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General Terms and Conditions

I. Definitions and Introductory Provisions

  1. The operator of the website www.rukahore.sk and the provider of the services available on this website is the company Merch s.r.o., with its registered office at Slávičia 10, 903 01 Senec, Company ID (IČO): 47608803, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No.: 95409/B, Tax ID (DIČ): 2023966846, VAT ID (IČ DPH): SK 2023966846, contact e-mail: [email protected] (hereinafter also referred to as the “Operator”).

  1. A user of the website www.rukahore.sk and a buyer of goods that can be purchased through the website www.rukahore.sk means any natural or legal person who accesses the website and orders goods through the website www.rukahore.sk (hereinafter referred to as the “Buyer”).

  1. The Seller is a business partner of the Operator which, on the basis of a business agreement with the Operator of rukahore.sk, offers its goods or services through the rukahore.sk e-shop (hereinafter also referred to as the “Seller”).

  1. The rukahore.sk e-shop is a publicly accessible computer system located on the website www.rukahore.sk that enables the ordering of goods or the provision of services. On the website www.rukahore.sk, the Operator also offers its own goods; when such goods are ordered, the Operator acts as the seller towards the Buyer. At the same time, the rukahore.sk e-shop enables the Buyer to purchase goods from Sellers who use the space of the rukahore.sk e-shop to present and offer their own goods. During the ordering process for a specific item, the Buyer is always informed which entity is the seller of that specific item (hereinafter referred to as the “rukahore.sk E-shop”).

  1. The Terms mean these General Terms and Conditions of the Operator governing the conditions of use of the rukahore.sk E-shop and the relationships between the Operator, the Buyer and the Seller when the Buyer accesses the rukahore.sk E-shop, uses the services of the rukahore.sk E-shop and purchases goods through the rukahore.sk E-shop (hereinafter referred to as the “Terms”).

  1. Goods mean the goods of the Operator or the Seller offered or purchased through the E-shop rukahore.sk, including electronic content not supplied on a tangible medium where the subject of the order is an mp3 file (hereinafter also referred to as the “Goods”).

  1. The Service means the service enabling the Buyer to send the Operator or the Seller an offer to conclude a purchase contract for Goods placed in the shopping cart of the rukahore.sk E-shop, as well as other services currently available to the Buyer on the rukahore.sk E-shop (hereinafter also referred to as the “Service”).

  1. The competent supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5,820 07 Bratislava 27.

  1. In the case of natural persons, Goods may be purchased through the rukahore.sk E-shop only by persons over 16 years of age. By accepting these Terms during the registration process, a Buyer who is a natural person declares that they are over 16 years of age.
  2. Electronic content means digital content not supplied on a tangible medium which is intended for download, free of charge or for a fee, on the E-shop rukahore.sk, in particular music in mp3 format (hereinafter also referred to as "Electronic Content").

  1. Registration and the Buyer’s User Account

  1. The services of the rukahore.sk E-shop may be used and Goods may be purchased through the rukahore.sk E-shop only if the Buyer agrees to these Terms.

  1. Using the services of the rukahore.sk E-shop and purchasing Goods through the rukahore.sk E-shop is not conditional on the Buyer logging in on the website www.rukahore.sk. However, by logging in on the website www.rukahore.sk, the Buyer gets more options than persons who are not logged in, and logging in also simplifies the overall process of ordering Goods through the rukahore.sk E-shop.

  1. The Buyer may log in using their Facebook account. If the Buyer decides to use this login method, the Buyer thereby grants the Operator consent to use their basic information contained in their Facebook profile, such as name, e-mail address and photo. This information is processed by Facebook, Inc. and is provided to the Operator in accordance with that company’s privacy terms. The use of a Facebook account to log in to the Operator’s services is subject to the privacy policy of Facebook, Inc., available here: https://www.facebook.com/legal/FB_Work_Privacy.

  1. The Buyer is obliged to keep the login credentials to their user account in the rukahore.sk E-shop secure.

III. Offer of Goods and Conclusion of the Purchase Contract

  1. In the rukahore.sk E-shop, Goods may be ordered directly from the Operator or from Sellers. For each item of Goods offered through the rukahore.sk E-shop, the Operator and the Seller state at least the following information:
  • the name of the Goods,
  • the name of the Seller or the Operator,
  • a photo of the Goods,
  • a description of the Goods,
  • information on whether the Goods are in stock or not,
  • the estimated shipping date if the Goods are in stock,
  • the price of the Goods excluding VAT and including VAT if the Seller is a VAT payer, or the final price of the Goods if the Seller is not a VAT payer, whereby the price of the Goods does not include the cost of transporting the Goods to the Buyer. Where a price excluding VAT and a price including VAT are distinguished, the price including VAT is considered the final price of the Goods.

  1. The Buyer may choose Goods offered through the rukahore.sk E-shop. During the ordering process, the Buyer may place in the shopping cart Goods from different Sellers or also directly from the Operator.

  1. The publication of an offer of Goods on the rukahore.sk E-shop does not constitute an offer to conclude a purchase contract. An offer to conclude a purchase contract means the sending and delivery of the Buyer’s order to the Operator. Upon confirmation of the order by the Operator, which the Operator makes when selling its own Goods in its own name, a purchase contract is concluded between the Buyer and the Operator. Upon confirmation of the order by the Operator, which the Operator makes when selling the Seller’s Goods on behalf of the Seller, a purchase contract is concluded between the Buyer and the Seller. After the Buyer sends an order for Goods, the Buyer receives an e-mail confirming receipt of the order. If bank transfer is selected as the payment method for the order, the Buyer is informed of the receipt of the funds in a further e-mail.

  1. The costs of using means of distance communication (telephone, internet, etc.) to place an order are at the usual rate, depending on the tariff of the telecommunication services used by the Buyer, and are borne by the Buyer.

  1. For Goods that are made to order, according to the specific requirements of the consumer or specifically for one consumer, the Buyer has the right to cancel the ordered Goods within 24 hours of the conclusion of the purchase contract without a cancellation fee.

  1. On the basis of a separate business agreement between the Operator and the Seller, the Seller has authorized the Operator to provide the Buyer, before the conclusion of a distance purchase contract with the Seller through the rukahore.sk E-shop, with the information pursuant to Section 3(1) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or an off-premises contract and on amendments to certain acts. With the exception of Article II of the Terms, the provisions of these Terms also apply to the relationship between the Seller and the Buyer.

  1. The Buyer agrees to receive an electronic invoice for the delivered Goods electronically.

IV. Other Rights and Obligations of the Operator, the Seller and the Buyer

  1. In the case of an offer of Goods sold directly by the Operator, where the Operator is designated as the seller, the Operator is responsible for the compliance of the offer with the applicable legal regulations, for the proper and timely confirmation of the purchase contract, for the proper and timely delivery of the Goods to the Buyer, and for handling the Buyer’s claims arising from general liability for defects of the Goods sold.

  1. In the case of an offer of Goods sold by a Seller through the rukahore.sk E-shop, the Operator facilitates the Buyer’s ability to send an offer to conclude a purchase contract for the Seller’s Goods through the rukahore.sk E-shop, i.e. it provides the Service to the Buyer. The Seller is responsible in particular for the compliance of the offer published on the rukahore.sk E-shop with the applicable legal regulations, for the proper and timely confirmation of the purchase contract, for the proper and timely delivery of the Goods to the Buyer, and for handling the Buyer’s claims arising from general liability for defects of the Goods sold.

  1. The Buyer is obliged to fulfill their obligations under the purchase contract concluded with the Operator or with the Seller, i.e. in particular to pay the agreed purchase price for the purchased Goods and to take delivery of the ordered Goods.

  1. The Operator/Seller is entitled to withdraw from the concluded purchase contract (cancel the order) due to the unavailability of the ordered Goods or due to force majeure. The Buyer is always informed of the cancellation of the order.
  2. In the case of a download of Electronic Content, the Operator and the Seller reserve the right to use, in the downloaded Electronic Content, hidden data identifying the free download and/or the concluded purchase contract or the contract for the supply of electronic content not supplied on a tangible medium. By means of the hidden data, the Operator or the Seller may identify the order number, first name, surname, delivery and billing address and e-mail of the Buyer on the basis of their registration on the E-shop rukahore.sk or on the basis of the completed order form. By downloading the Electronic Content, the Buyer agrees to this measure.
  3. The Buyer may not use the Electronic Content for any unlawful purpose, distribute it or interfere with it in any way. The Buyer acknowledges that downloading the Electronic Content does not transfer the Seller’s copyright to the Buyer. All components of the Electronic Content are licensed, and such license is non-exclusive.

  1. Purchase Price, Payment Terms and Delivery Terms

  1. The purchase price of the ordered Goods is stated in the order. The purchase price always includes VAT and is set in euros, Czech korunas or Polish zlotys, depending on the Buyer’s choice made when using the rukahore.sk E-shop. The purchase price does not include the cost of transporting the Goods or fees for payment services. Information on the amounts of shipping fees and payment service fees can be found in the section Shipping and payment terms.

  1. The Seller may also agree with the Buyer on a procedure other than the standard one (stated above) for sending the Goods or services, as well as on the prices of these services.

  1. The Seller may send the Buyer the Goods that are immediately available and deliver the remaining part of the order subsequently within the agreed period, provided, however, that the Buyer is not charged any additional postage beyond that included in the order.

  1. The Seller or the Operator is obliged to send the Goods to the buyer within 30 days of the conclusion of the purchase contract, unless otherwise agreed or unless a longer delivery period was stated for the Goods. If the Goods are in stock, they are shipped as soon as possible, depending on capacity.

  1. If the order contains several types of Goods and some of them are not in stock, the Buyer is informed separately about the possibility of partial deliveries of the Goods.

  1. The invoice (tax document) for the Goods is sent exclusively electronically, pursuant to Section 71(1)(b) of Act No. 222/2004 Coll. on value added tax, in PDF format, after receipt of payment for the purchased Goods. If the Buyer requests that the invoice also be sent in paper form, it will be sent subsequently by post.

  1. The place of performance is the place to which the Goods are delivered.

  1. Transport of the Goods to the Buyer is provided by the Operator, regardless of whether the Goods were purchased through the E-shop directly from the Operator or from a Seller, by post, by courier company, by delivery to a designated DEPO or to a parcel pick-up point, according to the Buyer’s preferences selected when ordering the Goods. Not all shipping options may be available for every type of Goods.

  1. Acquisition of Ownership of the Goods

  1. Ownership passes from the Seller, or from the Operator in the case of the sale of its own Goods, to the Buyer only upon full payment of the purchase price for the Goods ordered through the rukahore.sk E-shop.

  1. The risk of accidental destruction and accidental deterioration of the subject of purchase passes to the Buyer on the day the Buyer takes delivery of the Goods.

VII. Liability for Defects

  1. The Seller, or the Operator acting as the seller, assumes liability for defects of the Goods. A Buyer who is a consumer is informed of their rights arising from liability for defects and of the procedure for handling complaints about the Goods in the Operator’s Complaints Procedure, which forms an integral part of these Terms and is available here. The text of the Complaints Procedure also applies to the handling of complaints about Goods purchased from Sellers.

  1. Liability for defects of the Goods, including the quality guarantee, in relation to a Buyer who is not a consumer within the meaning of Act No. 250/2007 Coll. on consumer protection, as amended, is governed by the relevant provisions of the Commercial Code.

  1. If a Buyer who is a consumer is not satisfied with the way in which the Seller, or the Operator acting as the seller, handled their complaint, or if they believe that their rights have been violated, they may contact the Seller or the Operator with a request for redress by e-mail at [email protected]. If the seller rejects the request for redress or does not respond to it within 30 days of the date it was sent, the Buyer has the right, in order to protect their consumer rights, to turn to an alternative dispute resolution entity in accordance with Act No. 391/2015 Coll.on alternative resolution of consumer disputes and on amendments to certain acts, as amended. During alternative dispute resolution, the Buyer – consumer cooperates with the alternative dispute resolution entity in the interest of resolving the dispute quickly. A motion to initiate alternative dispute resolution may be filed in the manner specified in Section 12 of the said Act. The alternative dispute resolution entity is the “Slovak Trade Inspection (SOI), Prievozská 32, P.O. Box 5, 820 07 Bratislava 27”, or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk). A Buyer who is a consumer is entitled to choose the alternative consumer dispute resolution entity they will turn to. In the case of a cross-border dispute, the buyer – consumer has the right to contact the European Consumer Centre, which will provide them with the postal address, electronic address or telephone contact of the alternative dispute resolution entity competent to resolve their dispute.

  1. In accordance with Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, a Buyer who is a consumer has the right to assert their rights and claims arising from a contractual relationship (a purchase contract or an online service contract) with the seller through alternative online dispute resolution. Online dispute resolution is provided by a platform operated by the European Commission. A Buyer who is a consumer is entitled to use the ODR platform to resolve disputes in the language of their choice. The ODR platform is accessible online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

  1. Alternative dispute resolution may only be used by a Buyer who is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of their business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising from or related to a consumer contract. Alternative dispute resolution applies only to distance contracts.

  1. In the case of any other requests or complaints, the Buyer is entitled to contact the Operator using its contact details stated in Article I of these Terms.

VIII. Compensation for Damage if the Goods Are Not Collected

  1. The Operator acting as the seller, or the Seller, is entitled to compensation for damage (pursuant to Section 420 et seq. of the Civil Code) if the Buyer ordered Goods, did not cancel the order or withdraw from the contract, and at the same time did not accept the Goods from the carrier or, where personal collection was chosen, did not collect the Goods within the specified collection period after being requested to do so by the Operator or the Seller. By this conduct, the Buyer has breached their obligation to take delivery of the ordered Goods.

  1. When determining the amount of compensation for damage, the seller takes into account in particular the shipping costs and related fees incurred in sending the Goods, the costs of packaging, shipping and administration of the order, as well as all other costs incurred in fulfilling the order in question, and is also entitled to charge lost profit.

  1. The seller also has the right not to exercise the right to compensation for damage or to exercise this right only in part.

  1. Information for Buyers Who Are Consumers

  1. Pursuant to Act No. 102/2014 Coll. on consumer protection in the sale of Goods or provision of services under a distance contract or an off-premises contract and on amendments to certain acts, as in force (hereinafter referred to as the “Act on Consumer Protection in the Sale of Goods under a Distance Contract”), a Buyer who is a consumer is entitled to withdraw from the purchase contract without giving any reason within 14 days of the date of receipt of the Goods. However, under the Act on Consumer Protection in the Sale of Goods under a Distance Contract, the Buyer may not exercise the right to withdraw from a contract whose subject is:
  2. a) the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that they had been duly informed that by giving this consent they lose the right to withdraw from the contract once the service has been fully provided, and if the service has been fully provided,
  3. b) the sale of goods or provision of a service whose price depends on fluctuations in the financial market which the seller cannot influence and which may occur during the withdrawal period,
  4. c) the sale of goods made according to the specific requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
  5. d) the sale of goods that are liable to deteriorate rapidly or spoil,
  6. e) the sale of goods sealed in protective packaging which are not suitable for return for health protection or hygiene reasons and whose protective packaging has been broken after delivery,
  7. f) the sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
  8. g) the sale of alcoholic beverages whose price was agreed at the time of conclusion of the contract, whose delivery can take place no earlier than after 30 days and whose price depends on market fluctuations which the seller cannot influence,
  9. h) the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the repair or maintenance if they were concluded during the seller’s visit to the consumer and the consumer did not order these services or goods in advance,
  10. i) the sale of sound recordings, video recordings, audiovisual recordings or computer software sold in protective packaging if the consumer has unsealed the packaging,
  11. j) the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not supplied in protective packaging,
  12. k) the provision of accommodation services for purposes other than residential purposes, transport of goods, car rental, catering services or services related to leisure activities, under which the seller undertakes to provide these services at an agreed time or within an agreed period,
  13. l) the supply of electronic content other than on a tangible medium, if its supply began with the express consent of the consumer and the consumer declared that they had been duly informed that by giving this consent they lose the right to withdraw from the contract.

  1. If the Buyer wishes to exercise the right to withdraw from the purchase contract in accordance with the Act on Consumer Protection in the Sale of Goods under a Distance Contract, the Buyer is obliged to send a notice of withdrawal to the contact address of the Operator no later than on the last day of the withdrawal period. After giving notice of withdrawal from the contract, the Buyer is obliged to send or personally deliver the subject of the contract from which they are withdrawing, together with all documentation – e.g. the original invoice, instructions and other documentation for the Goods that was delivered with the Goods – no later than 14 days from the date of withdrawal. The Operator recommends that the Buyer make a copy of the invoice for their own records and send the Goods by registered and insured mail. To withdraw from the contract, the Buyer may use the following form: Withdrawal from the purchase contract . The Goods may not be sent back to the Operator cash on delivery. If the Buyer withdraws from the purchase contract, the Buyer bears the costs of returning the Goods.

  1. The Operator will refund to the Buyer the payment made for Goods purchased from the Operator, including the costs of shipping, delivery and postage and other costs and fees, or, on behalf of the Seller, will refund to the Buyer the payment made for Goods purchased from the Seller, including the costs of shipping and delivery and postage and other costs and fees. However, the Operator or the Seller is not obliged to refund the money before the Goods are delivered to it or the Buyer proves that the Goods have been sent; this does not apply if the Seller has offered to collect the Goods itself. In the case of withdrawal from a contract whose subject is the sale of Goods, the Operator or the Seller is not obliged to refund the mandatory payments to the Buyer before the Goods are delivered to it or until the Buyer proves that the Goods have been sent back to the Seller or the Operator, unless the Seller/Operator offers to collect the Goods in person or through a person authorized by it.

  1. The Seller or the Operator is not obliged to reimburse the Buyer for additional costs if the Buyer expressly chose a method of delivery other than the cheapest standard method of delivery offered by the Seller. Additional costs mean the difference between the delivery costs chosen by the Buyer and the costs of the cheapest standard method of delivery offered by the Seller or the Operator.

  1. Protection of Personal Data and Privacy

  1. The Operator processes the Buyer’s personal data to the extent, in the manner and for the purposes that comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (General Data Protection Regulation), and Act No. 18/2018 Coll. on the protection of personal data and on amendments to certain acts.

  1. The Buyer’s personal data are processed by the Operator for the purpose of concluding and performing the purchase contract and fulfilling obligations arising from or in connection with the purchase contract, for the purpose of keeping accounting and tax records, for the purpose of providing the Service, for the purpose of direct marketing, and for the purpose of handling complaints or other requests or grievances of the Buyer. The Operator therefore processes them in particular when processing orders, issuing invoices, delivering ordered Goods, keeping records of orders and purchase contracts, keeping records of persons visiting the Operator’s websites and handling any complaints. The Buyer can obtain more information on the processing of personal data in the Operator’s personal data processing policy, available here.

  1. The Operator informs the Buyer that, pursuant to Section 62(3) of Act No. 351/2011 Coll. on electronic communications, as amended (hereinafter referred to as the “Electronic Communications Act”), it may contact the Buyer by calls, e-mails and SMS messages at the contact addresses the Buyer provided when ordering Goods, for the purpose of direct marketing of its own similar goods and services. A call, e-mail or SMS message pursuant to the previous sentence may be informational or promotional in nature, and its originator is the Operator. The Buyer may at any time notify the Operator that they object to such calls or to receiving such e-mails or SMS messages by sending an e-mail to [email protected], or simply by unsubscribing upon receipt of any e-mail message by clicking the link at the end of the e-mail message.

XI. Final Provisions

  1. These Terms come into force and take effect on January 1, 2019

  1. If the Buyer is a consumer within the meaning of the relevant legal regulations, legal relationships not governed by these Terms are governed in particular by the provisions of Act No. 40/1964 Coll., the Civil Code, as amended, and by the relevant provisions of legal regulations on consumer protection. If the Buyer in question cannot be considered a consumer, matters not governed by the Terms are subject to the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.

  1. The Operator is entitled to amend these Terms, in particular due to changes in legal regulations or technological changes, but also due to the expansion of or changes to the services provided by the Operator. The new version of the Terms applies to purchase contracts concluded on the basis of Buyers’ orders delivered to the Operator from the date on which the amended or new Terms take effect.

  1. If any provisions of these Terms prove to be wholly or partially invalid or ineffective, the validity or effectiveness of the other provisions of these Terms remains unaffected. Invalid or ineffective provisions shall be replaced by the legal provisions that, as far as possible, come closest to the meaning and purpose of such invalid provisions of these Terms. The same procedure shall apply if any of the provisions of these Terms is found to be unenforceable.

  1. Any discrepancies and disputes arising in connection with these Terms shall be resolved primarily by mutual agreement. However, if no such mutual agreement is reached, all disputes shall be finally resolved by the competent court in the Slovak Republic.