Terms and conditions

GENERAL TERMS AND CONDITIONS FOR E-SHOPS

These general terms and conditions ("Conditions") regulate the rights and obligations of you, as buyers, and us, as sellers, or merchants, within the framework of contractual relationships concluded through distance communication, specifically through the E-shop on the website www.conceptcoffee.sk.

All information about the processing of your personal data is contained in the personal data processing principles, which you can find here [TO BE COMPLETED].

As you surely know, we primarily communicate remotely. Therefore, for our Contract, it also applies that means of distance communication are used, which allow us to agree without our and your simultaneous physical presence.

If any part of the Conditions contradicts what we have jointly approved in the process of your Order on Our E-shop, this specific agreement will take precedence over these Conditions.

SOME DEFINITIONS

Digital fulfillment is everything you can purchase on the E-shop by concluding a Contract for the provision of digital fulfillment and simultaneously consists of data created and delivered in digital form or a digital service that allows you to create, process, store data in digital form or access such data.

Price is the financial amount you will pay for the Goods;

Shipping price is the financial amount you will pay for the delivery of the Goods, including the price for its packaging, transport, postage or other fees;

Total price is the sum of the Price and the Shipping Price, any other costs and fees, if these could not be determined in advance;

VAT is value added tax according to valid legal regulations;

E-shop is an online store operated by Us at www.conceptcoffee.sk, where the purchase of Goods will take place;

Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

We are the company Heavy Soul s.r.o., with registered office Mierová 16, 92101 Piešťany, Slovakia, ID 48053511, registered in the Commercial Register kept by the District Court Trnava, section s.r.o., file no. 35424/T, email shop@conceptcoffee.sk, phone number 00421949205711, legally designated as seller and/or merchant; For the avoidance of doubt, we are not operators of an online marketplace, and therefore we are not persons who operate and provide an online marketplace to Consumers, not even through a third party, and therefore the specific information obligations under § 16 and § 17 of the Consumer Protection Act do not apply to us.

Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;

Entrepreneur is a person registered in the Commercial Register, doing business on the basis of a trade license, doing business on the basis of a non-trade license according to special regulations or a person who carries out agricultural production and is registered in the register according to a special regulation.

Consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his commercial activity or other business activity.

Consumer purchase contract is a purchase contract concluded between a merchant as seller and a Consumer as buyer, if the subject of the purchase is any movable item, including an item with digital elements, water, gas or electricity sold in a limited volume or in a specified quantity, even if the item is yet to be manufactured or produced, inter alia, according to the specifications of the Consumer as buyer.

Goods is everything you can purchase on the E-shop, including movable Goods containing Digital content or Digital services**;**

User account is an account established on the basis of the data provided by you, which allows the storage of entered data and the storage of the history of ordered Goods and concluded contracts or access and use of Digital content delivered under the Contract for the provision of digital fulfillment;

You are the person purchasing on Our E-shop, legally designated as the buyer. If you provide your identification number (IČO) in the order, you acknowledge that the provisions of these Conditions that are specifically intended for Entrepreneurs, as well as the mutually agreed conditions between us, will apply to you, while you still have the right, within the limits of relevant legal regulations, to full protection against unfair and aggressive commercial practices and against misleading conduct and misleading omission of conduct;

Contract is a purchase contract agreed upon on the basis of a duly completed Order sent via the E-shop, and is concluded at the moment when you receive confirmation of the Order from Us. The Contract also includes a contract for the purchase of an item with digital elements and a contract for the provision of digital fulfillment. In the event that these Conditions refer in their individual parts or individual points specifically to a contract for the purchase of an item with digital elements or to a contract for the provision of digital fulfillment, such specific regulation applies only to the Goods and/or Digital fulfillment provided on the basis of the given contract type.

Distance contract is a contract between a merchant and a Consumer agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the merchant and the Consumer, especially by using an online interface, electronic mail, telephone, fax, addressed letter or offer catalog ("Contract").

Civil Code is Slovak Act No. 40/1964 Coll. as amended.

Consumer Protection Act is Slovak Act No. 108/2024 Coll. on consumer protection and on the amendment and supplementation of certain laws.

GENERAL PROVISIONS AND INSTRUCTION

The purchase of Goods is only possible through the E-shop's web interface.

When purchasing Goods, it is your duty to provide Us with all information correctly, completely and truthfully. The information you provided to Us when ordering the Goods will therefore be considered correct, complete and truthful.

CONCLUSION OF THE CONTRACT

The Contract with Us can only be concluded in Slovak and English.

The Contract is concluded remotely via the E-shop, while you bear the costs of using the means of communication that you use when concluding the Contract remotely. These costs do not increase the Total Price of the Goods, nor do they differ in any way from the basic rate you pay for using these means (i.e., especially for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to the use of means of distance communication.

In order for us to conclude the Contract, it is necessary for you to create an Order proposal on the E-shop. This proposal must contain the following data:

Information about the purchased Goods (on the E-shop you indicate the Goods you are interested in purchasing with the "Add to cart" button);

Information about the Price, Shipping Price, VAT, method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered during the creation of the Order proposal within the user environment of the E-shop, while information about the Price, Shipping Price, VAT and Total Price will be automatically entered by Us in the Order proposal based on your chosen Goods and method of its delivery;

Your identification data serving for us to deliver the Goods, especially in the scope of name, surname, delivery address, phone number and e-mail address;

In the case of a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.

During the creation of the Order proposal, you can change and check the data until its creation.

After checking by pressing the "Order with payment obligation" button, you will create the Order. Before pressing the button, you must also confirm that you have duly familiarized yourself with the Conditions and that you express your agreement with them, otherwise it will not be possible to create the Order. A checkbox serves for confirmation and agreement. After pressing the "Order with payment obligation" button, all filled-in information will be sent directly to Us.

We will confirm your Order as soon as possible after it is delivered to Us, by a message sent to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Conditions. By confirming the Order on our part, the Contract between Us and You is concluded. The Conditions in the wording effective on the date of the order form an integral part of the Contract.

There may also be cases where we will not be able to confirm your Order. This applies especially to situations where the Goods are not available or cases where you order a larger number of pieces of Goods than is allowed on our part. However, we will always provide you with information about the maximum number of pieces of Goods in advance within the E-shop, so it should not be surprising for you. In the event that any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude a Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment when you confirm Our offer.

In the event that a clearly erroneous Price is stated within the E-shop or in the Order proposal, especially due to a technical error, we are not obliged to deliver the Goods to you at this Price, even if you have received confirmation of the Order, and thus the Contract has been concluded. In such a situation, we will contact you immediately and in such a case we will be entitled to withdraw from the Contract, and we will send you this withdrawal from the Contract together with an offer to conclude a new Contract in a modified form compared to the Order. In such a case, the new Contract is concluded at the moment when you confirm Our offer. In the event that you do not confirm Our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded Contract. A clear error in the Price is considered, for example, a situation where the Price clearly does not correspond to the usual price of other sellers at the time of the Order creation or a digit is clearly missing or additionally stated in the Price.

In the event that the Contract is concluded, you incur an obligation to pay the Total Price.

If you have a User Account, you can place an Order through it. Even in such a case, however, you have a duty to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is identical to that of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.

In some cases, we allow you to use a discount for the purchase of Goods. To provide a discount, you must fill in the details of this discount in the pre-determined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

USER ACCOUNT

Based on your registration within the E-shop, you can access your User Account.

When registering a User Account, it is your duty to provide all entered data correctly and truthfully and to update them in case of changes.

Access to the User Account is secured by a username and password. Regarding these access data, it is your duty to maintain confidentiality and not to provide these data to anyone. In the event of their misuse, we bear no responsibility for it.

The User Account is personal and you are therefore not authorized to allow its use by third parties.

We may cancel your User Account, especially if you do not use it for longer than 12 consecutive months, after your withdrawal from the Contract or in the event that you violate your obligations under the Contract.

The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

The Price is always stated within the E-shop, in the Order proposal and in the Contract. In case of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal will apply, which will always be identical to the price in the Contract. The Order proposal also states the Shipping Price, or the conditions under which shipping is free.

The Total Price according to point 1.4 is stated including VAT, including all fees stipulated by special legal regulations.

We will require payment of the Total Price from you after the conclusion of the Contract and before the handover of the Goods. You can pay the Total Price in the following ways:

Bank transfer. We will send you payment information within the Order confirmation. In case of payment by bank transfer, the Total Price is due within 1 day of the order.

Online card. In such a case, payment is made through the COMGATE payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available at: https://www.comgate.cz/platebni-brana. In case of online card payment, the Total Price is due immediately**.**

Cash on delivery. In such a case, payment will be made upon delivery of the Goods against the handover of the Goods. In case of cash on delivery payment, the Total Price is due upon receipt of the Goods.

In cash upon personal collection. Cash payment is possible for Goods collected at selected establishments, the list of which is available on our website. In case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.

The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address provided in the Order. The invoice will also be physically attached to the Goods and available in the User Account, if you have one.

Ownership of the Goods passes to you only after you pay the Total Price and the Goods are delivered to you. In case of payment by bank transfer, the Total Price is paid when the funds are credited to Our account, in other cases it is paid at the moment of payment.

DELIVERY OF GOODS, TRANSFER OF RISK OF ACCIDENTAL DESTRUCTION AND ACCIDENTAL DETERIORATION AND LOSS OF THE SUBJECT OF PURCHASE

The Goods will be delivered to you in the manner of your choice, and you can choose from the following options:

Personal collection at Our establishment/s, the list of which is available on Our website;

Personal collection at Packeta collection points;

Delivery via transport companies GLS and Packeta.

Goods can only be delivered within the European Union.

We are obliged to deliver the Goods to you without undue delay, but no later than within 30 days from the date of conclusion of the Contract, unless we agree otherwise. The Goods are delivered at the moment when you take them over or a person designated by you takes them over, or when we hand them over to a carrier whom you have entrusted outside the transport options we have offered you. If the Goods require assembly or installation on Our part, the Goods are considered delivered only upon completion of assembly or installation. Goods with digital elements are considered delivered at the moment when the relevant digital content or digital service is made available to you for download and installation, or if it is a continuous delivery of digital content or provision of a digital service for the agreed period, at the moment its availability to you begins.

When fulfilling the Contract, circumstances may arise that will affect the delivery date of the Goods you ordered. We will inform you immediately by e-mail about the change in the delivery date and the new estimated delivery date of the ordered Goods, and your right to withdraw from the Contract is not affected by this. Our notification of the new delivery date of the Goods also includes Our request addressed to you to express whether you insist on the delivery of the Goods you ordered at the new date. In case of personal collection at Our establishment, we will always inform you about the possibility of collecting the Goods via e-mail.

When taking over the Goods from the carrier, it is your duty to check the integrity of the Goods' packaging and, in case of any damage, to immediately notify the carrier and Us of this fact. In the event that the packaging has been damaged, which indicates unauthorized manipulation and entry into the shipment, you are not obliged to take over the Goods from the carrier.

You are obliged to take over the Goods at the agreed place and time. If you do not take over the delivered Goods according to the previous sentence, we will notify you by e-mail where you can take over the Goods, including the deadline for their takeover, or we will redeliver the Goods to you based on your written request sent no later than 14 days from when you were supposed to take over the Goods, and you undertake to pay us all costs associated with the repeated delivery of the Goods at your request. In the event that you violate your obligation to take over the Goods, with the exception of cases according to point 6.4 of these Conditions, this does not result in a violation of Our obligation to deliver the Goods to you. At the same time, your failure to take over the Goods is not a reason for withdrawal from the Contract between Us and You. If you do not take over the Goods even within the additional period, we acquire the right to withdraw from the Contract due to your substantial breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to compensation for the incurred damage in the amount of the actual costs of the attempt to deliver the Goods at your request, or any other claim for damages, if any.

If, due to reasons arising on your part, the Goods are delivered repeatedly or in a different way than agreed in the Contract, it is your duty to compensate Us for the costs associated with this repeated delivery at your request. We will send you the payment details for these costs to your e-mail address provided in the Contract and they are due within 14 days from the date of sending the e-mail.

The risk of accidental destruction, accidental deterioration and loss of the Goods passes to you at the moment of delivery of the Goods. In the event that you do not take over the Goods or refuse to take them over, with the exception of cases according to point 6.4 of these Conditions, the risk of accidental destruction and accidental deterioration and loss of the Goods passes to you at the moment when you had the opportunity to take them over, but due to reasons on your part, the takeover did not occur. The transfer of the risk of accidental destruction and accidental deterioration and loss of the Goods for you means that from this moment you bear all consequences associated with the loss, destruction, damage or any depreciation of the Goods.

RIGHTS FROM LIABILITY FOR DEFECTS

Introductory provision on liability for defects

In the event that you are an Entrepreneur, we undertake to deliver the Goods to you in the agreed quality, quantity and without defects.

In the event that you are a Consumer, we undertake to deliver the Goods to you in accordance with the general requirements according to § 617 of the Civil Code and the agreed requirements according to § 616 of the Civil Code presented properties of the Goods you ordered on Our E-shop or on Our promotional materials in relation to the delivered Goods, and without defects. The Goods do not have to comply with the general requirements according to § 617 of the Civil Code if, at the conclusion of the Contract, we explicitly informed you that a certain property does not comply with such general requirements and you explicitly and specifically agreed to it.

The sold Goods comply with the general requirements according to § 617 of the Civil Code if:

it is suitable for all purposes for which Goods of the same type are normally used, taking into account in particular legal regulations, technical standards or codes of conduct applicable to the relevant industry, if technical standards have not been developed;

it corresponds to the description and quality of the sample or model that we made available to you before the conclusion of the Contract;

it is supplied with accessories, packaging and instructions, including assembly and installation instructions, which you can reasonably expect;

d) it is supplied in a quantity, quality and with properties including functionality, compatibility, safety and the ability to maintain its functionality and performance (durability) during normal use, which are common for Goods of the same type and which you can reasonably expect given the nature of the sold Goods, taking into account any public statement of ours or a public statement of another person in the same supply chain, including the manufacturer, or on their behalf, especially in the promotion of the Goods or on its labeling, whereby the manufacturer is considered to be the manufacturer of the Goods, the importer of the Goods to the European Union market from a third country or another person who designates himself as the manufacturer by placing his name, trademark or other distinguishing mark on the Goods. We are responsible for defects that the Goods have at the time of their delivery to the extent of Our obligation stated in Art. 7.1.1. or 7.1.2. of these Conditions.

If you are an Entrepreneur, we are not responsible for defects of the Goods in the following cases:

if you were informed about existing defects or you had to know about the defects based on the circumstances of the conclusion of the Contract and these defects are not in conflict with the agreed properties of the Goods;

if the defects of the Goods arose after you took over the Goods, provided that the defects did not arise due to a breach of Our obligations or you had the opportunity to take over the Goods according to Art. 6. of these Conditions and you refused to take over the Goods without legal reason or you did not take over the Goods;

if you did not claim obvious defects of the Goods in time according to Art. 7.3.1. of these Conditions;

if you did not claim hidden defects of the Goods in time according to Art. 7.3.2. of these Conditions;

for used Goods, we are not responsible for defects arising from their use or wear and tear. For Goods sold at a lower price, we are not responsible for defects for which a lower price was agreed.

If you are a Consumer, we are not responsible for defects and properties of the Goods in cases where:

you did not claim defects of the Goods in time within the period specified in point 7.4.1. of these Conditions;

the properties of the Goods do not correspond to the general requirements according to § 617 of the Civil Code, while you were clearly informed by Us in writing about this fact and you explicitly expressed explicit written consent with the stated non-compliance;

it concerns a contract for the purchase of Goods with digital elements or a contract for the provision of digital fulfillment

and defects of the Goods arose due to incorrect installation or non-installation of necessary updates, if we ensured the delivery of such updates to you, informed you about their availability and the consequences in case you do not install them;

and the non-installation or incorrect installation of necessary updates, as a result of which defects arose in the Goods, was not caused by deficiencies in the instructions for their installation provided by Us;

The general warranty period is 24 months. The warranty period begins to run from the moment you take over the Goods.

If the Goods are exchanged, the warranty period begins to run again from the takeover of the new Goods by you.

Your rights from liability for defects of the Goods, for which the warranty period applies, will expire if you do not exercise them within the warranty period. However, rights from liability for defects of Goods that spoil quickly must be exercised no later than the day following the purchase, otherwise your rights will expire.

The sold Goods have defects if they do not comply with the agreed requirements and general requirements according to the points above or if their use is prevented or limited by the rights of a third party, including intellectual property rights. We guarantee that at the time of the transfer of the risk of accidental destruction and accidental deterioration and loss of the Goods according to point 6.8 of the Conditions, the Goods are free of defects, in particular, that:

it corresponds to the description, type, quantity and quality and has the properties that we agreed with you, and if not explicitly agreed, then those that we stated in the description of the Goods, or those that can be reasonably expected given the nature of the Goods;

it is suitable for the purposes we stated or for purposes that are customary for Goods of this type and is functional;

it is characterized by a defined ability to function with hardware or software with which Goods of the same type are commonly used, without the need to change the sold Goods, hardware or software (compatibility) and a defined ability to function with hardware or software different from those with which Goods of the same type are commonly used (interoperability);

it is supplied with all accessories and instructions, if so agreed with you in the Contract;

updates defined in the Contract are delivered, if it is Goods with digital elements.

Conditions for exercising the right from liability for defects (complaints) specifically for Entrepreneurs

It is your duty to notify and claim a defect without undue delay after you could have discovered it, but no later than 3 days from the takeover of the Goods.

The right from liability for other defects (hidden), you are obliged to exercise in the manner according to point 7.5.1. below without undue delay after you discovered the defect in the Goods, but no later than the expiration of the warranty period.

If the Goods are delivered to you in a damaged or broken package or the shipment is clearly too light, we ask you not to take over such Goods from the transport company and to notify us of this fact immediately on the phone number 00421949205711 or by e-mail to shop@conceptcoffee.sk. In case of discovery of obvious defects (e.g., mechanical damage), you are obliged to claim a complaint without undue delay in the manner according to point 7.5.1. below. We will not take into account a later claimed complaint due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.

The warranty covers all defects of the Goods described in point 7.2. and/or in conflict with our obligation in point 7.1.1a. of these Conditions.

You are not entitled to exercise the right from liability for a defect if we are not responsible for the defects in the sense of point 7.1.5. of these Conditions or according to the legal regulation valid and effective at the time of the conclusion of the Contract or if you knew about the defect before taking over the Goods, or we warned you about it or you were provided with a reasonable discount from the Price of the Goods for that reason.

Conditions for exercising the right from liability for defects (complaints) specifically for Consumers

You have the right to exercise your rights from liability for defects that occur in the received Goods within 2 months from the discovery of the defect, but no later than 24 months from the delivery of the Goods. If the subject of the purchase is Goods with digital elements, for which digital content is to be delivered or a digital service is to be provided continuously for the agreed period, we are responsible for every defect of the digital content or digital service that occurs or manifests itself during the entire agreed period, but for at least 2 years from the delivery of the Goods with digital elements.

If the Goods are delivered to you in a damaged or broken package or the shipment is clearly too light, we recommend that you do not take over such Goods from the transport company and that you notify us of this fact immediately on the phone number 00421949205711 or by e-mail to shop@conceptcoffee.sk. If you decide to take over such a shipment, it is necessary to check the shipment in the presence of the carrier and make sure that no items of the Goods are missing and that all items of the Goods are in order. If, when checking the shipment according to the previous sentence, you find that the condition or number of items of the ordered Goods is not in accordance with what you ordered, we recommend that you draw up a Record of Damage to the Shipment with the carrier or claim such a deficiency in the carrier's takeover protocol.

In case of additional discovery of obvious defects after taking over the Goods (e.g., mechanical damage, missing Goods or its items, incorrect Goods or its items), we ask you to claim a complaint without undue delay in the manner according to point 7.5.1. below. We are entitled to refuse a later claimed complaint due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.

You are not entitled to exercise the right from liability for defects if we are not responsible for the defects in the sense of point 7.1.6. of these Conditions or according to the legal regulation valid and effective at the time of the conclusion of the Contract.

You are entitled to exercise the right from liability for defects in the manner according to point 7.5.1. and within the period specified in point 7.4.1 of these Conditions.

Exercising the right from liability for defects (complaints)

In the event that the Goods have a defect, i.e., especially if any of the conditions according to point 7.1 7. are not met, you can notify Us of such a defect and exercise your rights from liability for defects (i.e., complain about the Goods) by sending an e-mail or letter to Our addresses stated in Our identification data, or in person at Our establishment/s, the list of which is available on our website. You can also use the sample form provided by Us, which forms Annex No. 1 to these Conditions, for a complaint.

In your notification, by which you claim a complaint, state primarily a description of the defect of the Goods and your identification data, including the e-mail address to which you wish to receive notification of the method of handling the complaint, and also state which of the claims from liability for defects, specified in point .7.6.3. to .6.8., you are claiming.

When claiming a complaint, also provide us with a proof of purchase of the Goods (invoice), in order to prove its purchase from Us, otherwise we are not obliged to recognize your complaint.

The day of claiming a complaint is considered to be the day of delivery of the defective Goods together with the relevant documents (according to point 7.5.3). In the event that your submission, by which you claim a complaint, is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will ask you in writing, especially by e-mail, to supplement the submitted complaint. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.

When we receive your complaint or your supplemented complaint, we will immediately issue a written confirmation of receipt of the complaint, or confirmation of the claim of the defect. In the confirmation, we will state the shortest possible period determined according to point 7.6.1., within which we will remove the claimed defect of the Goods.

If you do not supplement the submitted complaint in the sense of point 7.5.4. of this article without undue delay, no later than 10 days from the date of delivery of Our request according to point 7.5.4. of this article, we will consider your submission unfounded and if the required missing information, for which you were requested to supplement, is necessary for handling the complaint, we may decide not to deal with such an incomplete complaint.

Handling of complaints

Based on your decision, which of the methods of defect removal specified in points 7.6.3. and 7.6.4. to 7.6.8 you apply, we will remove the defect within a reasonable period, which we need to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and seriousness of the defect, and which will not exceed more than 30 days from the date of claiming your complaint, or from the date of claiming the defect. We do not provide consumer warranty according to § 626 of the Civil Code. We are not obliged to accept your chosen method of defect removal if your chosen method is not possible or would cause us disproportionate costs, taking into account the Price of the Goods and the seriousness of the defect.

Only in exceptional cases and for objective reasons can we extend the period for defect removal stated in the confirmation of receipt of the defect claim by the shortest necessary time We may extend the period for removing the defect specified in the confirmation of receipt of the defect claim only in exceptional cases and for objective reasons, by the shortest time necessary to remove the defect. We will inform you in writing of such an extension of the defect removal period.

If the defect can be removed by repair, you have the right to have the defect repaired free of charge, in a timely and proper manner at Our expense.

Instead of removing the defect by repair, you can demand the replacement of the Goods.

Instead of removing the defect of the Goods by repair, We can always replace the defective Goods with faultless ones, if this does not cause you serious difficulties.

After the expiration of the period for removing the defect, you have the right to a reasonable discount from the Price of the Goods or you can withdraw from the Contract. You also have the same rights in cases where we do not repair the defect or do not replace the Goods, refuse to repair or replace the Goods because neither repair nor replacement is possible or if it would require disproportionate costs, the Goods still have the same defects despite their repair or replacement or we inform you that the defect cannot be repaired or the Goods replaced within a reasonable period or without causing you serious difficulties. The discount from the purchase price must be proportionate to the difference between the value of the sold Goods and the value that the Goods would have if they were without defects. We will pay you the purchase price or the payment of the discount from the purchase price in the same way you used to pay the purchase price, unless we explicitly agree on another method of payment. We bear all costs associated with the payment.
You cannot withdraw from the Contract according to point 7.6.6 if you contributed to the defect or if the defect is negligible. If the Contract concerns several Goods, you can withdraw from the Contract only in relation to the defective Goods. In relation to other Goods, you can withdraw from the Contract only if it cannot be reasonably expected that you will be interested in keeping the other Goods without the defective Goods.

If the defect of the Goods cannot be removed and prevents you from properly using the Goods as goods without defects, you have the right to exchange the Goods or you have the right to withdraw from the Contract. You have the same rights if there are removable defects, but you cannot properly use the Goods due to repeated occurrence of the defect after repair or due to a larger number of defects.

We will handle your complaint, or defect claim, by handing over the repaired Goods, exchanging the Goods, paying a reasonable discount from the Price of the Goods, or by a written justified refusal of liability for defects, i.e., refusing your complaint.

If you are a Consumer, the exercise of rights from liability for defects of the Goods is governed by the provisions of § 619 et seq. of the Civil Code and the Consumer Protection Act. no. ").

If we refuse liability for defects, or refuse your complaint, you have the right to contact an accredited person, authorized person or notified person (e.g., an expert, authorized, accredited or notified person, authorized service, scientific institution, etc.) to provide you with an expert opinion or professional statement, by which you will prove Our liability for defects of the Goods.

In the event that you prove our liability for defects of the Goods according to point 7.8, you have the option to repeatedly claim defects of the Goods from us, and it applies that we cannot refuse this liability and therefore we will be obliged to deal with your complaint again.

We bear the costs associated with obtaining an expert opinion or professional statement according to point 7.8 of these Conditions, but you must claim them from Us no later than 2 months from the handling of the repeated complaint.

We have hereby duly instructed you about your rights related to claiming liability for possible defects of the Goods. By concluding the Contract, you confirm that you had the opportunity to read the conditions for claiming Goods in advance and properly and that you understand them.

WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract, i.e., the termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the ways stated in this article, or in other provisions of the Conditions, in which the possibility of withdrawal is explicitly stated.

If you are a Consumer, you have the right, in accordance with the provision of § 20 of the Consumer Protection Act, to withdraw from the Contract without giving a reason within 14 days from the date of taking over the Goods, or concluding the Contract, the subject of which is the provision of a service, or concluding a Contract for the delivery of digital content, which we deliver otherwise than on a tangible medium. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of taking over the last part of the Goods, and in the event that we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it begins to run on the day of taking over the first delivery. You can withdraw from the Contract in any verifiable way (especially by sending an e-mail or letter to Our addresses stated in Our identification data in the Conditions). You can also use the sample form provided by Us, which forms Annex No. 2 to the Conditions, for withdrawal. You are entitled to withdraw from the Contract even only in relation to specific Goods or Goods, if we have delivered or provided several Goods on the basis of the Contract. The effects of withdrawal from the Contract also apply to any supplementary contract to the Contract, this does not apply if we explicitly agree otherwise. Upon receipt of the notification of withdrawal from the Contract, we will immediately provide you with Our confirmation of its delivery by e-mail or on a durable medium.

If you are a Consumer and we do not deliver the Goods to you on time, you are entitled to withdraw from the Contract even without providing an additional reasonable period according to § 517 par. 1 of the Civil Code, if (i) we refuse to deliver the Goods to you, (ii) timely delivery was extremely important given all the circumstances of the conclusion of the Contract, (iii) you informed Us before the conclusion of the Contract that timely delivery is extremely important.

However, even as a Consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:

the provision of a service, if the service has been fully provided and the provision of the service began before the expiration of the period for withdrawal from the Contract with your explicit consent and at the same time you declared that you were duly instructed that by expressing consent you lose the right to withdraw from the Contract after the full provision of the service, if you are obliged to pay the Price according to the Contract;

the sale of Goods, the Price of which depends on price movements on the financial market, which we cannot influence and which may occur during the period for withdrawal from the Contract;

the sale of alcoholic beverages, the Price of which was agreed at the time of the conclusion of the Contract, while their delivery can be made no earlier than after 30 days and their Price depends on price movements on the market, which we cannot influence;

the sale of Goods that were made according to your specifications or that were custom-made for you;

the sale of Goods that are subject to rapid deterioration or spoilage and Goods that were inseparably mixed with other goods after delivery;

the sale of Goods sealed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery;

the sale of audio recordings, video recordings, audiovisual recordings or software sold in protective packaging, if the original packaging was broken after delivery of the Goods;

the sale of periodicals with the exception of sales based on a subscription contract;

the delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior explicit consent before the expiration of the period for withdrawal from the Contract and We informed you that you do not have the right to withdraw from the Contract.

The period for withdrawal according to Art. 8.2 of the Conditions is considered to be observed if you send Us a notification that you are withdrawing from the Contract within its duration (but no later than on its last day).

In case of withdrawal from the Contract, the Price will be returned to you within 14 days from the date of delivery of the notification of withdrawal to your bank account from which it was credited, or to your bank account chosen in the withdrawal from the Contract. However, the amount will not be returned sooner than you return the Goods to Us. Please return the Goods to Us clean, if possible including the original packaging.

In case of withdrawal from the Contract according to Art. 8.2 of the Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal, hand over the Goods to Us or a person authorized by Us to take over the Goods, and you bear the costs of returning the Goods to Us. This does not apply if we agree that we will pick up the Goods in person or through a person authorized by Us. The period is observed if the Goods were handed over for transport no later than on the last day of the period. You, on the other hand, have the right to have us return the Shipping Price to you, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods. The above in the first sentence of this point also applies to the return of the tangible medium on which the Digital fulfillment was delivered to you under the Contract for the provision of digital fulfillment. After your withdrawal from the Contract for the provision of digital fulfillment, we are also entitled to prevent you from further using the Digital fulfillment, in particular, by restricting access to the Digital fulfillment or by canceling your user account. If the subject of the Contract from which you are withdrawing is the provision of a service, you are obliged to pay Us the Price for the actually provided performance until the day of delivery of the notification of withdrawal from the Contract, if you gave explicit consent to the commencement of the provision of the service before the provision of the performance.

You are liable for damages in cases where the Goods are damaged as a result of your handling of them otherwise than is necessary to handle them with regard to their nature and properties. In such a case, we will charge you for the caused damage after the Goods are returned to Us and the due date of the charged amount is 14 days.

We are entitled to withdraw from the Contract due to stock depletion, unavailability of Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Contract interrupted production or made significant changes that made it impossible to fulfill Our obligations under the Contract or due to force majeure, or if even with all Our efforts that can be reasonably required from Us, we are unable to deliver the Goods to you within the period specified by these Conditions. In these cases, we are obliged to inform you of this fact without undue delay and return to you the already paid Total Price for the Goods, within 14 days from the date of notification of withdrawal from the Contract. We will return the paid Total Price for the Goods to you in the same way you paid the Total Price, while this does not affect the right to agree with you on another method of payment return, if no additional fees are charged to you in connection with this.

We are also entitled to withdraw from the Contract if you have not taken over the Goods within 5 working days from the day you were obliged to take over the Goods.

SUBMISSION OF INITIATIVES AND COMPLAINTS

As a Consumer, you are entitled to submit initiatives and complaints in writing, via email: podnety@soi.sk.

We will inform you about the assessment of the initiative or complaint by e-mail sent to your e-mail address.

The supervisory authority is primarily the Slovak Trade Inspection (SOI), SOI Inspectorate for Trnava Region, Pekárska 23, 917 01 Trnava, Supervision Department, tel. 033/321 25 27.

An initiative to carry out an inspection, if you are not satisfied with the handling of your initiative or complaint, can also be submitted electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.

ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS

You have the right to contact Us with a request for redress, via e-mail sent to: shop@conceptcoffee.sk, if you are not satisfied with the way we handled your complaint or if you believe that we have violated your rights. If we respond to your request negatively or do not respond to it within 30 days of its dispatch, you have the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity ("Entity") according to Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on the amendment and supplementation of certain laws, as amended ("Act on Alternative Dispute Resolution").

The Entities are bodies and authorized legal entities according to § 3 of the Act on Alternative Dispute Resolution and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

You can submit a proposal in the manner specified in § 12 of the Act on Alternative Dispute Resolution.

Furthermore, you have the right to initiate out-of-court dispute resolution online through the ODR platform available on the website https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

FINAL PROVISIONS

All written correspondence with you will be delivered by electronic mail. Our e-mail address is stated in Our identification data. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account or through which you contacted us.

The Contract can only be changed on the basis of our written agreement. However, we are entitled to change and supplement these Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. However, we will inform you about the change only if you have created a User Account (so that you have this information if you order new Goods, but the change does not establish the right of termination, as we do not have a concluded Contract that could be terminated), or if we are to deliver Goods to you regularly and repeatedly on the basis of the Contract. We will send you information about the change to your e-mail address at least 14 days before the effective date of this change. If we do not receive a notice of termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new conditions become part of our Contract and will apply to the next delivery of Goods following the effective date of the change. The notice period in case you give notice is 2 months.

In case of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not responsible for damages caused as a result of or in connection with cases of force majeure or unforeseeable events, and if this state lasts for more than 10 days, both We and You have the right to withdraw from the Contract in writing.

An integral part of the Conditions is a sample form for a complaint (Annex No. 1) and a sample form for withdrawal from the Contract together with instructions (Annex No. 2).

The Contract, including the Conditions, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Conditions and order confirmations with a summary of the Order by e-mail and you will therefore always have access to the Contract even without Our cooperation. We recommend always saving the order confirmation and Conditions.

Our activities are not subject to any codes of conduct according to § 2 letter I) of the Consumer Protection Act.

These Conditions come into effect on 01.10.2025.

ANNEX NO. 1 - COMPLAINT FORM

Addressee: Heavy Soul s.r.o., Mierová 16, Piešťany 921 01

Claiming a complaint

Fills in the Consumer

Name and surname:

Address of residence:

Fills in the Entrepreneur – natural person

Business name:

Address of residence / Registered office:

ID/Registration

Fills in the Entrepreneur – legal entity

Business name:

Registered office of the legal entity:

ID/Registration data in the Commercial Register:

Name and surname of the person acting on behalf of the Entrepreneur – legal entity/function

E-mail address:

Order and invoice number:

Date of order:

Date of receipt of goods:

Goods being complained about (name and code):

Description and extent of defects of the goods:

As a customer of the seller, I request that my complaint be handled in the following way:

I wish to have the money returned to my bank account (IBAN)/by other means

Attachments:

Date:

Signature:

ANNEX NO. 2 - FORM FOR WITHDRAWAL FROM THE CONTRACT

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