Terms and Conditions

General Terms and Conditions

I. Basic Provisions

These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are in accordance with the provisions of Act No. 40/1964 Coll., Civil Code as amended (hereinafter referred to as "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as "Consumer Protection Act"), and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Under a Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Business Premises and on Amendments to Certain Acts (hereinafter referred to as "Consumer Protection in Distance Selling Act").

Operator:
Good Buy s.r.o.
Company ID (IČO): 54396344
Tax ID (DIČ): 2121660024
VAT ID (IČ DPH): SK2121660024
Registered office: Svätovavrinecká 13920/10, 83101 Bratislava
Registered in the Commercial Register of the District Court Bratislava III, Section: Sro, Insert No.: 158773/B

Contact Details:
Email: info@good-buy.sk
Website: www.vape.menu

(hereinafter referred to as the "Seller")

These Terms and Conditions regulate the mutual rights and obligations between the Seller and a natural person concluding a purchase contract (hereinafter referred to as the "Buyer") through the web interface located on the website accessible at the internet address www.vape.menu (hereinafter referred to as the "Online Store").

The provisions of these Terms and Conditions form an integral part of the purchase contract. Any deviations stipulated in the purchase contract take precedence over these Terms and Conditions.

These Terms and Conditions and the purchase contract are concluded in the Slovak language.

The sale of goods at a distance through the e-shop operated at www.vape.menu is intended exclusively for consumers—natural persons who purchase goods for personal use.

These Terms and Conditions do not apply to entrepreneurs interested in purchasing goods for resale purposes. Entrepreneurs must contact the Seller using the provided contact details to negotiate terms of cooperation.

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II. Product Information and Pricing

Information about products, including individual product prices and their main characteristics, is displayed with each product in the Online Store catalog. Product prices include value-added tax, all applicable fees, and costs for returning goods if the goods cannot be returned by mail due to their nature. Prices remain valid as long as they are displayed in the Online Store.

All product presentations in the Online Store catalog are of an informative nature, and the Seller is not obligated to conclude a purchase contract for these products.

The Online Store provides information about the costs associated with packaging and delivering goods. Delivery costs specified in the Online Store apply only to deliveries within the Slovak Republic. The Seller reserves the right to decline delivery requests outside the Slovak Republic.

Any discounts on the purchase price cannot be combined unless agreed otherwise by the Seller and the Buyer.

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III. Orders and Conclusion of Purchase Contract

The Buyer bears the costs of using remote communication means in connection with the conclusion of the purchase contract (internet connection, phone costs), which do not differ from the standard rate.

The Buyer places an order for goods in the following ways:

1. Via their customer account after prior registration in the Online Store, or
2. By completing the order form without registration.

When placing an order, the Buyer selects the goods, the quantity of goods, the payment method, and the delivery method.

Before submitting the order, the Buyer can review and modify the data they entered. The Buyer submits the order by clicking the "Order" button. The data provided in the order form are considered correct by the Seller. A valid order requires the Buyer to complete all mandatory fields in the order form and confirm that they have read these Terms and Conditions.

Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided during the order process. This confirmation is automatic and does not constitute a contract. The current Terms and Conditions are attached to the confirmation email.

The purchase contract is concluded upon the Seller's acceptance of the order, confirmed via email sent to the Buyer.

If the Seller cannot fulfill any of the requirements specified in the order, they will send the Buyer a modified offer via email. The modified offer is considered a new proposal for the purchase contract and is concluded upon the Buyer’s acceptance.

All orders received by the Seller are binding. The Buyer may cancel their order until they receive a confirmation of acceptance from the Seller. The Buyer may cancel the order via email or phone contact provided in these Terms and Conditions.

If there is an obvious technical error on the part of the Seller in displaying the product price in the Online Store or during the order process, the Seller is not obliged to deliver the goods to the Buyer at this clearly incorrect price. The Seller will inform the Buyer of the error without undue delay and send a modified offer to the Buyer’s email. The modified offer is considered a new proposal for the purchase contract, which is concluded upon the Buyer’s acceptance.

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IV. Customer Account

Upon registration in the Online Store, the Buyer can access their customer account. Orders can also be placed without registration.

The Buyer is required to provide accurate and truthful information during registration and when placing an order. The Buyer is responsible for keeping their details updated. Information provided by the Buyer in the customer account and when placing orders is considered correct by the Seller.

Access to the customer account is secured by a username and password. The Buyer must maintain the confidentiality of their access credentials. The Seller is not liable for any misuse of the customer account by third parties.

The Buyer is not entitled to allow third parties to use their customer account.

The Seller may cancel a customer account, especially if the account has not been used for an extended period or if the Buyer violates their obligations under the purchase contract or these Terms and Conditions.

The Buyer acknowledges that the customer account may not be continuously available due to necessary maintenance of hardware and software by the Seller or third parties.

V. Payment Terms and Delivery of Goods

The purchase price of goods and any associated delivery costs under the purchase contract may be paid by the Buyer using the following methods:

• Cashless payment via bank transfer,
• Cash/card payment on delivery (cash on delivery).

The Buyer is obliged to pay the Seller the costs associated with packaging and delivery, in the agreed amount, along with the purchase price. Unless explicitly stated otherwise, the purchase price is understood to include delivery costs.

For payments made via a payment gateway, the Buyer must follow the instructions of the relevant electronic payment provider.
In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller’s bank account.

The Seller does not require any advance payment or similar prepayment from the Buyer. Payment of the purchase price before the dispatch of goods is not considered an advance payment.

Delivery of Goods:
The goods will be delivered to the Buyer:

1. To the address specified by the Buyer in the order within the territory of the Slovak Republic, or
2. To a pickup location chosen by the Buyer.

The method of delivery is selected during the ordering process.

The delivery costs associated with the chosen method of delivery and receipt of the goods are specified in the Buyer’s order and confirmed by the Seller in the order confirmation. If the delivery method is arranged based on a special request from the Buyer, the Buyer assumes the risk and any additional costs associated with this delivery method.

If the Seller is obliged, under the purchase contract, to deliver the goods to a location specified by the Buyer, the Buyer must accept the goods upon delivery. If delivery is not successful due to reasons on the part of the Buyer, requiring repeated delivery or an alternative delivery method, the Buyer must pay the costs of repeated delivery or alternative delivery arrangements.

Upon receipt of the goods from the carrier, the Buyer must inspect the integrity of the goods' packaging and immediately notify the carrier of any defects. If the Buyer discovers damage to the packaging indicating unauthorized entry into the shipment, they are entitled to refuse delivery.

The Seller will issue the Buyer a tax document (invoice), which will be sent to the Buyer’s email address.

The Buyer acquires ownership rights to the goods after paying the full purchase price, including delivery costs, and after taking possession of the goods. Responsibility for accidental destruction, damage, or loss of goods passes to the Buyer at the moment they take possession of the goods or at the moment they were obliged to take possession but failed to do so in breach of the purchase contract.

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VI. Withdrawal from the Contract

A Buyer who has concluded a purchase contract outside their entrepreneurial activity as a consumer has the right to withdraw from the contract in the following cases:

1. If the purchase contract was concluded remotely (via the Online Store) or outside the Seller's business premises, and
2. If the Seller has provided the Buyer with timely and appropriate information about their right to withdraw, the conditions, timeframe, and procedure for exercising this right, including a withdrawal form, in accordance with § 3(1)(h) of the Consumer Protection in Distance Selling Act.

Withdrawal Period:

The withdrawal period is 14 days, starting from:

• The moment the Buyer takes possession of the goods delivered last, in the case of an order for goods delivered separately.
• The moment the Buyer takes possession of the last part or piece, in the case of an order for multiple types of goods or parts.
• The moment the Buyer takes possession of the first delivery, in the case of recurring deliveries of goods within a specified period.

Exceptions to Withdrawal:

The Buyer acknowledges that, under § 7(6) of the Consumer Protection in Distance Selling Act, withdrawal from the contract is not possible in the following cases:

• Provision of services that have been fully performed with the Buyer’s prior explicit consent, provided they were informed of losing their right to withdraw upon full performance.
• Supply of goods made to the Buyer’s specific requirements or goods made to measure.
• Supply of goods sealed for health or hygiene reasons, if the seal is broken after delivery.
• Supply of goods that, by their nature, are inseparably mixed with other items after delivery.

Procedure for Withdrawal:

To meet the withdrawal deadline, the Buyer must send a clear statement expressing their intention to withdraw from the purchase contract within the specified period.

The Buyer may use the withdrawal form provided by the Seller. The withdrawal statement or form must be sent to the Seller’s email or delivery address listed in these Terms and Conditions. The Seller will promptly confirm receipt of the withdrawal form.

Obligations Upon Withdrawal:

The Buyer must return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned by standard mail due to their nature.

If the Buyer withdraws from the purchase contract, the Seller will refund all payments received from the Buyer, including delivery costs (except for additional costs resulting from the Buyer’s choice of a delivery method that is more expensive than the standard delivery method offered by the Seller), without undue delay and no later than 14 days from the date of withdrawal.

The refund will be made using the same payment method as the original transaction unless the Buyer agrees otherwise, and it does not incur additional costs.

The Seller is not obliged to refund the payment until the goods are returned or the Buyer provides proof of dispatch of the goods.

Returned goods must be undamaged, unused, and clean, and, if possible, in the original packaging. The Seller reserves the right to offset any damages to the goods against the Buyer’s refund claim.

The Seller may withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has ceased production or imports. The Seller will promptly inform the Buyer via email and refund all payments received within 14 days.

VII. Rights Arising from Defective Performance

The Seller guarantees to the Buyer that the goods are free from defects upon delivery. In particular, the Seller warrants that at the time the Buyer takes possession of the goods:

• The goods have the properties agreed upon by the parties or those described by the Seller or manufacturer, or those expected by the Buyer based on the nature of the goods and related advertising.
• The goods are suitable for the purpose stated by the Seller or for the standard purpose of such goods.
• The quality or workmanship corresponds to the agreed sample or template if the quality or design was determined based on such a sample or template.
• The goods are delivered in the agreed quantity, measure, or weight.
• The goods comply with legal requirements.

The Seller's liability for defective performance is at least equal to the manufacturer’s warranty obligations. The Buyer is entitled to assert rights arising from defective performance for defects in consumer goods that occur within 24 months of receipt.

If the period during which the goods can be used is indicated on the packaging, in the manual, or in advertising materials in accordance with other legal regulations, the provisions regarding a quality guarantee apply.

The quality guarantee means the Seller guarantees that the goods will remain fit for their usual purpose or retain their usual properties for a certain period. If the Buyer justifiably reports a defect, the time for asserting the warranty or guarantee rights does not run during the period when the Buyer cannot use the defective goods.

Defects Not Covered:

The provisions in the preceding paragraph do not apply to goods sold at a lower price due to a defect that caused the lower price, normal wear and tear, used goods showing wear corresponding to their prior use, or defects that the Buyer was aware of before taking possession.

Claims for Defects:

In the event of a defect, the Buyer may make the following claims:

• Request replacement with new goods,
• Request repair of the goods,
• Request an appropriate discount on the purchase price,
• Withdraw from the contract.

The Buyer may withdraw from the contract if:

• The defect constitutes a substantial breach of the purchase contract.
• The goods cannot be properly used due to repeated defects or defects that persist after repair.
• There are multiple defects in the goods.

A substantial breach of the contract occurs when the party in breach knew or should have known at the time of concluding the contract that the other party would not have entered into the contract had they foreseen the breach.

If the defect is considered a minor breach, the Buyer is entitled to have the defect remedied or to receive an appropriate discount on the purchase price.

In cases of recurrent defects after repair (typically a third claim for the same defect or a fourth claim for different defects) or a greater number of defects (usually at least three at the same time), the Buyer may demand a discount, replacement, or withdraw from the contract.

Procedure for Claiming Defects:

The Buyer must inform the Seller of their choice of remedy. The Buyer may change their choice only with the Seller’s consent unless the Buyer initially requested a repair and the defect is found to be irreparable. If the Buyer does not choose a remedy in time, they are entitled only to remedies for minor breaches of the contract.

If the repair or replacement is not possible, the Buyer may withdraw from the contract and claim a full refund.

The Seller is not obligated to comply with the Buyer's claims if the Seller proves that the Buyer was aware of the defect before accepting the goods or caused the defect themselves.

Discounted goods cannot be claimed for defects that were the reason for the discount.

The Seller is obligated to accept complaints at any of its establishments where the acceptance of complaints is possible, at the Seller’s headquarters, or place of business. The Seller must issue the Buyer a written confirmation of when the complaint was lodged, the content of the complaint, and the Buyer’s requested resolution.

Timeframes for Complaint Resolution:

The Seller or their authorized representative must decide on the complaint immediately or, in complex cases, within three working days. This period does not include the time needed for professional assessment of the defect, depending on the nature of the goods or service. Complaints must be resolved, including defect removal, without undue delay, but no later than 30 days from the date the complaint was lodged, unless agreed otherwise. If this deadline is not met, it is considered a substantial breach of the contract, and the Buyer may withdraw.

The Seller must notify the Buyer in writing of the outcome of the complaint.

In the case of a justified complaint, the Buyer is entitled to reimbursement of reasonably incurred costs related to lodging the complaint. The Buyer must request these costs within one month of the warranty period’s expiration.

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VIII. Delivery of Correspondence

The contracting parties may deliver all written correspondence via email.
The Buyer delivers correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the email address provided in their customer account or order.

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IX. Personal Data

All information provided during the course of cooperation will be treated as confidential. Without the Buyer’s written consent, the Seller will not use the provided data for purposes other than fulfilling the contract, except for the Buyer’s email address, which may be used to send commercial communications. This is permitted by law unless the Buyer objects.

These communications may concern similar or related goods and can be unsubscribed from at any time via a simple method (e.g., by email, link in the message, or letter). The email address will be stored for this purpose for three years from the conclusion of the last contract between the parties.

For more details on personal data protection, please see the Privacy Policy (linked)

X. Information on Consumer's Right to Alternative Dispute Resolution

Dear Customer, as a consumer, you have the right to contact us (the Seller) with a request for remedy if you are dissatisfied with the way we handled your complaint or if you believe we have violated your rights.

If we respond to your request for a remedy by rejecting it, or if we do not respond within 30 days from the date of its submission, you have the right to file a proposal to initiate alternative dispute resolution with a designated alternative dispute resolution body.

Definitions for the Purpose of This Section:

• Consumer: A natural person who, when entering into and fulfilling a consumer contract, acts outside the scope of their business, employment, or profession.
• Seller: A person acting within the scope of their business, employment, or profession when entering into and fulfilling a consumer contract or a person acting on their behalf or on their account.
• Alternative Dispute Resolution (ADR): A process conducted by a designated ADR body to achieve an amicable resolution of a dispute between the parties.
• Parties to the Dispute: The consumer who filed the proposal for ADR and the Seller against whom the proposal is directed.
• ADR Body: The Slovak Trade Inspection or another authorized legal entity listed in the registry of ADR bodies maintained by the Ministry of Economy of the Slovak Republic.

The current list of ADR bodies is available on the Ministry of Economy's website: www.mhsr.sk.

Consumer's Rights:

1. The consumer has the right to contact the Seller with a request for remedy if they are dissatisfied with how the Seller resolved their complaint or believe their rights have been violated.
2. If the Seller rejects the request for remedy or fails to respond within 30 days, the consumer may submit a proposal to initiate ADR with a relevant ADR body.

Filing a Proposal:

The consumer must file the proposal with the designated ADR body. Filing a proposal for ADR does not affect the consumer's right to pursue court proceedings. If multiple ADR bodies are competent to handle the dispute, the consumer has the right to choose which one to contact.

Required Content of the Proposal:

• The consumer's full name, address, email address, and telephone contact, if available.
• The precise identification of the Seller.
• A complete and clear description of the key facts.
• Specification of what the consumer seeks to achieve.
• The date the consumer contacted the Seller with a request for remedy and information that their attempt to resolve the dispute directly with the Seller was unsuccessful.
• A statement confirming that the same proposal has not been submitted to another ADR body, that the matter has not been decided by a court or arbitration body, that no mediation agreement has been concluded, and that no ADR process has been completed in accordance with § 20(1)(a)–(e) of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments to Certain Acts.

The proposal must include documents related to the subject of the dispute to substantiate the claims made in the proposal.

The proposal can be submitted in writing, electronically, or orally for the record. The consumer may also use a standard form available as Appendix No. 1 to Act No. 391/2015 Coll., which can be found on the Ministry of Economy’s website or the websites of individual ADR bodies.

Additional Information:

Further details on ADR can be found in Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and Amendments to Certain Acts. Consumers can also obtain information from any Slovak Trade Inspection office or from the ADR bodies listed in the registry maintained by the Ministry of Economy.

A platform for online dispute resolution, where consumers can file their proposals for ADR, is available at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

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XI. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the laws of the Slovak Republic. If the purchase contract contains an international element, the parties agree that their relationship will be governed by the laws of the Slovak Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer, as defined by § 3(1)(n) of the Consumer Protection in Distance Selling Act.
3. All rights to the Seller's website, including copyrights to its content, layout, photos, videos, graphics, trademarks, logos, and other elements, belong to the Seller. Copying, modifying, or using any part of the website without the Seller's consent is prohibited.
4. The Seller is not responsible for errors resulting from third-party interference with the Online Store or its use in a manner contrary to its intended purpose. The Buyer is not permitted to use procedures that could negatively affect the Online Store’s operation or engage in activities that could allow unauthorized access to the software or components of the Online Store.
5. The purchase contract, including these Terms and Conditions, is archived by the Seller in electronic form.
6. The Seller may amend or supplement these Terms and Conditions. Such changes do not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
7. A sample withdrawal form is attached to these Terms and Conditions as an appendix.

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Appendix 1: Sample Withdrawal Form

SELLER:
Good Buy s.r.o.
Company ID (IČO): 54396344
Tax ID (DIČ): 2121660024
VAT ID (IČ DPH): SK2121660024
Address: Svätovavrinecká 13920/10, 83101 Bratislava
Registered in the Commercial Register of the District Court Bratislava III, Section: Sro, Insert No.: 158773/B

Contact Information:
Email: info@good-buy.sk
Website: www.vape.menu

BUYER:
Name and surname of the consumer(s): ___________
Address of the consumer(s): ___________
Email address of the consumer(s): ___________

I hereby notify you that I withdraw from the purchase contract for the following goods:

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Date of order/date of receipt of goods: ___________

The consumer is returning the purchased goods to the Seller at their own expense.

Signature of the consumer(s): ___________
Date and place: ___________