Terms and conditions
The purpose of these terms and conditions is to define and clarify 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. If the contracting party is a consumer, legal relations not regulated by these Terms and 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. If the contracting party is an entrepreneur, legal relations not regulated by these Terms and Conditions, Act No. 513/1991 Coll. Commercial Code, as amended, are governed by the legal relations.
1.1 In these Terms and Conditions:
1.1.1 "E-shop" means a computer program - an Internet application that is available on the Internet through the Internet address http://www.tobby.sk, the main functionality of which is the display, selection and ordering of goods by the User;
1.1.2 "Consumer contract" means the Purchase Contract if the parties are, on the one hand, the supplier and, on the other hand, the consumer;
1.1.3 "Seller" (supplier) a person who, when concluding and performing a consumer contract, acts within the scope of his commercial or other business activity. It is an entrepreneur who offers or sells products or services to the consumer, and also an entrepreneur who, directly or through other entrepreneurs, supplies the buyer with a product;
1.1.4 "Consumer" (buyer) means a person who purchases products or uses services for personal use or for members of his household and who, when concluding and performing a consumer contract, does not act within the scope of his trade or other business activity;
1.1.5 A buyer who is not a consumer is a person who, when concluding and performing a purchase contract, acts in the course of his commercial or other business activity;
1.1.6 Conclusion of the purchase contract - the buyer's order constitutes a proposal for the conclusion of the purchase contract. The purchase contract itself is concluded at the moment of delivery of the seller's binding consent to the draft purchase contract to the buyer, i.e. binding confirmation of the order by the seller. From this moment on, mutual rights and obligations arise between the seller and the buyer, which are defined by the purchase contract and these terms and conditions. The terms and conditions are an integral part of the purchase contract;
1.1.7 "Shopping cart" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing the Goods, respectively. Services/or by changing the quantity of selected Goods, respectively. Services;
1.1.8 "Civil Code" means Act No. 40/1964 Coll., Civil Code, as amended;
1.1.9 "Operator" means Mr. Matúš Čák, IČO: 54730457, with place of business Wuppertálska 1402/55; 04023; Košice-Housing Estate KVP
1.1.10 "Access Data" means the unique login name and the password associated with it entered by the User into the E-shop database during registration;
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 access data and then storing them in the E-shop database;
1.1.12 "User" means any legal or natural person who uses the E-shop;
1.1.13 "User Account" means the part of the E-shop that is set up by the Registration for each individual User (i.e. unique to each User) and made available after entering the Access Data;
1.1.14 "Goods" means the item offered by the Operator for sale to the User through the E-shop and, if offered for the Goods, the license to use this item;
2 Contract conclusion process
2.1 Through the E-shop, the Operator offers Users the conclusion of the Purchase Agreement. The offer for the conclusion of the Purchase Agreement by the Operator is the display of a button marked "Complete order" in the user interface of the E-shop.
2.2 For unconditional acceptance of the Operator's offer to conclude a Purchase Agreement pursuant to paragraph 2. 2.1 of these Terms and Conditions by the User is considered to have clicked on the given button marked "Complete order".
2.3 Unconditional acceptance of the offer pursuant to paragraph 2. 2.2 of these Terms and Conditions, the Purchase Agreement is concluded.
2.4 The contract is concluded at the moment when the electronic information about the click on the "Complete order" button by the User arrives via the Internet to the server where the E-shop is installed.
2.5 The User undertakes to fill in true and complete data in the relevant text boxes in the user environment of the E-shop, in particular to truthfully fill in his e-mail address, identification data and, if applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not obliged or authorized to check the entered data.
2.6 The Operator shall send the User an e-mail message about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the appropriate field in the user environment of the E-shop.
3 Purchase contract
3.1 Upon conclusion of the Purchase Agreement, the following provisions become effective:
3.1.1 The User buys from the Operator the Goods that the User has chosen in the user environment of the E-shop by inserting them into the Shopping Cart, in the amount that 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 that is indicated for such Goods in the user environment of the E-shop.
3.1.2 The Operator has the right to withdraw from the Purchase Contract until the moment of sending the Goods to the User, for any reason or without giving a reason. Withdrawal from the Purchase Contract is also considered to be the legal action of the Operator consisting in notifying the User that the Goods ordered by him cannot be delivered.
3.1.3 The Operator is entitled to ask the User for additional confirmation of the order at any time and is entitled to delay the sending of the Goods to the User until he receives an order confirmation from the User.
3.1.4 The method of packaging of 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 given 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, if applicable, other monetary benefits to the Operator.
3.1.7 If any of the payment methods contains information about the cost of making such a payment, the User is obliged to bear the costs of making this payment, which are indicated for the given 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 indicate 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 be combined with each other, unless expressly stated otherwise for a particular discount.
3.1.11 The purchase price for the Goods does not include any payments, fees or other fees that the User must incur for services provided to third parties in connection with the payment of the purchase price for the Goods; these costs are solely the costs of the User.
3.1.12 The Operator reserves ownership of the Goods that are the subject of the Purchase Agreement until the User has fully paid the purchase price for the Goods.
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 the delivery of goods specified in the user interface of the E-shop are only indicative.
3.1.14 The Operator always sends the User a tax document - an invoice in electronic form, to the User's e-mail address entered in the User Environment of the E-shop for the given order.
3.1.15 If a donation is provided to the User by the Operator together with the Goods, 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 given donation contract is canceled without further notice together with the purchase contract and the User is obliged to return the provided gift to the Promoter together with the purchased goods.
3.1.16 Since these are second-hand goods, the Operator does not provide the User with a warranty for the purchased Goods, except if the warranty period is specified for the Goods in the user environment of the E-shop, for the period of the specified warranty period, while the warranty thus stated 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 his registered office and /or establishment. 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 All goods offered in the user environment of the E-shop are considered as second-hand goods, except if within the user environment of the E-shop for the goods in question it is indicated that they are new, the User buys the Goods in the used state, including the listed defects of these 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 a Consumer, at the moment of receipt of 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 receipt of the goods by the User.
4 User account
4.1 The User has the right to set up a User Account by Registering.
4.2 The User is obliged to enter the Access Data before entering the User Account.
4.3 The User's identification data entered during the Registration are considered to be the data entered when ordering each Item, which the User makes after logging into 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 steps to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for 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 Terms and Conditions; notify the User of the change via the E-shop and/or by e-mail message to the User's e-mail address entered into the E-shop database. The User has the right to refuse changes to the Terms and Conditions within seven (7) days from the first login to the User Account after notification of the change in the Terms and Conditions (in the case of delivery via the E-shop) or from the delivery of the given e-mail message to the User's e-mail box (in the case of delivery by e-mail message) and an obligation for this reason to terminate within a notice period of seven (7) days, which the parties agree is sufficient to procure similar services from another supplier.
5 Information for the Consumer
5.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Contract is several second Goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract 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 Contract, he is obliged to notify in writing the number of his bank account for the refund of the purchase price for the Goods, which may be reduced if the legal grounds for doing so are met.
5.3 If the Consumer withdraws from the Purchase Contract in respect of the Goods that he returns to the Operator damaged and / or worn out, especially if the original markings of the Goods are removed (i.e. signs, stickers, etc.), the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original condition.
5.4 In the event of the Consumer's withdrawal from the Purchase Contract, the Operator is obliged to return the purchase price to the Consumer without undue delay, no later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the Purchase Contract.
5.5 If, on the basis of the Purchase Contract, the Consumer has received the Goods consisting of movable items, he is obliged to send them back to the Operator without undue delay, no later than 14 days from the date on which the withdrawal from the purchase contract occurred, or hand it over to the Operator's address of the operator's establishment or registered office. The period is considered to be maintained even if the movable items are sent to the Operator no later than the last day of the above period.
5.6 The Consumer is liable to the Operator for a decrease in the value of the Goods as a result of handling these goods in a manner other than necessary to familiarize himself with the nature and characteristics of the Goods in question, including their functionality.
5.7 The Operator makes use of the possibility of out-of-court resolution of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the e-mail address firstname.lastname@example.org.
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 the circumstances should have been known to him, is obliged to notify the Consumer.
6.2 If the Goods contain defects, the Consumer has the right to request the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, or if the subject of the Purchase Contract was the Goods with defects, which the Operator, if the defects were known to him or taking into account all the circumstances should have been known, notified to the Consumer. If the defect relates only to a part of the Goods, the Consumer may only require the replacement of that part of the Goods; if this is not possible, he has the right to withdraw from the Purchase Contract.
6.3 The Consumer has the right to deliver new Goods or replace a part of the Goods even in the event of a removable defect, unless he can properly use the Goods due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.
6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to deliver new Goods without defects, or to replace their part or to repair the Goods, he may request a reasonable discount on the price of the Goods. The Consumer has the right 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 in the event that the Operator does not negotiate a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the Consumer.
6.5 The right to defective performance does not belong to the Consumer if the Consumer knew before taking over the Goods that the Goods had a defect or if the Consumer caused the defect himself.
6.6 The Operator's liability for defects of the Goods does not apply to the wear and tear of the Goods caused by its usual use, to the Goods sold at a lower purchase price for the defect for which the lower purchase price was agreed, to the used Goods for a defect corresponding to the degree of use or wear that the Goods had when they were taken over by the Consumer, or if this results from the nature of the Goods.
6.7 If the Goods are covered by a guarantee, the Consumer has the right to claim liability for defective performance within the warranty period.
6.8 At the request of the Consumer, the Operator is obliged to provide the Consumer with a warranty card. If the nature of the Goods so permits, instead of a warranty card, it is sufficient to issue to the Consumer a proof of purchase of the Goods containing the particulars that the warranty card must contain.
6.9 In the event that the Consumer exercises his right to eliminate defects in the Goods by repairing them, for goods where, for the purposes of warranty repairs, the entrepreneur is designated different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in a place closer to the Consumer, the Consumer shall exercise the right to a warranty repair with this entrepreneur.
6.10 The complaint of 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 the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Agreement.
6.11 The period for settling the complaint does not run in the event that the Operator has not received from the Consumer all the documents necessary for the settlement of the complaint until the documents are delivered.
6.12 The Operator or an entity designated by him will, after proper handling of the complaint, invite the Consumer to take over the repaired Goods.
6.13 The right to exercise rights arising from defects of the Goods ceases in the event of unprofessional assembly or unprofessional putting into operation of the Goods, as well as in the case of improper handling of the Goods, i.e. especially when using the Goods in conditions that do not correspond to their parameters specified in the documentation for the Goods.
6.14 The address for delivery of the goods you want to return or complain about is Matúš Čák, Wuppertálska 1402/55, 040 23, Košice - Housing estate KVP, Slovakia.
7 Alternative dispute resolution
7.1 The Client – the Consumer – has the right to contact the Operator – the Seller with a request for redress by e-mail to the email@example.com if he is not satisfied with the way in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds negatively to this request or does not respond to it within 30 days of its dispatch, the Consumer has the right to file a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as an ADR entity) pursuant to Act No. 391/2015 Coll. ADR entities are authorities and authorized legal entities pursuant to § 3 of Act no. 391/2015 Coll. The Consumer may file the application in the manner determined pursuant to § 12 of Act No. 391/2015 Coll.
7.2 The Consumer may also submit a complaint through the ODR alternative dispute resolution platform, which is available online HERE.
7.3 Alternative dispute resolution can only be used by the Consumer – a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution only concerns a dispute between the Consumer and the Seller arising from or relating to a consumer contract. Alternative dispute resolution applies only 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 alternative dispute resolution up to a maximum of EUR 5 incl. VAT.
8.1 When processing personal data, the Controller shall comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 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 (hereinafter referred to as the "GDPR") and Act No. 18/2018 Coll. on the protection of personal data and on amendments to certain laws.
9 Using the E-shop
9.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner foreseen by these Terms and Conditions.
9.2 The Operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
9.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the period necessary for the maintenance or repair of the E-shop.
9.4 The User is obliged to comply with the valid and effective legal regulations of the Slovak Republic and the European Community when using the E-shop. The User is obliged to compensate in full any damage that would be caused by a breach of this obligation of the User to the Operator or third parties.
9.5 In case of violation of these Business Terms and Conditions or the Purchase Agreement or applicable and effective legal regulations, the Operator has the right to cancel the User Account.
10 Declarations of the Operator
10.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and are protected against changes.
10.2 Due to a technical error in the E-shop, the purchase price for the Goods may be displayed, the amount of which does not correspond to the usual price for such Goods on the market; in this case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and informs him of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price and if this does not happen, the Purchase Contract is canceled from the beginning.
10.3 The User acknowledges that the photos of the Goods in the E-shop may be illustrated or may give a misleading impression due to their translation into a display in the User's technical means, therefore the User is always obliged to familiarize himself with the full description of the Goods and, in case of uncertainty, contact the Operator.
10.4 The contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the Contacts section.
11 Right of withdrawal from the purchase contract
11.1 The Buyer is entitled to withdraw from the Purchase Contract without giving a reason in accordance with Art. 7 et seq. of 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, or from the date of conclusion of the contract for the provision of a service or a contract for the provision of electronic content not supplied on a tangible medium, if the Seller has timely and properly fulfilled the information obligations pursuant to Art. 3 of the Act on Consumer Protection in Distance Selling.
11.2 Within this period, after receiving the goods, the buyer has the right to unpack the goods and try them in a similar way as usual when buying in a classic "brick-and-mortar" store, to the extent necessary to detect defects, characteristics and functionality of the goods.
11.3 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 collect the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to be maintained if the goods were handed over for transport no later than the last day of the period.
11.4 It is not possible to withdraw from the contract for goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery.
11.5 In the event that 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 that does not correspond to the condition in which they were sent by the Seller, he acknowledges that the Seller is entitled to reimburse the damage thus incurred, which the Seller is obliged to prove, from the amount paid by the Buyer for the ordered goods.
11.6 At the same time, the Buyer is obliged to indicate in the withdrawal from the contract the contact details and account number to which the amount for the ordered Goods is to be paid by the Seller. The seller is obliged to return to the buyer without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, all payments received from him under or in connection with the contract. 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 sending of the goods back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorized by him.
11.7 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 has withdrawn. No costs or other payments may be required from the Buyer in connection with the cancellation of the ancillary contract, except for the reimbursement of costs and payments referred to in Art. 9 par. 3, art. 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and the price for the service, if the subject of the contract is the provision of a service and the full provision of the service has occurred.
11.8 The Buyer shall bear the cost 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 his obligation under § 3 par. 1 letter i) of the Act on Consumer Protection in Distance Selling.
11.9 The Buyer is only liable for a decrease in the value of the Goods that arose as a result of such treatment of the Goods, which is beyond the treatment necessary to determine the characteristics and functionality of the Goods. The Consumer shall not be liable for a decrease in the value of the Goods if the Seller has not fulfilled the information obligation on the Consumer's right to withdraw from the contract pursuant to § 3 par. 1 letter h) of the Act on Consumer Protection in Distance Selling.
11.10 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 reimburse the Seller for the value by which the value of the Goods has been reduced in accordance with Art. 457 of the Civil Code in the actual amount and the costs incurred by the Seller in connection with the repair of the Goods and their restoration to their original condition calculated according to the price list for (post)warranty service of the Goods. The Buyer is obliged to pay compensation to the Seller in accordance with this point of the Complaint and Business Terms and Conditions 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 Contract.
11.11 In accordance with art. 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:
- the sale of goods manufactured according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
- the sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
- the sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unpacked the packaging,
- the provision of electronic content other than on a tangible medium, where its provision has begun with the consumer's express consent and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing such consent.
- the sale of goods which, at the time after the conclusion of the contract and receipt of the goods from the seller, have been assembled, assembled or used in such a way that their restoration to their original state by the seller is not possible without additional effort and increased costs, e.g. folded or assembled furniture, etc.
12 Final provisions
12.1 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 Acts, as amended, and Act No. 102/2014 Coll. on Consumer Protection in Distance Selling apply to relations not regulated by these Terms and Conditions.
12.2 The supervisory authority is the Slovak Trade Inspection.
12.3 The Consumer has the opportunity to contact the alternative dispute resolution body for consumer disputes, which is (albeit non-binding) entitled to assess possible disputes between the Consumer as a customer of the E-shop and the E-shop Operator.
12.4 These Terms and Conditions take effect against the Buyer upon conclusion of the Purchase Agreement.
13 Applicable law
13.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the law of the Slovak Republic.
14.1 These Terms and Conditions are effective from 02.07.2022