1.1. These Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company
Company name: ETERNITY & SPARK, Ltd.
Headquarters: Marcek 80, Svedernik 013 32, Slovak Republic
Registered in the Commercial Register: District court of Zilina, Section Ltd, File No. 56456/L
Merchant ID: 46621903
Tax ID: 2023486212
VAT number: SK2023486212
Bank account:
Account number for payment SVK(€): 2300244663 / 8330 (IBAN: SK2483300000002300244663)
Account number for payment CZ(Kč): 2501909895 / 2010 (IBAN: SK9483300000002501909895)
Account number for payments forints: 12600016-17036089-72797916 (IBAN: HU71126000161703608972797916)
Seller is VAT payer.
(hereinafter “Seller” or “Merchant”) and every person who is a Buyer of goods or services offered by the Seller on the Seller's website, and who acts as a consumer in accordance with the other provisions of these GTC and the relevant laws defining the consumer, within the framework of the current legislation of the Slovak Republic, in particular laws: Act No. 102/2014 Coll. On Consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the Seller's premises, as amended, Act No. 250/2007 Coll. On Consumer protecion as amended, Act No. 22/2004 Coll. on Electronic commerce as amended, Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. On Consumer protection as amended.
1.1.1. Email contact and telephone contact for the Seller is:
Email: info@harahu.com
Tel. č.:
Zákaznícka linka pre Slovensko (komunikácia v slovenčine)
+421 918 212 326
+421 949 598 818
Zákaznická linka pro Česko (komunikace v češtině/slovenštině)
+420 775 813 116
+420 775 813 127
Magyarországi ügyfélszolgálat (magyar nyelvű kommunikáció)
+36 70 356 5665
+421 903 898 250
Kundenservice für Deutschland / Österreich (Kommunikation auf Deutsch)
+421 910 232 033
Telefon kontaktowy dla Polski (komunikacja w języku polskim)
+421 911 232 188
Customer service for Romania (communication in English/German)
+421 910 232 033
Customer service for English speakers
+421 910 232 033
1.1.2.The seller recommends consumers to use the right to withdraw from the contract without giving a reason at the following address:
ETERNITY & SPARK, Ltd., Marcek 80, Svedernik 013 32, Slovak Republic
1.2.These General Terms and Conditions regulate the legal relations between Buyers who are consumers and the Seller.
1.3.The term Internet store (eshop) is identical to the term Electronic store and to the term Web site.
1.4.The buyer is any person (natural person or legal entity) who sent the order mainly by using the Seller's website, or by other means of remote communication.
1.5.The consumer is the Buyer, who is a natural person, and who, when concluding a purchase contract through the Seller's website, does not act within the scope of his business activity.
1.6.Contractual relations (as well as other legal relations that may arise from the contractual relation)with Buyers who do not act in the capacity of a consumer are subject to the provisions of Act No. 513/1991 Coll., the Commercial Code.
1.7.A contract concluded at a distance means a contract between the Seller and the consumer agreed and concluded exclusively through one or more means of remote communication without the simultaneous physical presence of the Seller and the consumer, in particular by using the website or other means of distance communication.
1.8.The term Purchase Agreement includes a purchase agreement for products and a service delivery agreement, within the meaning of the text specified in these Terms and Conditions.
1.9.Products (furter also „Stuff“ or „Items“) ar goods or services, which are intended for sale and at the same time are published on the Seller's Web site.
1.10.The seller is also the operator of the electronic system through which he operates the website.
2.1.The proposal for the conclusion of a purchase contract by the Buyer is the sending of the order of products by the Buyer mainly using the Seller's website, or other means of remote communication.
2.2.The conclusion of the purchase contract between the Buyer and the Seller takes place at the moment of delivery of the confirmation of acceptance of the order to the Buyer, which was created by the Buyer in accordance with point 2.1. of these TC to the Seller (electronically to the Buyer's email address chosen by the Buyer in the process of creating the order).
2.3.The purchase contract is concluded for a fixed period of time and expires in particular upon fulfillment of all obligations of the Seller and the Buyer.
2.3.1.The purchase contract can also be terminated in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer and in similar cases.
2.4.The Seller informs the Buyer that in the case of ordering products by the Buyer, the order is associated with the obligation of payment for the Buyer, in the form of payment chosen by the Buyer.
3.1.The price of goods and services ordered through the Seller's website (hereinafter referred to as „purchase price“) is listed separately for each product and is valid at the moment the order is created by the Buyer.
3.2.The basic payment currency is the euro.
3.3.The purchase price of the goods or services listed on the Seller's website is the total price of the goods or services including all taxes, which is clearly indicated on the Seller's website.
3.3.1.The purchase price of goods or services does not include transport costs or other costs related to the delivery of products
4.1.You can pay for goods and services on the Seller's website as follows::
4.1.1.cash on delivery payment
4.1.2.online payment via the payment gateway GPWebpay- price 0 Eur
4.1.3.payment by deposit or transfer to the Seller's account – price 0 Eur
5.1.In case the Buyer chose cash on delivery as the form of payment for the order. The Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract in accordance with point 2.2. and so on of these TC.
5.1.1.In case that the Buyer has chosen a form of payment for the order other than cash on delivery, the Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract in accordance with point 2.2. and so on of these TC and payment of the total price of the order to the Seller. In the event that both conditions listed in point 5.1.1 have been met. of these GTC (i.e. if a purchase contract has been concluded and the total price of the order has been paid to the Seller), the Seller is obliged to deliver the products to the Buyer no later than 30 days from the date of fulfillment of both of these conditions.
The usual deadline for the Seller to ship the products is 3 days from the date of conclusion of the purchase contract or 3 days from the date of payment of the total price of the order to the Seller.5.2.The place of delivery of the ordered product is the address specified by the Buyer in the order
5.3.The Seller will deliver the product with his own funds to the Buyer (or a person authorized by the Buyer to take over the product), or through third parties (transport and delivery companies).
5.4.The delivery of the product is made by its acceptance by the Buyer (or by the Buyer authorized person to accept the product).
5.5.The Seller can send the goods that are immediately available to the Buyer and deliver the remaining part of the order additionally in a period that is in accordance with the delivery period according to these TC, but only on the condition that the Buyer will not incur any additional costs as a result of the Seller's actions, and only if Buyer agrees.
5.6.The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the invoice and documents that relate to the order and other documents, if they exist and are typical for the given products or services.
6.1.The risk of damage of the product and the responsibility for damage to the product pass to the Buyer only upon proper acceptance, and it does not matter whether the Buyer takes over the product personally or through an authorized third party. The Seller recommends the Buyer to check the received order when receiving the order.
6.2.Ownership of the products is transferred to the Buyer upon receipt of the products by the Buyer at the place of delivery specified by the Buyer.
6.3.The Seller has the right to proper and timely payment of the price of the order from the Buyer for the delivered goods.
7.1. Transport methods and price for shipping ordered products:
7.1.1. Forms of Transport: You can see the current offered methods on this link https://harahu.com/index.php?page=cart
7.1.1.1.The seller informs the buyer about the forms of transport that the buyer can choose on the seller's website during the purchase process, before concluding the purchase contract.
7.1.2.1.The Seller informs the Buyer about the prices for individual methods of transport on the Seller's website during the purchase process, before concluding the Purchase Agreement in the transport selection section, as the price for transport cannot be determined before specifying the delivery address of the Products. The Seller informs the Buyer that the price for the delivery of the products does not form part of the purchase price of the products.
8.1.If The seller timely and properly provided the consumer with information about the right to withdraw from the contract according to § 3 Sec. 1 letter. h) Act No. 102/2014 Coll., the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the Seller's premises within 14 days from:
8.1.2.If the Seller has provided the consumer with information according to § 3 par. 1 letter. h), Act No. 102/2014 Coll. only subsequently, but no later than within 12 months from the start of the period for withdrawing from the contract according to point 8.1. and so on of these Terms and Conditions, the period for withdrawing from the contract expires 14 days after the day when the Seller additionally fulfilled the information obligation.
8.1.3.If the Seller did not provide the consumer with information according to § 3 par. 1 letter. h) Act No. 102/2014 Coll. as amended or in the additional period in accordance with point 8.1.2. of these GTC, the withdrawal period expires after 12 months and 14 days from the date of commencement of the withdrawal period according to point 8.1. and so on of these GTC
8.1.4.The consumer can withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawing from the contract.
8.2.The consumer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to receive the goods within 14 days from the date of withdrawal from the contract at the latest. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline. (§10 par. 1 Act No. 102/2014 Coll.).
8.3.If the consumer wishes to use this right, the consumer is obliged to notify the seller of the withdrawal from the purchase contract no later than the last day of the specified period. The deadline for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the Seller at the latest on the last day of the deadline to the Seller's address. The consumer can also exercise this right in any of the Seller's establishments.
8.4.The consumer can use the right to withdraw from the contract with the seller in written form or in the form of a record on another durable medium; if the contract was concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract (hereinafter referred to as "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract.
8.4.1.If the consumer withdraws from the contract, any additional contract related to the contract from which the consumer withdrew is also canceled from the beginning. It is not possible to demand any costs or other payments from the consumer in connection with the cancellation of the additional contract, except for the payment of costs and payments specified in § 9 Sec. 3 and § 10 Sec. 3 Act No. 102/2014 Coll. As amended and the price for the service, if the subject of the contract is the provision of the service and if the service has been fully provided.
8.5.By withdrawing from the contract, the contracting parties are obliged to return the services provided to each other. The consumer is only responsible for the decrease in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The consumer is not responsible for a decrease in the value of the goods if the Seller has not fulfilled the information obligation regarding the consumer's right to withdraw from the contract according to § 3 Sec. 1 letter. h). Act No. 102/2014 Coll.
8.6.The consumer can use the withdrawal from the purchase contract form to withdraw from the contract without giving a reason. The mentioned form is freely accessible on the Seller's website.
8.7.If the consumer withdraws from the contract in accordance with Act no.102/2014 Coll., bears the costs of returning the goods to the Seller according to § 10 Sec. 3 Act No. 102/2014 Coll., and if he withdraws from the contract concluded at a distance, also the costs of returning the goods, which due to their nature cannot be returned by post. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled his obligation according to § 3 par. 1 letter i). Act no. 102/2014 Coll.
8.8.The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees ; this does not affect the provision § 8 Sec. 5. Act No. 102/2014 Coll. Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the Seller's premises and on amendments to certain laws.
8.9.According § 9 Sec. 3 Act No. 102/2014 Coll. as amended, the Seller is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a different delivery method than the cheapest common delivery method offered by the Seller. Additional costs mean the difference between the cost of delivery chosen by the consumer and the cost of the cheapest common delivery method offered by the Seller.
8.10.In case of withdrawal from the contract, the Seller recommends sending the products by registered mail. The Seller recommends not sending the goods by cash on delivery, which will not be accepted by the Seller.
8.11.When withdrawing from the contract, the consumer bears only the costs of returning the goods to the Seller or to the person authorized by the Seller to take over the goods. This does not apply if the Seller agreed to bear them himself, or if he has no fulfilled the obligation according § 3 Sec. 1 letter i). Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded outside the Sellers premises and on amendments to certain laws.
8.12.In addition to the obligations speciefied in sec. 1, 3 up to 5 and § 9 sec. 3 Act No. 102/2014 Coll. exercising the consumer's right to withdraw from the contract must not result in additional costs or other obligations for the consumer.
8.13.The right to withdraw from the contract does not apply to goods and services that are defined in §7 sec. 6 letter a) up to l) Act. No. 102/2014. Coll. Specifically:
8.14.In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form in which they were received from the consumer. Changing the form of the return of funds to the consumer is only possible with the consent of the consumer.
8.15.When withdrawing from a contract, the subject of which is the sale of goods, the Seller is not obliged to reimburse the consumer for payments under § 9 Sec. 1 Act. No. 102/2014. Coll. before the goods are delivered to him or until the consumer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorised by him.
8.16.Where a consumer withdraws from a contract for services and has given his express consent under § 4 Sec 6 Act No. 102/2014. Coll. as amended, the consumer is obliged to pay to the Seller only the price for the performance actually provided until the date of delivery of the notice of withdrawal from the contract. The price for the actual performance shall be calculated on a pro rata basis based on the total price agreed in the contract. If the total price agreed in the contract is overestimated, the price for the performance actually provided shall be calculated on the basis of the market price of the performance provided.
8.17.The consumer shall not be obliged to pay for
8.17.1.Services provided during the withdrawal period, irrespective of the extent of the performance provided, if:
8.17.1.1.The seller has failed to provide the consumer with information according to § 3 Sec. 1 letter h) or letter j) Act No 102/2014 Coll.,as amended.
8.17.1.2.The Consumer has not given the Seller express consent to commence the provision of the service under § 4 Sec. 6, Act No. 102/2014 Coll., as amended
8.17.2.Electronic content provided in whole or in part that is not delivered on a tangible medium if:
8.17.2.1.The Consumer has not given the Seller explicit consent to start providing electronic content according to § 4 Sec. 8, Act No. 102/2014 Coll., as amended.
8.17.2.2.The consumer has not stated that he or she has been duly informed that by giving his or her consent under the first point he or she loses the right to withdraw from the contract; or
8.17.2.3.The seller has not provided the consumer with a confirmation in accordance with § 6 Sec. 1 or Sec. 2 letter b). Act No. 102/2014 Coll., as amended.
8.18.If, on the basis of a contract concluded outside the Seller's premises, the goods have been delivered to the consumer's home at the time of conclusion of the contract and due to their nature it is not possible to send the goods back to the Seller by post, the Seller is obliged to arrange for the collection of the goods at its own expense within the time limit pursuant to § 9 Sec. 1 of Act No. 102/2014 Coll., as amended.
8.19.The Seller instructs the Buyer that if the provision of the service is to commence under the Service Contract before the expiry of the withdrawal period or if the Buyer requests the provision of the service before the expiry of the withdrawal period:
8.19.1.By consenting to the commencement of the service before the expiry of the withdrawal period, the buyer loses the right to withdraw from the contract once the service has been provided in full.
8.19.2.The Seller must have the Buyer's express permission to commence the provision of the service before the expiry of the withdrawal period and a statement that the Consumer has been duly instructed in accordance with clause 8.19.1 of these TC.
9.1.If the Consumer is not satisfied with the manner in which the Seller has handled his/her complaint or believes that the Seller has violated his/her rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds to the Consumer's request under the preceding sentence in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the Consumer, the Consumer shall have the right to file a motion for the initiation of an alternative dispute resolution pursuant to the provisions of § 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended. The competent entity for alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection (you can find contact https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another competent 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/, or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1. The buyer has the right to choose which of the listed alternative dispute resolution entities to turn to. The buyer can use the online dispute resolution platform available on the website to submit a proposal for an alternative resolution of their consumer dispute http://ec.europa.eu/consumers/odr/, or directly on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Alternative dispute resolution can only be used by the Buyer, who acts as a consumer in the conclusion and performance of the contract. Alternative Dispute Resolution applies only to a dispute between a consumer and the Seller arising out of or related to a consumer contract. Alternative dispute resolution applies only to distance contracts. The ADR entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT. All other information regarding alternative dispute resolution between the Seller and the Buyer - consumer arising from the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract is available on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.
10.1.The competent supervisory authority over legality in the field of consumer protection shall be: Slovak Trade Inspection Inspectorate based in Žilina for the Žilina region Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1 Supervision department phone no. 041/763 21 30, 041/724 58 68 fax no. 041/763 21 39 email: za@soi.sk
10.2.The Buyer may also address complaints or suggestions directly to the Seller at the address specified in clause 1.1.2. of these TC. The Seller also recommends the Buyers to address complaints and suggestions (in order to speed up the processing) to the Seller at the Seller's email address: info@harahu.com Any complaint or suggestion will be considered and dealt with by the Seller within 10 working days of its receipt. The Seller shall inform the Buyer about its handling in the same form as the Buyer delivered the complaint or complaint to the Seller.
11.1.The consumer, in accordance with §10 Sec 2 of Act No. 102/2014 Coll., as amended, is entitled to refuse to return the goods acquired on the basis of a contract concluded during or in connection with a sales promotion to the Seller until the Seller has returned the price paid or the advance payment for the goods or service to the consumer. A sales event is an event organised on the basis of an invitation, other invitation addressed to the consumer or information, the object of which is mainly the sale of goods or the provision of services and during which, or within 15 working days after which, a contract with the consumer is concluded.
11.2.The Seller shall not enter into a contract of sale or sell, broker, or deliver alcoholic beverages /products/, tobacco products and other products to persons (Buyers) who are under 18 years of age at the time of conclusion of the contract of sale, and whose sale is prohibited to persons under 18 years of age, in accordance with the valid and applicable laws of the Slovak Republic. Accordingly, the Seller shall verify that the Buyer is over 18 years of age by checking the Buyer's age by means of the Buyer's identity document (ID card or passport) when handing over the order to the Buyer. The Seller shall do the above through the authorized person who is to deliver the order to the Buyer. If the Buyer is under 18 years of age, or if the Buyer fails or refuses to prove his/her age, the Seller shall not deliver the order to the Buyer and the Purchase Contract shall be terminated.
12.1.In accordance with §3, Sec. 1, letter n), Act No. 102/2014 Coll. The Seller informs consumers that there are no special relevant conduct codes to which the Seller has committed itself, whereby a code of conduct means an agreement or a set of rules that define the Seller's conduct, which the Seller has undertaken to comply with this Code of Conduct in relation to one or more specific business practices or business sectors, unless these are provided for by law or by other legislation or action of a public authority, which the Seller has undertaken to comply with, and the manner in which the Consumer may become aware of them or obtain their text.
13.1.The Seller reserves the right to change the Terms and Conditions. The obligation of written notification of the change of the Terms and Conditions is fulfilled by placing it on the Seller's Website. In the event of a change in the Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the Terms and Conditions valid and effective at the time of conclusion of the Purchase Contract, until its termination.
13.2.These Terms and Conditions form an integral part of the Complaints Policy and the Privacy Policy of this Website. The documents - the Complaints Policy and the Privacy Policy of this Website are published on the domain of the Seller's Website.
13.3.These Terms and Conditions shall come into validity and effect upon their publication on the Seller's Website on 27.12.2023
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