a) inform about the main characteristics of the goods to the extent appropriate to the type and nature of the product on the relevant catalogue page of the online shop,
b) the merchant name and other necessary identification data of the merchant informed on the relevant sub-page of the e-commerce and in point 1.1 of these terms and conditions, which are located on the relevant sub-page of the online store ,
c) the telephone number and e-mail address of the trader and other data that are important for the buyer's contact with the trader are informed on the relevant sub-page of the online store and in point 1.2 of these terms and conditions, which are located on the relevant sub-page of the online store,
d) the address of the trader at which the buyer can exercise the rights of liability for product defects informed in point 6.5 of these terms and conditions, which are located on the relevant sub-page of the online store,
e) the right to lodge a complaint or other complaint and instructions on the consumer's right to submit a request for redress to the trader through alternative dispute resolution, including a link to the website on which the information on the relevant alternative dispute resolution entity is published in Article 8 of these terms and conditions, which are located on the relevant sub-page of the online store,
f) the selling price of the individual goods, including value added tax and all other taxes, which is clearly and easily legibly indicated on the relevant catalogue page of the online shop and the final price for the order, including value added tax and all other taxes, delivery charge and all other fees associated with the order, is informed in the order form within the order created through the online shop and subsequently in the order confirmation,
(g) the payment terms, delivery terms and the period by which the trader undertakes to deliver the goods are informed in Articles 3 and 4 of these terms and conditions, which are located on the relevant sub-page of the online shop,
h) the rights and obligations of the contracting parties related to liability for defects and the existence and duration of the trader's statutory liability for defects have been informed in Article 6 of these terms and conditions, which are located on the relevant sub-page of the online shop; the trader has also provided the defect complaint form itself as Annex 1 to these terms and conditions, which are located on the relevant sub-page of the online shop,
i) the information about the consumer's right to withdraw from the purchase contract within the meaning of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, the conditions, time limits and procedure for exercising the right to withdraw from the contract informed in Article 5 of these terms and conditions, which are located on the relevant subpage of the online store. The trader has also duly informed the consumer about the exercise of the right of withdrawal by means of a completed instruction, which can be found as Annex 2 in these terms and conditions, which are located on the relevant sub-page of the online shop,
j) the information about the consumer's right to withdraw from the purchase contract under Act No. 40/1964 Coll., the Civil Code, about the conditions, terms and procedure for exercising the right to withdraw from the contract informed in Article 6 of these terms and conditions, which are located on the relevant sub-page of the online store.,
k) the provision of a form for withdrawal from the purchase contract in accordance with Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, informed in Article 5.4 of these terms and conditions, which are located on the relevant subpage of the online store; the trader also provided the withdrawal form itself as Annex 3 to these terms and conditions, which are located on the relevant subpage of the online store,
l) the information that if the consumer withdraws from the purchase contract, he/she will bear the costs of returning the goods to the trader and if the consumer withdraws from the distance contract, the costs of returning the goods which, due to their nature, cannot be returned by post, are informed in point 5.5 of these terms and conditions, which are placed on the relevant subpage of the online store,
m) the circumstances under which the consumer loses the right to withdraw from the contract informed in point 5.8 of these terms and conditions, which are located on the relevant sub-page of the online store,
n) the actions necessary for the conclusion of the purchase contract by describing these actions in Article 2 of these terms and conditions, which are located on the relevant sub-page of the online store.
Art. 2 Method of concluding the contract of sale
2.1 The merchant presents the proposal for the conclusion of the purchase contract by publishing the individual goods on the online shop. The Buyer accepts this proposal by completing and submitting the order form on the online shop, thereby concluding a contract of sale with the Trader, the subject of which is the transfer of ownership of the goods identified by the Buyer for consideration at the purchase price and under the terms and conditions set out in this order (hereinafter referred to as the "Order"). Upon receipt of the Order, the trader shall promptly deliver to the buyer a confirmation of receipt of the Order, which shall not affect the formation of the contract of sale.
2.2 The order acknowledgement contains in particular the name and specification of the goods whose sale is the subject of the purchase contract, the price of the goods, the delivery time of the goods, the name and details of the place where the goods are to be delivered, or other additional information according to the applicable legislation.
2.3 The Buyer's e-mail address will be sent any further information regarding his/her order, if necessary.
2.4 According to the amendment of Act No. 222/2004 Coll. The data in the tax document (invoice) can be changed only if the buyer has not yet received the goods and has not paid for them.
Art. 3 Delivery of goods
3.1 The purchase contract shall give rise to the obligation of the trader to hand over the object of purchase to the buyer and the buyer shall be obliged to take over the object of purchase and to pay the agreed price to the trader for it.
3.2 The trader shall deliver the sold goods to the buyer without undue delay, at the latest within 30 days from the date of conclusion of the contract. The standard delivery time for individual goods is 2 to 5 working days.
3.3 The place of delivery of the goods is the place specified by the buyer in the order form.
3.4 Goods are delivered when they are taken over by the Buyer or a person appointed by the Buyer or when the Merchant hands them over to a carrier appointed by the Buyer outside the transport options offered to the Buyer by the Merchant.
3.5 Goods shall further be deemed to have been delivered when the Buyer or a third party designated by the Buyer, other than the carrier, takes delivery of all parts of the ordered goods, or if:
a) the goods ordered in one order are delivered separately, at the moment of receipt of the goods that were delivered last,
(b) he delivers goods consisting of several parts or pieces, at the time of taking delivery of the last part or piece,
(c) he delivers the goods repeatedly over a period of time, at the time of receipt of the first goods.
3.6 When placing an order, the Buyer selects the appropriate form of payment of the purchase price of the goods and the appropriate form of delivery of the goods from the options offered by the Merchant, which are displayed in the interface of the online store in the section of order creation (in the shopping cart).
3.7 If the option "personal collection" is selected, the place of collection of the goods is the address: Hlavná 75, 929 01 Dunajská Streda (Tesco Gallery) during its opening hours. Payment at the outlet upon personal collection is possible (i) by cash or (ii) by credit card.
3.8 Upon delivery of the goods, the title to the goods sold, the risk of accidental destruction, accidental deterioration and loss of the goods shall pass to the buyer.
Art. 4 Purchase price and fees associated with the purchase of goods
Art. 5 Withdrawal from the contract of sale
5.1 The consumer has the right to withdraw from the contract concluded through the online store within 14 days from the date of receipt of the goods by the consumer in accordance with clauses 3.4 and 3.5 of these terms and conditions.
5.2 The withdrawal period under clause 5.1 of these terms and conditions shall be deemed to have been observed if the consumer sends a withdrawal notice to the trader no later than on the last day of the period.
5.3 The consumer may withdraw from a contract concluded at a distance or from a contract concluded away from the trader's premises, the subject of which is the delivery of goods, even before the withdrawal period has started.
5.4 The trader is obliged to refund to the consumer within 14 days from the date of receipt of the withdrawal notice all payments received from the consumer on the basis of or in connection with a distance contract, a contract concluded away from the trader's premises or an ancillary contract, including the costs of transport, delivery, postage and other costs and charges. The trader shall reimburse the consumer for such payments in the same way as the consumer used to pay for them; this is without prejudice to the trader's right to agree with the consumer another method of payment, provided that the consumer is not charged any fees in connection with the payment. However, the trader shall not be obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a method of delivery other than the cheapest normal method of delivery offered by the trader. Additional costs means the difference between the cost of the delivery chosen by the consumer and the cost of the cheapest normal method of delivery offered by the trader.
5.5 The Consumer may exercise the right to withdraw from a contract concluded at a distance or from a contract concluded away from the trader's premises in paper form, in the form of a record on another durable medium, or by sending an e-mail to the address specified in point 1.2 of these terms and conditions. For this purpose, the Consumer may use the sample withdrawal form available for download at the end of these terms and conditions published on the relevant sub-page of the online shop.
5.6 When withdrawing from a distance contract or from a contract concluded outside the trader's premises, the consumer shall only bear the costs of returning the goods to the trader or to the person designated by the trader to take delivery of the goods. If the consumer withdraws from a distance contract, he shall also bear the costs of returning the goods which, due to their nature, cannot be returned by post.
5.7 Within 14 days from the date of withdrawal from a distance contract or a contract concluded outside the trader's premises, the consumer is obliged to send the goods back or hand them over to the trader or a person designated by the trader to collect the goods; this does not apply if the trader proposes to collect the goods in person or through a person designated by the trader. The time limit referred to in the first sentence shall be deemed to have been complied with if the consumer sends the goods to the trader no later than the last day of the time limit.
5.8 The trader is not obliged to refund the consumer in the event of withdrawal from a distance contract or a contract concluded outside the trader's premises, the subject of which is the delivery of goods, before the goods are delivered to the consumer or until the consumer proves that the goods have been sent back to the trader, unless the trader proposes to collect the goods in person or through a person designated by the trader.
5.9 The Consumer shall not have the right to withdraw from the Contract which is subject to:
(a) the delivery of goods subject to rapid deterioration or perishability,
(b) the delivery of goods enclosed in protective packaging which is not suitable for return for health or hygiene reasons if the protective packaging has been broken after delivery.
5.10 The consumer shall be liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond the handling necessary to ascertain the characteristics and functionality of the goods;
5.11 The effects of withdrawal from a distance contract or a contract concluded away from the trader's business premises shall also apply to any supplementary contract to the contract from which the consumer has withdrawn; this shall not apply if the parties have expressly agreed on the continuation of the supplementary contract.
Art. 6 Liability for defects and fault (Complaints Procedure)
6.1 The trader shall be liable to the consumer for any defect in the goods sold at the time of delivery which becomes apparent within two years of delivery of the goods. If the purchaser is a business, the warranty period for the purchased goods is one year from the delivery of the goods. If the goods purchased are second-hand, the trader shall be liable for any defect in the goods sold at the time of delivery which becomes apparent within one year of the delivery of the goods. In the case of goods on which the manufacturer has indicated an expiry or use-by date, the warranty period expires on the expiry of that period.
6.2 The trader fulfils the general requirements for the goods by ensuring that the goods are in particular:
(a) suitable for all the purposes for which goods of the same kind are normally used, taking into account in particular legislation, technical standards or codes of conduct applicable to the sector concerned where technical standards have not been developed,
(b) corresponds to the description and quality declared by the trader to the consumer before the conclusion of the contract,
(c) supplied with such accessories, packaging and instructions, including assembly and installation instructions, as the consumer may reasonably expect; and
(d) supplied in the quantity, quality and with the characteristics, including functionality, compatibility, safety and ability to retain their functionality and performance in normal use, which are normal for a thing of the same kind and which the consumer may reasonably expect having regard to the nature of the thing sold and having regard to any public statement made by or on behalf of the trader or any other person in the same supply chain, including the manufacturer, in particular in the promotion of the thing or on its labelling; the manufacturer shall be deemed to be the contractor of the item, the importer of the item on the European Union market from a third country or any other person who identifies himself as the manufacturer by affixing his name, trade mark or other distinctive sign to the item.
6.3 The trader fulfils the agreed requirements for the goods by:
(a) corresponds to the description, type, quantity and quality defined in the contract of sale,
(b) it is suitable for a specific purpose, which the buyer has made known to the trader at the latest at the conclusion of the contract and to which the trader has agreed,
(c) it is characterised by the capacity to perform the functions defined in the contract with regard to its purpose,
(d) it is characterised by other features defined in the contract of sale,
(e) is delivered with all the accessories defined in the contract of sale,
(f) is supplied with instructions for use, including assembly and installation instructions, as defined in the contract of sale.
6.4 The goods sold are defective if they do not comply with the general requirements and the agreed requirements. Furthermore, the goods sold are defective if their use prevents or restricts the rights of a third party, including intellectual property rights. The goods need not comply with the general requirements where the trader has expressly informed the consumer at the time of conclusion of the contract that a certain characteristic of the goods does not comply with the general requirements and the consumer has expressly and specifically agreed to the non-compliance.
6.5 The consumer can claim a defect in writing at the address of the trader: Hlavná 75, 929 01 Dunajská Streda (Tesco Gallery), or electronically via the contact details specified in point 1.2 of these terms and conditions. For this purpose, the consumer can use the sample form available for download at the end of these terms and conditions published on the relevant subpage of the online shop.
6.6 If the consumer exercises the right to complain of a defect, the trader shall immediately provide the consumer with a written confirmation of the complaint of the defect. The trader shall specify in the acknowledgement of the defect the time limit within which the defect shall be rectified. The period notified pursuant to the preceding sentence may not be longer than 30 days from the date on which the defect was pointed out, unless a longer period is justified by an objective reason beyond the trader's control.
6.7 If the consumer has complained of a defect by mail which the trader has refused to accept, the parcel shall be deemed to have been delivered on the day of the refusal.
6.8 The consumer may only claim liability rights for defects if he/she has raised the defect within two months of discovering the defect, at the latest until the expiry of the trader's liability period for defects in the goods.
6.9 The consumer has the right to, among other things, the following in order to assert a claim for the rectification of a defect:
(a) rectification of the defect in the goods by repair
(b) exchange of goods
(c) a reasonable discount on the purchase price
(d) withdrawal from the contract of sale
6.10 The consumer has the right to choose to have the defect rectified by replacing the goods or repairing the goods. The consumer may not choose a method of remedying the defect which is not possible or which would cause the trader disproportionate costs in comparison with the other method of remedying the defect, taking into account all the circumstances, in particular the value which the item would have had without the defect, the seriousness of the defect and whether the other method of remedying the defect would have caused the trader considerable difficulties.
6.11 The trader undertakes to repair or replace the defective goods as soon as possible after the consumer has pointed out the defect, taking into account the nature of the goods and the nature and severity of the defect. The trader further undertakes to repair or replace the defective goods free of charge, at his own expense and without causing the consumer serious inconvenience, taking into account the nature of the item and the purpose for which the consumer requested the item.
6.12 For the purpose of repair or replacement, the consumer shall hand over or make the goods available to the trader. The cost of taking the item is borne by the trader.
6.13 The trader shall deliver the repaired goods to the consumer at his own expense in the same or similar manner in which the consumer delivered the defective goods to him, unless the parties agree otherwise.
6.14 The Trader may refuse to remedy a defect if repair or replacement is not possible or would require disproportionate costs taking into account all the circumstances, including the circumstances under the second sentence of clause 6.10 of these Terms and Conditions.
6.15 The consumer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract without giving a reasonable additional period of time if:
(a) the trader has not repaired or replaced the goods,
(b) the trader has not repaired or replaced the goods in accordance with clause 6.12 of these terms and conditions,
c) the trader has refused to remedy the defect according to point 6.14 of these terms and conditions,
d) the goods have the same defect despite repair or replacement,
(e) the defect is of such a serious nature as to justify an immediate reduction of the purchase price or withdrawal from the contract of sale; or
(f) the trader has declared or it is apparent from the circumstances that he will not remedy the defect within a reasonable time or without causing serious inconvenience to the consumer.
6.16 In assessing the consumer's right to a discount on the purchase price or to withdraw from the contract of sale pursuant to paragraph 6.15 (d) and (e) of these terms and conditions, all circumstances shall be taken into account, in particular the type and value of the goods, the nature and severity of the defect and the consumer's ability to be objectively required to have confidence in the trader's ability to remedy the defect.
6.17 The consumer may not withdraw from the contract of sale pursuant to clause 6.15 of these terms and conditions if the consumer has participated in the creation of the defect or if the defect is negligible. The burden of proving that the consumer has contributed to the defect and that the defect is negligible shall be on the trader,
6.18 If the contract relates to the purchase of more than one item of goods, the consumer may withdraw from the contract only in relation to the defective goods. In relation to the other goods purchased, he may only withdraw from the contract if he cannot reasonably be expected to wish to keep the other goods without the defective goods.
6.19 After withdrawal from the contract pursuant to clause 6.15 of these terms and conditions, the trader shall return the purchase price to the consumer no later than 14 days from the date of return of the goods to the trader, or upon proof that the consumer has sent the goods to the trader, whichever is earlier. The trader shall refund the purchase price to the consumer or pay the consumer a discount on the purchase price in the same way as the consumer used when paying the purchase price, unless the consumer expressly agrees to a different method of payment. All costs associated with the payment shall be borne by the trader.
6.20 After the consumer has withdrawn from the contract pursuant to clause 6.15, the trader shall not be entitled to compensation for damage caused by normal wear and tear of the goods and to remuneration for the normal use of the goods prior to the withdrawal from the contract of sale.
6.21 If the trader refuses liability for defects, he shall notify the consumer in writing of the reasons for the refusal. If the consumer proves the trader's liability for the defect by an expert opinion or a professional opinion issued by an accredited person, an authorised person or a notified person, the consumer may raise the defect repeatedly and the trader may not refuse liability for the defect; the condition set out in clause 6.8 of these terms and conditions does not apply to the repeated raising of the defect. Furthermore, the consumer shall be entitled to compensation from the trader for the reasonable costs incurred in connection with the complaint of a defect for which the trader is liable and the assertion of the rights of liability for the defect. The consumer must exercise this right with the trader within two months of the delivery of the repaired or replacement goods, the payment of the price discount or the refund of the price after withdrawal from the contract at the latest, otherwise the right shall be extinguished.
Art. 7 Consumer Guarantee
7.1 The manufacturer or trader may provide the consumer with a consumer guarantee, whereby they undertake to refund the purchase price, replace or repair the goods sold or ensure their maintenance beyond the scope of the rights arising from liability for defects. The consumer shall have the right to claim from the manufacturer or trader who has provided the consumer guarantee the performance of the consumer guarantee under the terms and conditions set out in the guarantee certificate or in the related advertising available at the time of conclusion of the contract of sale or before its conclusion.
7.2 During the duration of the consumer warranty, the consumer has rights to have the defect rectified in accordance with clause 6.9 of these terms and conditions, unless the manufacturer or trader has provided more favourable terms in the consumer lifetime warranty.
Art. 8. Alternative Dispute Resolution and Complaints
8.1 The consumer has the right to apply to the trader for redress if he is dissatisfied with the manner in which the trader has dealt with his complaint about a defect in the goods or if he believes that the trader has violated his rights. If the trader responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to file a petition for the initiation of an alternative dispute resolution with an alternative dispute resolution entity pursuant to Act No. 391/2015 Coll. The subjects of alternative dispute resolution are the authorities and authorised legal persons pursuant to Article 3 of Act No 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to Section 12 of Act No. 391/2015 Coll. The consumer may also file a complaint through the online alternative dispute resolution platform, which is available online at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
8.2 Alternative Dispute Resolution applies only to a dispute between a consumer and a trader arising out of or in connection with a contract of sale.
8.3 The Alternative Dispute Resolution Body may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20,-. More detailed information on the whole issue can be found in Act No. 391/2015 Coll. On alternative dispute resolution for consumer disputes or in Regulation No. 524/2013 of the European Parliament and of the Council of the EU, or you can read more at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks#heading-3
8.4 Furthermore, the consumer has the right to lodge a complaint with a consumer protection supervisory authority if he/she believes that the consumer's rights or legally protected interests have been violated. The contact details of the supervisory authority are:
SOI Inspectorate for the Trnava Region
Pekárska 23, 917 01 Trnava 1
Supervision Department
tt@soi.sk
tel. 033/321 25 27, 033/321 25 21
http://www.soi.sk
web link for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
Art. 9 Conditions for sending electronic invoices
9.1 The electronic invoice is a tax document within the meaning of Section 71(1)(b) of the Value Added Tax Act No. 222/2004 Coll.
9.2 An electronic invoice is a proper invoice issued pursuant to Section 74 of the Value Added Tax Act No. 222/2004 Coll., which the trader issues electronically and sends to the buyer only by electronic mail as a separate file in .pdf or .xml formats or in another suitable format specified by the trader (hereinafter referred to as the "electronic invoice").
9.3 By accepting these terms and conditions, the Buyer agrees that an electronic invoice will be sent to the e-mail address provided by the Buyer in the order form immediately upon receipt of payment.
9.4 An electronic invoice shall be deemed to have been received on the date of dispatch. In case of doubt, the electronic invoice shall be deemed to have been received on the expiry of three working days from the date of the demonstrable sending of the electronic invoice by electronic mail.
9.5 The Buyer is entitled to withdraw consent to the sending of an electronic invoice by written or electronic notice to the Merchant. The revocation shall be effective on the date of receipt of the notice.
Art. 10 Creating a user account
10.1 Creating a user account means registering for an individual user account via the Merchant's online shop (hereinafter referred to as "registration"). Registration is voluntary and free of charge. Registration is not a prerequisite for the creation of an order and the conclusion of a purchase contract and in no way affects the final purchase price.
10.2 The registered user may at any time request the merchant to delete the user account, for this purpose using the contact details of the merchant specified in point 1.2 of these terms and conditions
Art. 11 Product Reviews (Reviews)
Art. 12 Privacy Policy
12.1 We fully respect the privacy of our customers. However, in order to process an order, it is necessary to process certain personal data. The online shop also processes cookies. For a better understanding of the purpose for which and on what legal basis we process your personal data, please read the complete Privacy Statement pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and Act No. 18/2018 Coll. on the protection of personal data and on the amendment and supplementation of certain acts, which can be found at the link: www.biokari.sk/ochrana-sukromia/
12.2 Sending questionnaires under the "Verified by Customers" programme - (Direct marketing via e-mail)
Purpose of processing personal data:
As part of our commitment to improving our service and understanding your needs, we send you, our customers, satisfaction questionnaires via email communication after each purchase in our e-shop. These questionnaires are part of the 'Customer Verified' programme that our e-shop is involved in, which allows us to collect and process customer feedback through automated electronic communication, in the form of questionnaires that are sent to and then completed by customers in order to evaluate customer feedback. The information we collect is used to improve our services and assess our market position.
For sending questionnaires, collecting, evaluating customer feedback and analysing market position we use the services of the Intermediary, which is Heureka Group a.s. This company is responsible for generating the questionnaires and processing the responses received. The use of the Intermediary enables us to process the data obtained efficiently and provide relevant information to improve our services and marketing strategies.
Affected persons or category of affected persons:
Customers who have purchased goods or services in our e-shop.
Category of personal data:
Common personal data.
List or scope of personal data:
E-mail address, information about the purchased goods.
Legal basis for the processing of personal data:
Legitimate interest (Article 6(1)(f) GDPR): the processing of personal data is necessary on the basis of the legitimate interest of the Controller, which is to determine the satisfaction of the Controller's customers with their purchases in the e-shop.
Processing is carried out in accordance with applicable law:
- The Electronic Communications Act, which regulates the conditions for the implementation of direct marketing (§ 116 of Act No. 452/2021 Coll. on Electronic Communications).
- Act No. 18/2018 Coll. on the Protection of Personal Data.
- General Data Protection Regulation (GDPR).
The recipients or category of recipients to whom the personal data will be disclosed:
Heureka Group a.s., Karolínská 706/3, 186 00 Praha 8, Czech Republic, ID No.: 07 822 77 acts as a Data Processor within the 'Verified by Customers' program. The company processes personal data on the basis of the contract on processing of personal data by the Processor, the subject of which is the performance of the tasks of the Processor. We provide it with the customer's email address and information about the goods purchased, which is used solely for the purpose of sending and evaluating questionnaires. All activities are carried out in accordance with Article 28 of the GDPR Regulation.
The personal data of the data subjects are not passed on to any third party for its own purposes when sending the e-mail questionnaires.
Other eligible entity:
Authorised entity pursuant to Section 13(1)(c) of Act No. 18/2018 Coll. on the Protection of Personal Data and the GDPR, includes:
- Control and supervisory authorities: Authorities, including the Data Protection Authority, which may require access to personal data for control and supervisory tasks.
- Courts and criminal procedure authorities: They have access to personal data to the extent necessary for investigations, legal proceedings and legal processes.
- Slovak Trade Inspection: The supervisory authority for consumer legislation, authorised to carry out checks on personal data.
- Other entities authorised by law: State and public institutions with the power to process personal data by law, such as tax and social security authorities.
- to third countries: Personal data is not provided to third countries.
- to international organisations: Personal data is not provided to international organisations.
Disclosure of personal data:
The controller does not disclose personal data.
Retention period / criterion for its determination:
The processing of personal data for the above purposes continues:
1. Pending the filing of an objection to the sending of electronic mail for direct marketing purposes in accordance with Section 116(3) of Act No. 452/2021 Coll. on electronic communications. Customers are given the opportunity to easily and free of charge at any time to refuse the sending of e-mails for these purposes. This option includes refusal of the use of their contact data already at the time of collection and with each message delivered, unless the customer has previously refused such use.
a) The operator actively and clearly offers this option to customers on at least one of the pages that are part of the ordering process of the e-shop.
b) Customers have the option to opt-out of receiving surveys during each survey email via an unsubscribe link. In the event of opting out of surveys via this link, their email address is immediately added to the 'Opt-Out List', and no further surveys will be sent to them.
2. Until the filing of an objection to the processing of personal data under the GDPR. This objection may be raised at any time and includes the right to object to processing concerning the data subject on the basis of Article 6(1)(e) or (f). If the data subject objects directly to the Controller to the processing of personal data for direct marketing purposes, including profiling, the personal data may no longer be processed for such purposes.
3. For a maximum period of 5 years from the start of the processing of personal data for the stated processing purposes.
Period and conditions of processing of personal data by Heureka:
Heureka Group a.s. processes personal data during the term of the cooperation agreement in the 'Verified by Customers' program. If the customer objects, refuses further questionnaires via the link in the questionnaire, his/her e-mail address is immediately added to the 'Opt-out list'. Heureka must delete or anonymise all personal data within 30 days after termination of the contract, unless the customer requests a copy of the data or the law requires its further retention.
The controller undertakes to comply with the principles of processing personal data, which include:
- The personal data provided by the data subject will only be processed to the extent necessary to achieve the stated purposes. In the event that the purpose for which the personal data are processed is no longer fulfilled, the data will be deleted without delay.
- The controller shall periodically review the personal data retained to ensure that its retention continues to be justified. Data that is no longer needed or whose retention period has expired will be securely erased or anonymised.
- The data subject will be informed of the new purpose and legal basis for the processing of personal data if the purpose originally stated is changed. This will ensure that any changes to the processing of data are fully transparent to data subjects.
- Personal data will only be processed for the defined and legitimate purpose and will not be further processed in a manner incompatible with that purpose.
- Personal data must be correct and up-to-date. The controller shall ensure that incorrect data is rectified as soon as it becomes aware of the incorrectness.
- Personal data will be protected against unauthorised access, processing, destruction or loss. The controller is obliged to report serious incidents to the competent authority.
- The controller shall be responsible for compliance with the principles for the processing of personal data and shall be able to demonstrate compliance with those principles upon request by the Authority.
Technical and organisational security measures:
The controller has implemented extensive organisational and technical measures for the protection of personal data, which are documented in detail in internal regulations. These measures cover physical and object security, information security, cryptographic protection of information, personnel and administrative security, as well as the protection of sensitive information. They are designed to effectively prevent unauthorised access and provide comprehensive protection of personal data within the organisation. The implementation of these measures is governed by well-defined powers and responsibilities, which are set out in the controller's security policy.
Evidence of the legitimate interest of the Controller (pursuant to Article 6(1)(f) GDPR):
The Operator has a legitimate interest in sending customer satisfaction questionnaires via email communication after each purchase within the framework of the 'Verified Customers' programme. The aim is to collect and analyse feedback to enable improvements to the service and product offering. Customers have the opportunity to clearly and explicitly object to the receipt of questionnaires and to the processing of their personal data for this purpose. This process is fully transparent and provides customers with the opportunity to make an active decision, minimising the impact on their privacy while adhering to the GDPR privacy principles.
Information about the existence of automated individual decision-making, including profiling:
The controller declares that no automated individual decision-making, including profiling, is carried out on the basis of the personal data provided.
Rights of the data subject:
Right of access - obtain confirmation of and access to the processing of data.
Right to repair - correct inaccurate or incomplete data.
Right to erasure (right to be forgotten) - to request the erasure of data, except where personal data are compulsorily archived.
Right to restriction of processing - request restriction of data processing in certain situations.
Right to data portability - the data subject does not have this right for the legal basis for processing under Article 6(1)(c) of the GDPR, and also for the legal basis under Article 6(1)(f) of the GDPR.
Right to lodge a complaint - lodge a complaint with a supervisory authority if he or she considers that the processing of personal data is in breach of the GDPR.
The person concerned shall have the right to object at any time - on grounds relating to his or her particular situation, against the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f), including an objection to profiling based on those provisions. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing purposes, including profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, the personal data may no longer be processed for such purposes.
Option to object to the sending of questionnaires:
Customers can easily and free of charge object to the sending of satisfaction questionnaires at any time. This possibility of objection is clearly offered to customers with every order in our e-shop and in every e-mail containing the questionnaire.
Your right to object to the processing of personal data you can apply to us at any time, either in writing or electronically by delivering your request to the contact details of the Controller provided, or by clicking on the unsubscribe link located in each marketing email or directly in the questionnaire.
Art. 13 Final provisions
13.1 The Merchant reserves the right to change these Terms and Conditions. The obligation to give written notice of a change in these terms and conditions is fulfilled by placing the notice on the Merchant's online shop.
13.2 These Terms and Conditions shall become effective against the Buyer upon the placing of an order via the Online Shop.
13.3 These terms and conditions shall come into force as of 1.7.2024
Annex 1: You can download the defect complaint form here: Defect notification form
Annex 2: Withdrawal form can be downloaded here: Withdrawal Form
Annex 3: Information on exercising the right of withdrawal can be downloaded here: Instructions on exercising the consumer's right of withdrawal
