General Terms and Conditions    

The purpose of these Terms and Conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relations between the seller and the buyer are concluded in accordance with the law of the Slovak Republic. In the event that the contracting party is a consumer, the legal relations not regulated by these business conditions are governed by Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection as amended, Act no. 108/2000 Coll. on consumer protection in domestic sales and mail order sales, as amended. In the event that the contracting party is an entrepreneur, the legal relations not regulated by these business conditions are governed by Act no. 513/1991 Coll. Commercial Code as amended.

1
Definition  
1.1  
In these General Terms and Conditions:
1.1.1  
"E-shop" means a computer program - an Internet application that is available on the Internet through the Internet addresses livkasmile.sk and livkasmile.com and livkasmile.de, whose main functionality is the display, selection and ordering of goods by the User;
1.1.2
“Consumer Contract” is a Purchase Contract if the contracting parties are the supplier on the one hand and the consumer on the other hand;
1.1.3
"Seller" (supplier) a person who, in concluding and fulfilling a consumer contract, acts within the scope of his business or other entrepreneurial activity. It is an entrepreneur who offers or sells products or provides services to the consumer and also an entrepreneur who supplies the product to the buyer directly or through other entrepreneurs;
1.1.4
"Consumer" (buyer) is a person who buys products or uses services for personal use or for members of his household, and who does not act within the scope of his business or other business when concluding and fulfilling a consumer contract activities;
1.1.5
A buyer who is not a consumer is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a purchase contract;
1.1.7
"Shopping Cart" means a part of the E-shop, which is automatically generated by the activation of the relevant functions by the User within his actions in the user environment of the E-shop, especially by adding or removing Goods or Services / or changing quantities of selected Goods or Services,
1.1.8
"Civil Code" means Act No. 40/1964 Coll., Civil Code as amended;
1.1.9
"Operator" means TASOLEX sro, IČO: 52 220 681, with the place of business Alžbetin dvor 1383, Miloslavov, 90042;
1.1.11
"Registration" means the electronic registration of the User in the E-shop database, by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data and their subsequent storage in the E-shop database; > 1.1.12
"User" means any legal or natural person who á uses the E-shop;
1.1.13
“User Account” means a part of the E-shop, which is established for each User by the Registration (i.e. it is unique for each User) and made available after entering the Access Data;
1.1.14
“Goods” means an item offered by the Operator for sale to the User via the E-shop and, if offered for the Goods, a license to use the item;
2
Contract Closing Process  
2.1
The Operator offers Users the conclusion of a Purchase Agreement through the E-shop. The offer for concluding the Purchase Agreement by the Operator is the display of a button marked "Order with the obligation to pay" in the user interface of the E-shop.
2.2
For the unconditional acceptance of the Operator's offer for the conclusion of the Purchase Agreement pursuant to para. 2.1 of these Business Conditions by the User is considered to be clicking on the given button marked "Order with the obligation to pay".
2.3
Unconditional acceptance of the offer according to par. 2.2 of these Business Conditions, the Purchase Agreement is concluded.
2.4
The contract is concluded when the electronic information about the click on the "Order with the obligation to pay" button reaches the user via the Internet to the server where the E-shop is installed.
2.5
The user undertakes to fill in the true and complete data in the appropriate text fields in the user environment of the E-shop, in particular to fill in his email address, identification data and possibly the delivery address truthfully. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not obliged or entitled to check the entered data.
2.6
The Operator will send the User an email message on the conclusion of the Purchase Agreement, to the email address entered by the User in the appropriate field in the user environment of the E-shop.
3
Purchase Agreement  
3.1
By concluding the Purchase Agreement, the following provisions become effective:
3.1.1
The User buys from the Operator Goods that the User has chosen in the user environment of the E-shop by adding them to the Shopping Cart, in quantity , which the User has chosen and / or set for the given Goods in the user environment of the E-shop and the User undertakes to pay the Operator for the given Goods the price which is stated for such Goods in the user environment of the E-shop.
3.1.2
The Operator has the right to withdraw from the Purchase Agreement until the moment the Goods are sent to the User, for any reason or without stating a reason. The legal action of the Operator consisting in notifying the User that the Goods ordered by him cannot be delivered is also considered a withdrawal from the Purchase Agreement.
3.1.3
The Operator is entitled to request the User to confirm the order at any time and until he receives the order confirmation from the User, he is entitled to delay the sending of the Goods to the User.
3.1.4
The method of packaging the Goods is determined exclusively by the Operator.
3.1.5
The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User in the amount specified for the order in the user environment of the E-shop.
3.1.6
The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and any other monetary benefits to the Operator.
3.1.7
If any of the payment methods contains information on the costs of making such a payment, the User is obliged to bear the costs of making this payment, which are listed for the payment in the user environment of the E-shop.
3.1.8
In the case of non-cash payment by bank transfer, the User is obliged to state the variable symbol specified by the Operator.
3.1.9
In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the bank account designated by the Operator.
3.1.10
The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods may not be combined with each other, unless expressly stated otherwise for a specific discount.
3.1.11
The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided to third parties in connection with the payment of the purchase price for the Goods; these costs are exclusively the costs of the User.
3.1.12
The Operator reserves the ownership right to the Goods, which is the subject of the Purchase Agreement until the full payment of the purchase price for the given Goods by the User.
3.1.13
The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All deadlines for delivery of the Goods stated in the user interface of the E-shop are for guidance only.
3.1.14
The Operator will always send the User a tax document - invoice in electronic form, to the User's email address entered with the order in the User Environment of the E-shop.
3.1.15
If the Operator together with the Goods provides a gift to the User, the donation contract between the User and the Operator is concluded with the untying condition that if there is a withdrawal from the Purchase Agreement, the donation contract is canceled without further notice from the beginning. with the purchase contract and the User is obliged to return the provided gift to the Operator together with the purchased goods.
3.1.16
The Operator provides the User with a guarantee for the purchased Goods, if the warranty period stated for the given Goods in the user environment of the E-shop, for the period of the stated warranty period, while this guarantee applies only to Consumers.
3.1.17
The User is entitled to exercise the rights arising from defective performance with the Operator at the address of its registered office and / or operation. The moment of filing a complaint is considered to be the moment when the Operator receives the claimed Goods from the User.
3.1.18
If it is stated within the user environment of the E-shop for the given Goods that it is used, the User buys the Goods in the used condition, including the stated defects of this Goods.
3.1.19
The risk of loss, damage and / or destruction of the Goods that are the subject of the Purchase Agreement passes to the User, who is the Consumer, at the moment of taking over the goods by the User.
3.1.20
The risk of loss, damage and / or destruction of the Goods that are the subject of the Contract passes to the User, who is not a Consumer, at the moment of taking over the goods by the User.
4
User account  
4.1
The User has the right to establish a User Account by Registration.
4.2
The User is obliged to enter Access Data before entering the User Account.
4.3
The identification data of the User entered during the Registration are considered to be the data entered during the order of each Goods, which the User makes after logging in to his User Account.
4.4
The User may not provide Third Parties with Access Data or any other access to the User Account. The user is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator of this fact without undue delay. The Operator shall provide the User with new access data within a reasonable period of time.
4.5
The Operator is entitled to unilaterally change these Business Conditions; will notify the User of the change via the E-shop and / or an email message to the User's email address entered in the E-shop database. The User has the right to reject changes to the Terms and Conditions within three working days from the first login to the User Account after notification of changes to the Terms and Conditions (in case of delivery via E-shop) or from delivery of the email to the User's email (in case of delivery by email). ) and the obligation to terminate for this reason within three working days' notice period, which the contracting parties mutually agree is sufficient to obtain similar services from another supplier.
5
Consumer Information  
5.1
The Consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of taking over the Goods. In the event that the subject of the Purchase Agreement is several other Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
5.2
If the Consumer withdraws from the Purchase Agreement, he is obliged to notify in writing the number of his bank account for a refund of the purchase price for the Goods, which may be reduced if legal reasons are met.
5.3
If the Consumer withdraws from the Purchase Agreement regarding the Goods that he returns damaged and / or worn to the Operator, especially if the original markings of the Goods (ie signs, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for the costs of placing Goods to their original condition.
5.4
In case of withdrawal of the Consumer from the Purchase Agreement, the Operator is obliged to return the purchase price to the Consumer without undue delay, no later than 14 days from the day when he was informed of the Consumer's decision to withdraw from the Purchase Agreement.
5.5
If the Consumer has received the Goods consisting of movable property on the basis of the Purchase Agreement, he is obliged to send it back to the Operator without undue delay, no later than 14 days from the date of withdrawal from the Purchase Agreement, or hand it over at operation or registered office of the Operator. The time limit shall be deemed to be complied with even if the movable property is sent to the Operator no later than the last day of the above-mentioned time limit.
5.6
The Consumer is liable to the Operator for the reduction of the value of the Goods as a result of handling these goods in a manner other than that necessary to become acquainted with the nature and properties of the Goods, including its functionality.
5.7
The form for withdrawal from the Purchase Agreement forms Annex no. 1 of these Terms and Conditions.
5.8
The operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the email address office@tasolex.com.
6
Complaints procedure  
6.1
The Operator is responsible to the Consumer that the Goods are free of defects upon receipt. This does not apply if the subject of the Purchase Contract is goods with defects, which the Operator, if known to him, or taking into account all circumstances should have been known to him, is obliged to notify the Consumer. 6.2. , or taking into account all the circumstances should have been known, notified the Consumer. If the defect concerns only a part of the Goods, the Consumer may only request the replacement of the given part of the goods; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6.3
The Consumer has the right to deliver new Goods or replace parts of goods even in the case of a remediable defect, if he cannot properly use the Goods due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4
If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects, or to replace its components or to repair the Goods, he may request a reasonable discount on the price of the Goods. The Consumer is entitled to a reasonable discount on the price of the Goods even if the Operator cannot deliver new Goods without defects, replace its part or repair the Goods, as well as if the Operator does not arrange a remedy within a reasonable time or if arranging a remedy caused the Consumer considerable difficulties.
6.5
The right of defective performance does not belong to the Consumer, if the Consumer knew before taking over the Goods that the Goods have a defect, or if the Consumer himself caused the defect.
6.6
The Operator's liability for defects of the Goods does not apply to wear and tear of the Goods caused by its normal use, for Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, for used Goods for a defect corresponding to the degree of use or wear which the Goods had when taken over by the Consumer, or if it follows from the nature of the Goods.
6.7
If the Goods are guaranteed, the Consumer has the right to claim liability for defective performance during the warranty period.
6.8
At the request of the Consumer, the Operator is obliged to provide the Consumer with a guarantee certificate. If the nature of the Goods allows it, it is sufficient to issue to the Consumer, instead of a guarantee certificate, a proof of purchase of the Goods containing the information which must be included in the guarantee certificate.
6.9
In the event that the Consumer exercises his right to eliminate defects of the Goods by repairing it, in the case of Goods where for the purposes of warranty repairs an entrepreneur is different from the Operator, whose registered office or place of business is in the same place as in the case of Of the Operator or at a place closer to the Consumer, the Consumer shall exercise the right to warranty repair at this entrepreneur.
6.10
Complaints about the Goods, including the elimination of defects of the Goods, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After this period, the Consumer has the same rights as if it were a material breach of the Contract.
6.11
The deadline for handling the complaint does not expire if the Operator has not received from the Consumer all documents necessary for handling the complaint, until the documents are delivered.
6.12
After the proper handling of the complaint, the Operator or the entity designated by it shall invite the Consumer to take over the repaired Goods.
6.13
The right to exercise rights from defects of the Goods expires in case of unprofessional assembly or unprofessional putting of the Goods into operation, as well as in case of unprofessional handling of it, i. especially when using the Goods in conditions that do not correspond with their parameters to the parameters specified in the documentation for the Goods.
6.14
The complaint protocol forms appendix no. 2 of these Business Conditions.
7
Alternative Dispute Resolution  
7.1
The Customer - Consumer - has the right to contact the Operator - the seller with a request for correction by e-mail office@tasolex.com if he is not satisfied with the way in which the Seller handled his complaint or if he believes that the seller violated his rights. If the seller responds to this request in the negative or does not respond to it within 30 days of its dispatch, the Consumer has the right to file a motion to initiate alternative dispute resolution to the subject of alternative dispute resolution (ADR entity) under Act 391/2015 Coll. ARS entities are bodies and authorized legal entities according to § 3 of Act no. 391/2015 Coll. The Consumer may submit the proposal in the manner specified pursuant to § 12 of Act no. 391/2015 Coll.
7.2
The consumer can also lodge a complaint through the RSO alternative dispute resolution platform, which is available online at: http://ec.europa.eu/consumers/odr/index_en.htm.
7.3
Alternative Dispute Resolution may only be used by the Consumer - a natural person who, in concluding and performing a consumer contract, does not act within the scope of his / her business activity, employment or profession. Alternative dispute resolution only concerns a dispute between the Consumer and the Seller, arising from a consumer contract or related to a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Consumer to pay a fee for initiating an alternative dispute resolution up to a maximum of EUR 5 with VAT.
8
Privacy  
8.1
When processing personal data The controller proceeds in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (hereinafter referred to as "GDPR") and Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.
8.2
Detailed information on how we collect, process and protect the personal data of our customers when using our services is governed by the privacy policy.
9
Cookies  
The Operator hereby informs the User that it processes the User's cookies, including persistent cookies, and the User agrees to this.
Consent under the previous paragraph is granted for a period of 24 months.
The Operator processes the User's cookies to personalize content and advertisements, to use social media functions and traffic analysis. The Operator Shares information on how the User uses the E-shop with his partners operating in the field of social media, advertising and analysis.
10
Using the E-shop  
10.1
The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Business Conditions.
10.2
The operator has the right to change the E-shop, ie its technical solution and / or user interface.
10.3
The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary due to maintenance or repair of the E-shop.
10.4
The user is obliged to comply with valid and effective legal regulations of the Slovak Republic and the European Community when using the E-shop. Any damage that would occur to the Operator or third parties by violating this obligation of the User, the User is obliged to compensate in full.
10.5
In the event of a breach of these Business Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.
11
Operator statements  
11.1
The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are performed systematically and are protected against changes.
11.2
Due to a technical error in the E-shop, the purchase price may be displayed for the Goods, the amount of which does not correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods for the displayed purchase price, contacts the User and notifies the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods for the actual purchase price and if not, the Purchase Agreement is canceled from the beginning .
11.3
The User acknowledges that the photographs of the Goods in the E-shop may be illustrated or may have a distorting impression as a result of their conversion into a technical device of the User, therefore the User is always obliged to get acquainted with the full description of the Goods and in case of any ambiguity, contact the Operator.
11.4
Contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the section livkasmile.sk/smetuprevas or livkasmile.com/wearehereforyou.
12
Right of withdrawal  
12.1
The Buyer is entitled to withdraw from the Purchase Agreement without giving a reason in accordance with Art. § 7 et seq. Act no. 102/2014 Coll. on consumer protection in distance selling (hereinafter referred to as the “Act on consumer protection in distance selling”) within 14 days of receipt of the goods, resp. from the date of concluding the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the Seller has fulfilled the information obligations pursuant to Art. § 3 of the Act on Consumer Protection in Distance Selling.
12.2
Within this period, the buyer has the right to unpack the goods after taking over and test them in a similar way as usual when buying in a classic "stone" shop, to the extent necessary to identify defects, properties and functionality of the goods.
12.3
The Buyer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit.
12.4
It is not possible to withdraw from the contract for goods enclosed in protective packaging, which should not be returned for health protection or hygienic reasons, and whose protective packaging was broken after delivery.
12.5
If the Buyer has already taken over the ordered goods, he is obliged to return them in the original undamaged packaging. In the event that the Buyer returns the ordered goods damaged, partially consumed or. in a condition which does not correspond to the condition in which it was sent by the Seller, acknowledges that the Seller is entitled to compensate the damage thus incurred, which the Seller is obliged to prove, from the amount paid by the Buyer for the ordered goods.
12.6
At the same time, the Buyer is obliged to state the contact details and the account number to which the amount for the ordered Goods is to be remitted by the Seller in withdrawal from the contract. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract to return to the buyer all payments received from him under the contract or in connection with it. The Seller is not obliged to return these payments to the Buyer before the goods are delivered to him or until the Buyer proves the return of the goods to the Seller, unless the Seller proposes to pick up the goods in person or through a person authorized by him.
12.7
If the Buyer withdraws from the Purchase Agreement, it is canceled from the beginning, as well as any additional contract related to the Purchase Agreement, from which the Buyer withdrew. It is not possible to demand from the Buyer any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in Art. § 9 par. 3, par. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for a Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.
12.8
The Buyer bears the costs of returning the goods to the Seller or a person authorized by the Seller to take over the goods. This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling.
12.9
The Buyer is only responsible for the reduction in the value of the goods, which arose as a result of such handling of the Goods, which is beyond the scope of treatment necessary to determine the properties and functionality of the Goods. The Consumer is not responsible for the reduction of the value of the Goods if the Seller has not fulfilled the information obligation about the Consumer's right to withdraw from the contract according to § 3 par. 1 letter h) of the Act on Consumer Protection in Distance Selling.
12.10
In the event that the Buyer withdraws from the contract and delivers to the Seller Goods that are used, damaged or incomplete, the Buyer undertakes to pay the Seller the value by which the value of the Goods has decreased in accordance with Art. § 457 of the Civil Code in the actual amount and costs incurred by the Seller in connection with the repair of the Goods and its restoration to the original condition calculated according to the price list for (after) warranty service of the Goods. Pursuant to this point of the complaint and business conditions, the Buyer is obliged to pay the Seller compensation in the amount of the difference between the purchase price of the Goods and the value of the Goods at the time of withdrawal from the Purchase Agreement.
12.11
In accordance with para. § 7 par. 6 of the Act on Consumer Protection in Distance Selling The buyer may not withdraw from the contract, the subject of which is:
sale of goods made according to the special requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
sale of goods concluded in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
sale of sound recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer unpacked this packaging,
the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract.
sale of goods which have been assembled, assembled or used in such a way after the conclusion of the contract and the takeover of the goods from the seller to the buyer in such a way that their restoration by the seller is not possible without increased effort and increased costs, e.g. folded or assembled furniture, etc.
13
Final provisions  
13.1
The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on the protection of consumers in respect of distance selling.
13.2
The supervisory authority is the Slovak Trade Inspection Authority.
13.3
The Consumer has the opportunity to turn to the ADR body, which is (albeit only non-binding) entitled to assess any disputes between the Consumer as an E-shop customer and the E-shop Operator.
13.4
These business and complaint conditions take effect against the Buyer by concluding the Purchase Agreement.
14
Governing Law  
14.1
These Business Terms and Conditions, as well as the Purchase Agreement, are governed by the law of the Slovak Republic.
15
Efficiency  
15.1
These Terms and Conditions are effective as of December 1, 2020.