Terms and Conditions
Article I. Introductory provisions
- These terms and conditions shall apply to a distance sale on the website www.juicymonsters.com (hereinafter "Seller"), and by clicking the box confirming the terms and conditions of the transaction before sending the order, the Buyer indicates he is aware of the abovementioned terms and conditions, has fully comprehended their contents and that he agrees with them.
- The term “distance sale” refers to a sale contract concluded between a Seller and a Buyer, who is a consumer, to a distance sale made exclusively through means of communication, e.g. the internet and electronic mail (the "Purchase Agreement").
- The Purchase Agreement shall be governed by the relevant provisions of Act No. 108/2000 Coll. On Consumer Protection in Doorstep and Distance Selling as amended (the "Act no. 108/2000 Coll.") and these terms and conditions (hereinafter referred to as "T&C") that governing the details of conclusion and implementation of a Purchase Agreement.
- The seller is a company Juicy Monsters s.r.o. (established in Slovakia, equivalent of LLC), with its registered seat at Za Mlynom 34, 831 07 Bratislava, Company ID: 45579466, registered in the Commercial Register of District Court Bratislava I, section Sro, insert No. 65824 / B (hereafter referred to as "Seller"), which is also the operator of the website www.juicymonsters.com (hereafter referred to as the "Site") as well as its online Seller.
- The contact details of the Seller are as follows:
- Address: Za Mlynom 34, 83107 Bratislava, Slovak Republic
- Telephone number: + 421 0905 572 524 (please call during working days between 09:00 and 17:00)
- e-mail: [email protected]
- The term “Buyer” refers to a site user, i.e. each site visitor registered on the site by completing the required registration information (name, surname, mail address, login, password, gender) and accepting the Terms and Conditions, that has submitted an order via Internet Trade (hereinafter the "Buyer").
- The Supervisory Authority:
Inspectorate of SOI for the Bratislava region
Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, Slovak Republic
Department of technical control products and consumer protection
e-mail: [email protected]
Article 2. Goods and pricing information
- Information on the goods listed in the Seller catalogue are drawn from publicly available sources and from the official websites of their producers.
- The images in the goods description may be illustrative.
- Price of goods listed in the Seller catalogue include value added tax (VAT). The price does not include cost of shipping of the goods by registered letter or package. The shipping costs in the Slovak Republic are set for each order and are automatically credited to the purchase price of the goods. For international shipping, please send an individual inquiry to the Seller at [email protected]
- Buyer acknowledges that the information on the availability of goods and final goods prices may differ from those in the catalog online Seller, and may be subject to change due to availability information from the producer and Seller.
- All promotions are valid while the supplies last, unless stated otherwise for particular product.
Article 3. Order
- Submitting an order is subject to confirming that the Buyer has acquainted himself with the following Terms and Conditions and his acceptance of processing his personal data by the Seller.
- After submitting the order, a confirmation e-mail will be sent to the Buyer in which the Seller confirms processing of the order, thereby concluding the contract. Any additional information about the order shall be delivered to the e-mail address specified by the Buyer.
- Total price of goods ordered and the estimated delivery date shall be included in the order confirmation.
Article 4. Concluding the Purchase Agreement
- The Purchase Agreement is a binding acceptance of the proposal to conclude a Purchase Agreement made in form of e-mail message sent by the Buyer to the Seller and/or in the form of submitting a filled-in order form through Seller’s website and / or in form of telephone order by the Buyer (hereafter "Order").
- The binding acceptance of the order is done by the Seller by phone or e-mail confirmation of the Buyer’s order after prior submission of the Order by the Buyer, after verifying the availability and confirming the delivery date, labeled as “Order confirmation". Automatically generated notice of creating the order in the the electronic system of the Seller shall not be deemed as binding acceptance of the Order.
- Binding acceptance of the Order shall contain information about the name and specification of goods whose sale is subject to the Purchase agreement, further details of the price of goods and/or other services, the name and address of the Buyer, the address where the goods are to be delivered, price, manner in which the goods are to be delivered to the place of delivery specified by the buyer and other information.
Article 5. Seller’s obligationsThe seller undertakes to deliver:
- The type and quantity of goods in the purchase price and at the payment terms that apply at the date of submitting the order, except for obvious errors and in the event of a significant change in the price of goods.
- Goods shall be packaged properly to avoid any damage during shipping.
- Late delivery of goods caused by post service or other shipping company.
- Late delivery of goods caused by incorrect address provided by the Buyer.
- Case of the Buyer, after receiving the goods, finds that they are not according to his expectations (in manner of design, likeness etc., not quality). Such cases can’t be considered a legitimate case for a complaint.
Article 6. Buyer’s ObligationsThe Buyer undertakes:
- To accept the delivered goods, to check the integrity of packages and in case of any faults notify the Seller immediately.
- To pay the purchase price for goods in the amount and under payment conditions valid on the date of submitting the order.
Article 7. Withdrawal from the Purchase Agreement
- The buyer is entitled to withdraw from the Purchase Agreement without providing any reason in accordance with sec. § 7 of the Act no. 102/2014 Z.z. On Consumer Protection in Distance Selling within 14 days of receiving the goods. If in goods are delivered separately under one order, the withdrawal period shall start from the moment of actual receipt of the goods.
- The Buyer must apply his right to withdraw from the Purchase agreement in writing, in paper form or in writing on another durable medium (e-mail). The Buyer can use the form set out in paragraph 3 of this Article. Should the withdrawal be sent on the last day of the period, the conditions for withdrawal are considered fulfilled.
- A template of withdrawal
(complete and return this form only if you wish to withdraw from the contract)
- “ I, [insert Buyer’s name and the address, in case of a natural person who is an entrepreneur, the business name and registered office or place of business, in case of a legal person, the business name and registered office or place of business, e-mail address, and/or telephone or fax number] hereby announce that I’m withdrawing from the Purchase Agreement concerning the following goods: (…..)”
- The goods have been ordered on (…) and received on (…).
- [Insert contact details of the Buyer, his address and sign if sending the withdrawal in a paper form. ] In (…) on (…date…).
- The Buyer shall send the goods back to the Buyer within 14 days from the date of withdrawal from the Purchase Agreement. It is s advisable to send the goods as a package by recorded delivery; it is not recommended to use cash on delivery method. The Buyer shall attach a copy of the tax document (invoice), which he had received with the goods and a copy of the acknowledgment of receipt confirmed by the post/shipping company. The period for returning goods is considered observed if the goods are handed over for shipping by the last day of the period. The cost of returning goods shall be borne by the Buyer.
- The Seller agrees to return the purchase price within 14 days to the account provided in the Buyer’s complaint form. The delivery cost shall also be refunded to the level of cheapest shipping method provided by the Seller (i.e. basic delivery via Slovak Post). In the event of unwarranted withdrawal from the Purchase Agreement the goods shall be returned at the expense of the Buyer.
Article 8. Cancellation of the Order
- The Buyer may cancel an order that has not been completed yet by sending a request to the e-mail address [email protected] In the purchase price has already been paid by Buyer, the Seller shall return the purchase price or part of it within 15 days by bank transfer to an provided by the Buyer in their request for cancellation, otherwise to the account from which the initial payment for goods was effected. The Seller is entitled to set off reasonably incurred costs in accordance with paragraph 2 of this Article to amount to be returned to the Buyer.
- If the Buyer cancels an order at the time of confirmation of the delivery to the Seller, the Seller shall pay all reasonably incurred costs associated with the realizing of the present order.
- The Seller has the right to cancel an order for reason of unavailability of the goods. He shall immediately notify the Buyer by telephone, in writing or by e-mail. If the Buyer has already paid the purchase price or part of it, it shall be returned within 15 days by bank transfer to the account provided by the Buyer, otherwise the account from which the payment was effected.
Article 9. Payment Terms
- E-Shop juicymonsters.com offers the following payment options:
- Cash on delivery – the most used payment method in the Slovak Republic. The purchase price shall be paid to the postman or courier on delivery.
- Online payment - depositing the payment to the account of the Seller via PayPal.
- The purchase price can’t be paid any bills or checks issued by any legal entity.
- The tax document (invoice) shall be included with the packaged goods. Warranty card, if provided with the goods, shall be supplied within the package of the goods.
Article 10. Terms of Delivery
- The delivery period begins on the date of receipt of a binding order which contains all the necessary data for its dispatch.
- Seller delivers goods through a contractual courier service. When the package shall be ready for the shipment, the Buyer will be informed by SMS message or e-mail. In case the Buyer can’t pick the delivery at determined time or place, he can change the delivery date or delivery address.
- Unless otherwise agreed, the Seller undertakes to deliver the goods to the Buyer not later than within seven working days from the confirmation of the order to he Buyer.
- The Buyer is obliged to completely unpack the goods immediately after the delivery and check the goods for any mechanical damage. In the case of mechanical damage or incomplete shipment the Buyer shall immediately notify the Seller.
- The Buyer shall co-operate to ensure the proper delivery. Shall he fail to do so and the goods will be sent back to the Seller at his costs due to the fact that the Buyer couldn't have been reached multiple times, the Seller has the right for his actual costs of the unsuccessful attempt to deliver the goods to be reimbursed by the Buyer.
- Goods are sent to the Buyer by the cash on delivery method, unless the Seller and the Buyer have agreed on another method of payment. The Buyer pays the shipping costs according to the currently valid price list at the time of delivery of receipt of goods together with the purchase price for the goods delivered.
Article 11. Shipping Costs
Shipping is provided by courier service GEIS Parcel SK, s.r.o. or via Slovenská Pošta, a.s. and the shipping costs are as follows:
- Shipping within the Slovak Republic: 3,30 EUR. On orders exceeding 25 EUR free.
- Shipping to the EU countries: 6,80 EUR
- Shipping to the non-EU countries: 9.40 EUR
In case the you want your goods to be shipped to another country, please contact us at [email protected]
The Seller reserves the right to change the terms of this Article without prior notice.
Article 12. Return Policy
- The Buyer submits a complaint in writing or by e-mail at [email protected] in the statutory warranty period which is 24 months, unless the laws provides for a different warranty period or otherwise agreed, and begins from the date of receipt of goods by the Buyer.
- The Buyer applying the complaint is obliged to send the Seller the claimed goods with original invoice and original warranty (in case it was provided with the goods). The Seller won’t accept claimed goods if they are sent via cash on delivery method by the Buyer.
- The Seller is liable for defects which are detected on goods on delivery by the Buyer as well as for defects that occur after use of the goods after their delivery and during the warranty period.
- The Seller is not liable for defects caused mainly by mechanical damage, inevitable events - natural disasters, improper handling - contrary to the instructions for use, the usual manner of use, in specific cases depending on the nature of handling and in cases of handling by unauthorized persons, including the user, or other tampering.
- The Seller shall determine the way of handling the claim immediately, in complicated cases within 3 working days from the date of the claim and in justified cases, in particular where a complex technical assessment of the condition of the goods is necessary, within 30 days from the date of the claim. The Buyer will be notified by telephone, in writing or by e-mail about handling of his complaint. The time of handling the complaint shall not exceed 30 days from the receipt of the claimed goods by the Seller.
- If the Buyer submits a complaint of goods within the first 12 months of purchase, the Seller may settle the complaint by refusing only based on expert assesment and whatever the outcome of the expert assesment may be, the Seller can’t require the Buyer to handle the costs of expert assesment nor any other costs associated with expert assesment.
- If the Buyer submits a claim after 12 months after purchase and the Seller rejects it, the person who has handled the claim shall inform the Buyer where to send the goods for an expert assessment.
- If the defect can be removed, the Buyer is entitled to be free, timely and proper removal of the defect. The Seller shall remove the defect promptly. If the defect can’t be removed and it prevents good from being properly used as without defects, the Buyer is entitled to free exchange of goods or to withdraw from the contract. The same rights belong to the Buyer if the defects are removable, but the same defects occurs after repair or a greater number of defects prevent the Buyer from properly using the goods. A repeated occurence of the defect after the repair means a defect that was at least twice repaired in the warranty period, occurs again. A larger number of defects means that there are at least three different removable defects that prevent the goods from being used properly.
- The Seller is obliged on submission of claim to give the Buyer confirmation of claim and a certificate of claim handling no later than within 30 days from the date of the claim. The Buyer shall be informed immediately after the claim procedure is finished via e-mail or by phone and at the same time he shall be sent a copy of the Claim Protocol along with goods or by e-mail.
Article 13. Alternative Online Dispute Resolution
- The Buyer as the consumer has the right to contact the Seller with a request for redress (e-mail to [email protected]) if not satisfied with the way the Seller responded to a complaint or if the Buyer believes the Seller violated his rights. If the Seller responds to this request rejection or fails to respond to it within 30 days of departure, the consumer has the right to initiate alternative dispute resolution to an alternative dispute resolution body (hereinafter ADR entity) under the Act 391/2015 Coll. ADR entities are bodies and legal persons under Section 3 of the Act 391/2015 Coll. The consumer can file an action according to the provisions of Article 12 of Act 391/2015 Z.z.
- The consumer may file a complaint through alternative dispute resolution platform RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
- Alternative dispute resolution can be only be used by a consumer - a natural person who, in concluding and performing the contract does not act within the scope of his business, employment or occupation. Alternative dispute resolution relates only to disputes between consumers and sellers, arising from a consumer contract or related to a consumer contract. Alternative dispute resolution refers only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of 20 EUR. ADR entity may require the consumer to pay a fee for initiating an ADR up to a maximum 5 EUR including VAT.