Terms and Conditions in the Online Store www.abrakastore.sk

1. Basic Provisions
These Terms and Conditions (T&C) govern the relationships between the contractual parties of a purchase contract, where on one side is the operator South s.r.o., Veterná ulica 500/36, 922 02 Krakovany, Identification Number (IČO): 51841070, Tax Identification Number (DIČ): 2120805786, VAT ID: SK2120805786, registered office at Veterná ulica 500/36, 922 02, Krakovany, Extract from the Commercial Register of the District Court Trnava, Section: Sro, Insert Number: 42706/T as the seller (hereinafter referred to as “seller”), and on the other side is the buyer, who may also be a consumer (hereinafter referred to as “buyer”), i.e., a natural person who, in concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Legal relations between the seller and the consumer not expressly governed herein shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll., on Consumer Protection and on the amendment of the Act of the Slovak National Council No. 372/1990 Coll., on offenses as amended, Act No. 102/2014 Coll., on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the business premises of the seller, and on the amendment of certain acts (hereinafter referred to as the “Consumer Protection Act in the Sale of Goods Based on a Distance Contract”), all as amended by later legal regulations. Purchases made by business entities are governed by the Commercial Code No. 513/1991 Coll.
The supervisory authority for consumer protection is the SOI Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava 1.

Bank connection:
IBAN : SK1383300000003004005566
BIC / SWIFT : FIOZSKBAXXX (8330), Fio banka, a.s.

Phone number: +421 940 600 102 – (MO – FRI.: 8:30 – 16:00)
Email: info@abrakastore.sk

2. Order and Contract Conclusion
The purchase contract, which forms the basis for the sale of goods by the seller to the buyer, arises from a binding order. A binding order is considered to be an order placed through the ‘shopping cart’, an order via email, or a telephone order subsequently confirmed by the seller. Confirmation of the order is considered to be a telephone or email contact typically initiated by the seller after the order (in the case of a telephone order, confirmation of the order is usually considered to be a telephone call where the subject, quantity, and price of the order, as well as the method, price, and delivery time, were specified). The seller reserves the right to contact the buyer to specify the delivery time and method, the content of the order (specification of goods, quantity of goods), and the price of the goods. An order confirmed by the seller (or its part) is binding on both parties if the conditions agreed upon at the time of confirmation are not violated. Essential conditions include, in particular, the content of the order (exact specification of goods and their quantity), the price for the goods and shipping, the method, and the delivery date.

4. Prices of Goods

All prices of products in the e-shop are final, including all taxes. The seller is a VAT payer. The price of the product does not include delivery costs. These are specified on the Delivery and Payment page and in the shopping cart before completing the order, where the buyer can see the total price of the order including the delivery costs.

5. Payment for Goods

The seller accepts payment for the ordered goods through methods specified on the Delivery and Payment page.
As part of the order in the e-shop, the buyer is obliged to pay the price to the seller for the ordered goods. In the online store abrakastore.sk, the buyer can pay the purchase price using the following methods:

Cash on delivery: Payment for the goods will be made upon delivery, available only in Slovakia in euros. Card payment is not possible (a fee of 2€ including VAT is charged for cash on delivery).
Card payment: Payment via the Gopay payment gateway. After confirming the order, the buyer is redirected to the Gopay payment server to fill in the necessary payment details. Once their validity is verified, the order will be confirmed and the amount equal to the purchase price will be deducted from the buyer’s account.

Bank connection:
IBAN : SK1383300000003004005566
BIC / SWIFT : FIOZSKBAXXX (8330), Fio banka, a.s.

Product Prices

All prices of products in the e-shop are final, including all taxes. The seller is a VAT payer. The price of the product does not include delivery costs.

Delivery Conditions

Deliveries of ordered goods will be executed as soon as possible based on product availability and operational capabilities of the seller (order confirmation by 12:00 PM the following day, goods dispatched to the customer on the same day), usually within 2-3 business days from the binding confirmation of the order, unless a longer period is specified for a particular product. In exceptional cases, the delivery time may exceed 7 days or the specified period for the respective product (if a longer delivery time is specified for the product), but only after agreement with the buyer.

The goods are considered received by the buyer at the moment when the buyer or a designated third party (excluding the carrier) takes possession of all parts of the ordered goods, or if a) goods ordered by the buyer in one order are delivered separately, at the moment of receipt of the goods delivered last, b) goods consisting of multiple parts or units are delivered, at the moment of receipt of the last part or unit, c) goods are delivered repeatedly during a defined period, at the moment of receipt of the first delivered goods.

Individual delivery methods are offered based on the current availability of services and considering capacity and travel options. In the event of force majeure or system failure, the seller shall not be liable for delayed delivery of goods

10. Contractual Terms

a) The buyer is obligated to pay the seller the purchase price for the agreed product within the deadline specified in the purchase contract, but no later than upon receipt of the product.
b) If the buyer pays the purchase price to the seller for the product agreed upon in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with applicable Slovak legal regulations.
c) If the buyer does not pay the entire purchase price upon receipt of the product, the parties have agreed that the seller is entitled to withdraw from the purchase contract and demand compensation from the buyer for the costs incurred in ordering and delivering the unpaid product.
d) The prices of products listed on the seller’s website are valid at the time the consumer’s order is submitted.
e) The purchase price will be considered paid by crediting the entire purchase price to the seller’s account, in case of payment by bank transfer to the seller’s account, or by payment of cash to the courier.
f) The seller reserves ownership rights to the product until the complete payment of the purchase price.
g) The purchase receipt issued based on the purchase contract between the seller and the buyer also serves as a tax receipt.
h) The buyer’s acceptance of the product is generally possible only after its full payment, unless agreed otherwise.
i) The transportation cost of the product is added to the product price, as specified in section 7.2 above.
j) The product is sold according to the buyer’s specifications and the samples, catalogs, standard sheets, and samples provided by the seller, posted on the seller’s e-commerce website.
k) If the seller and the consumer do not agree otherwise, the seller is obligated to fulfill the consumer’s order within 30 days from its delivery.
l) The buyer will accept the product by means specified in the buyer’s order acceptance by the seller.
m) Information about the properties of the products, quantity, and other data contained on the seller’s e-commerce website are binding.
n) The place of delivery of the product is the location specified in the buyer’s order acceptance by the seller, unless otherwise agreed in the purchase contract.
o) The seller will deliver the product to the address specified in the purchase contract by the buyer. The product is considered delivered upon delivery to the address specified in the binding order acceptance.
p) If the seller delivers the product to the location specified in the purchase contract by the buyer, the buyer will personally accept the goods or ensure that the goods are received by a person authorized by the buyer in case of absence for the acceptance of the goods specified in the purchase contract and sign a delivery and acceptance protocol. The third party authorized to accept the goods specified in the purchase contract must present the original or a copy of the purchase contract and proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the location specified in the purchase contract, all associated costs shall be borne by the buyer, especially the repeated delivery of the goods to the destination specified in the purchase contract. The goods are considered delivered upon delivery to the address specified in the binding order acceptance and accepted at the moment of physical receipt by the buyer or its authorized representative, or refusal of the goods, which the carrier will note in the delivery and acceptance protocol.
q) The costs associated with removal are not included in the purchase price of the goods, and the seller is not obligated to provide these services to the buyer.
r) If the buyer inspects the product upon delivery and finds any defects, the buyer shall notify the seller of this fact and assert a claim for the defective product or withdraw from the contract with the seller.
Deliveries of ordered goods will be executed based on product availability and the operational capabilities of the seller in the shortest possible time (order confirmation by 12:00 PM the following day, goods dispatched to the customer on the same day), usually within 1-3 business days from the binding confirmation of the order, unless a longer period is specified for a particular product. In exceptional cases, the delivery time may exceed 7 days or the specified period for the respective product (if a longer delivery time is specified for the product), but only after agreement with the buyer.
If the product is marked as ‘on order’ or ‘on request’, it is necessary to contact the seller via email or phone for clarification of the delivery time.

The goods are considered received by the buyer at the moment when the buyer or a designated third party (excluding the carrier) takes possession of all parts of the ordered goods, or if a) goods ordered by the buyer in one order are delivered separately, at the moment of receipt of the goods delivered last, b) goods consisting of multiple parts or units are delivered, at the moment of receipt of the last part or unit, c) goods are delivered repeatedly during a defined period, at the moment of receipt of the first delivered goods.

11. Complaints about Goods

Only goods purchased directly from the seller and owned by the buyer can be subject to complaint.
If ownership has not yet transferred to the buyer, the buyer can process the complaint only after full payment as per § 151a et seq. of the Civil Code.
If the buyer is a consumer (a natural person not acting within the scope of their business, employment, or profession), a warranty of 24 months is provided for all offered goods, unless stated otherwise, in accordance with the Consumer Protection Act and the Civil Code. If the buyer is not a consumer, the provisions of the Commercial Code apply, and the warranty period is 1 year. The warranty period starts from the day the product is received from the carrier or directly from the seller if the buyer personally takes possession of the goods on the day of receipt.
The buyer is obliged to report the complaint immediately to the seller upon discovering a defect at the seller’s address (South s.r.o., Veterná ulica 500/36, 922 02 Krakovany), or by email at: info@abrakastore.sk
The complained goods must be sent to our address below, but not cash on delivery, rather as a letter or personally delivered to the contact address of the pick-up location. The goods must be properly packaged to prevent damage during transport. The completed Complaint Form must be attached to the goods (if not already submitted electronically). You can find a simple process along with the complaint form here: COMPLAINT FORM.
The complaint must be sent in writing (by post) to the contact address: Abraka, Štefánikova ulica 15A, 921 01 Piešťany
The seller will confirm receipt of the complaint promptly and issue a confirmation of its processing as soon as possible. The day of complaint submission is considered the day it is delivered to the seller.
The seller is obligated to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of complaint submission. However, the processing of the complaint must not exceed 30 days from the date of complaint submission. After the 30-day period for handling the complaint expires, the buyer has the right to withdraw from the purchase contract and receive a full refund for the goods or demand exchange of the goods for new ones.
Buyer’s rights when asserting a complaint:
In the case of a remediable defect, the buyer has the right for it to be rectified free of charge, properly, and promptly. The method of defect rectification is decided by the seller. Instead of repairing the defect, the buyer may demand the exchange of the defective item for a flawless one, if it does not impose disproportionate costs on the seller in relation to the price of the goods or the seriousness of the defect,
The complaint is considered processed when the procedure ends with the delivery of the complained goods, their exchange, refund of the purchase price of the goods, a written request for performance acceptance, or justified refusal.
These complaint conditions are an integral part of the general terms and conditions, and the seller reserves the right to amend them at any time without prior notice to the buyer.
The warranty does not cover normal wear and tear of the goods or parts thereof caused by washing and using the goods, which naturally alters the appearance of the product.

Claims for complaint cease due to defects caused by:

Neglecting care and maintenance of the goods (ironing at high temperatures, using softeners and conditioners, washing with clothes with dry zippers),
Mechanical damage to the product by the buyer (abrasion on sharp objects, dry zippers, backpacks, and sharp objects).

12. Returning Goods – Withdrawal from the Contract without Giving a Reason

You have the right to withdraw from this contract without giving a reason within 30 days. The withdrawal period expires 30 days after the day you receive the product.
If you decide to return the goods, please adhere to these basic conditions:
After receiving the goods, the buyer has the opportunity to test its functionality, but cannot use the goods if withdrawing from the contract. For the purpose of determining the nature, characteristics, and functionality of the goods, the consumer should handle and inspect the goods in the same manner as would be permitted in a ‘brick and mortar’ store. During the withdrawal period, the buyer is required to handle and inspect the goods with due care. For example, purchased clothing should only be tried on, not worn, and the goods should be returned with original tags or other protective or identifying devices.
The buyer is responsible for any decrease in the value of the goods resulting from handling beyond what is necessary to establish the nature and functionality of the goods.
The buyer must return the goods to the seller or to a person authorized by the seller to receive the goods, without undue delay and no later than 30 days from the day of withdrawal from the contract.
Consequences of Withdrawal from the Contract: After withdrawal from the contract, we will refund all payments received from you, including the purchase price and the cost of delivery of the goods to you. The payments will be refunded without undue delay, no later than 30 days from the day we receive your notice of withdrawal from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund.

You can find the return form here.

13. Alternative Dispute Resolution

In the event that the buyer was not satisfied with the handling of the complaint by the seller, or if the buyer turned to the seller with a request for remedy and was not satisfied with the way the seller handled their complaint, or if the buyer believes that the seller has violated their rights, the buyer has the right to turn to the seller with a request for remedy. If the seller responds negatively to such a request or does not respond within 30 days from the date of its submission, the buyer has the right to submit a proposal for alternative dispute resolution by contacting the entity for alternative dispute resolution, such as the Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava (www.soi.sk).
Disputes can be resolved through the Alternative Dispute Resolution platform RSO (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK).