Terms and Conditions

 

 

 

Terms and Conditions

 

  1. Basic information

 

1.1. These Terms and Conditions (T&Cs) apply to contracts established between the seller and the buyer remotely in the online store (e-shop) operated on the website www.lekarenvkocke.sk (the website), as well as online dispensing of medical products or medical devices according to the electronic order form provided on the website (online dispensing).

 

1.2. The seller and operator of the website is the limited liability company EMRAMA s.r.o., with a registered office at Pražská 1456/14, Zvolen 960 01, IČO 46057234, tax ID SK2023208770, registered in the Commercial Register of the District Court Banská Bystrica, section Sro, file no. 19789 / S, acting directors: PharmDr. Mária Kubincová Oslancová, permanent resident of Pražská 1456/14, 960 01 Zvolen and Mr Radoslav Kubinec, permanent resident of Pražská 1456/14, 960 01 Zvolen, tel. no .: 0919 202 767, e-mail: info@lekarenvkocke.sk.

 

Operator of online dispensing:

Name of Public Pharmacy: Lekáreň v KOCKE, Pražská 6, Zvolen

Business Name: EMRAMA s.r.o.

Registered Seat: Pražská 1456/14, 96001 Zvolen

Responsible Pharmacist: PharmDr Mária Kubincová

Type: Limited Liability Company

ID number: 46057234

Permit Number: 5182/2014 / OZ-004

Provider Code: P32330160301

 

The National Centre of Health Information has published a valid ruling to issue a license to provide pharmaceutical services in the public pharmacy of the permit holder on its website, http://www.nczisk.sk.

 

1.3 These T&Cs are an integral part of the contracts established between the seller and the buyer and are valid in their entirety, unless otherwise agreed in writing between the parties involved. In case of discrepancies or differences between the provisions of mutual rights and obligations of the parties contained in these T&Cs and in a separate written contract, the wording of the separate contract is to take precedence over the wording of the T&Cs, applicable solely to the differences identified.

 

1.4. The online dispensing of medicine and medical devices is governed by the Medicines Act, which only permits the sale of authorized medicinal products and veterinary medicines not subject to medical prescription and veterinary prescription, medical devices that meet sale requirements under separate regulations, except implantable medical devices, in vitro diagnostic medical devices, medical devices of the III. class and implantable groups and invasive medical devices intended for long-term use of the IIa. class and IIb. class. Medicine subject to prescription is not available under online dispensing.

 

  1. The Seller

 

2.1. The seller is the company EMRAMA s.r.o., registered office Pražská 1456/14, Zvolen 960 01, IČO 46057234, VAT number SK2023208770, registered in the Commercial Register of the Banská Bystrica District Court, section Sro, file no. 19789/S.

 

2.2 In agreeing to and performing according to this contract, the seller acts within the scope of its business or other entrepreneurial activity.

 

2.3 The Seller holds a license to provide pharmaceutical care in a public pharmacy or a dispensary of medical devices and the entity authorized to provide online dispensing of medicines and medical devices according to the license no.1476/2017. The seller is registered and on the list of entities performing online dispensing of medicines and medical devices, maintained by the State Institute for Drug Control, which can be found HERE.

 

2.4 The name and address of the seller's pharmacy/dispensary is: Lekáreň v KOCKE, Pražská 6 960 01 Zvolen, Slovakia, whereby the seller operates the public pharmacy/dispensary in question on the basis of the authorization to provide medical care in a public pharmacy or dispensary no.:5182/2014/OZ-004; code of medical care provider: P32330160301.

 

2.5. The telephone contact regarding consultations on quality and safety, notifications of adverse drug reactions or accidents, incidents or malfunctions of medical devices subject to online expenditure is +421919 202 767, Monday - Friday between 8:30 and 17:00; for these purposes it is also possible to contact the seller at the e-mail address info@lekarenvkocke.sk. The address of the facility where the buyer can obtain expert advice on treatment with their ordered medicines or medical devices is: Lekáreň v KOCKE, Pražská 6, 960 01 Zvolen. Slovakia.

 

2.6 Contact details for the State Institute for Drug Control are: State Institute for Drug Control, Kvetná 11, 825 08 Bratislava, Slovakia, telephone no.: 02/50701 111, e-mail: sukl@sukl.sk.

 

  1. The Buyer

 

3.1. The Buyer is the natural person or corporate body that establishes an agreement with the seller in the online store (e-shop) on the Seller's website and/or is interested in establishing a contract. While closing and performing the terms of the contract, the buyer may act as a consumer or an entrepreneur.

 

3.2 The buyer is in the position of the consumer if he or she is a natural person who, in accordance with § 52 par. 4 of the Civil Code and § 2 art. a) of the Consumer Protection Act in closing and performing the contract does not act within the scope of his or her business or other business activity, employment or profession. The contract concluded with the buyer - consumer is a consumer contract as defined in § 52 par. 1 of the Civil Code and is subject to the statutory provisions on consumer law.

 

3.3 The buyer is in the position of an entrepreneur if he or she is a natural or legal person who, in concluding and performing the contract, acts within the scope of his or her business or other business activity, employer or profession. To avoid confusion if, when registering on the website, the buyer will be considered an entrepreneur if he or she indicates IČO or VAT ID to the seller during the placement of the order or at any point during the closing or performance of the contract, in the manner defined in these T&Cs. Any contract closed with an entrepreneur buyer is subject to § 261 and following of the Commercial Code, whereby the contractual relationship that arises between the seller and the entrepreneur buyer is considered a business-to-law relationship.

 

  1. Definition of terms

 

4.1. In addition to terms that are separately defined in any part of these T&Cs, the following terms are also used in these T&Cs and must be interpreted as follows:

 

4.1.1. The Civil Code is understood as Law no. 40/1964 of the Civil Code.

4.1.2. The Consumer Protection Law is understood as Law no. 250/2007 of the Consumer Protection Laws and of the amendment of the Slovak Parliament no. 372/1990 Coll. on Offenses.

4.1.3. The Act on Remote Contracts is understood as Law no. 102/2014  on the protection of consumers in the sale of goods or provision of services based on a contract closed remotely  distance or a contract closed off the seller’s premises.

4.1.4. The Medication Act is understood as Law no. 362/2011 on medicines and medicinal devices and on amendments to certain acts.

4.1.5. The ADS Act is understood as Law no. 391/2015 on alternative dispute resolution of consumer disputes.

4.1.6. “Goods” is defined as medicine, a medical device or other ancillary goods.

4.1.7. “Medicine” or “medication” is defined as a medicinal product or a mixture of pharmaceuticals and excipients which are processed into a pharmaceutical form through a technological process and are intended for use to protect against diseases, to diagnose diseases, to treat diseases or to influence physiological functions.

4.1.8. A “medical device” or “medicinal device” is defined as a tool, apparatus, device, computer program, material or other product used alone or in combination, intended by the manufacturer for human use for diagnostic, preventive, monitoring or treatment purposes, to alleviate a disease or to compensate for injury, disability; for the examination, replacement or alteration of the anatomical part of the body or the physiological process, for the control of conception, the principal effect of which in the human body or on the surface of the human body can not be obtained through pharmacological means, immunological means or metabolic function; a medical device accessory specifically designed by the manufacturer for use with the medical device is also considered to be a medical device.

4.1.9. “Supplementary goods”  or “ancillary goods”  are defined as other goods offered by the seller and published on the website, which are not medicinal products or a medical devices, in particular baby food, food for specific nutritional purposes, cosmetics, toys, baby shoes, etc.

4.1.10. The “price” is defined as the purchase price for the goods that the Buyer is obliged to pay to the Seller in accordance with Article 6. The displayed price for electrical equipment also includes the recycling fee, which is stated separately in the Buyer's tax document (invoice).

 

4.2 Unless the wording of these T&Cs indicates otherwise, the words used in the singular shall have the same meaning in the plural and vice versa, and the words used in the masculine gender have the same meaning in the female gender and the netural gender.

 

4.3 Unless the text indicates otherwise, references to provisions, articles, or paragraphs are to be understood as references to provisions, articles, or paragraphs of these T&Cs.

 

4.4 The titles of articles or the designation of any parts of the T&Cs do not affect the interpretation of further text of the T&Cs.

 

4.5 The definitions and interpretative rules given in this article of the T&Cs apply to the contractual relationship between the seller and the buyer, unless otherwise agreed in writing between the parties.

 

  1. Ordering and the Closing of the Contract

 

5.1 The Seller publishes information on the Website regarding the goods on offer, including the assortment of medicines and medical devices, their price and costs related to the online sale and dispensing of the goods; the publication of this information on the website cannot be considered a proposal to close a contract from the Seller’s side. The data provided by the Seller on the website is merely informational and becomes binding only if the Seller explicitly confirms the Buyer's order.

 

5.2 If the Buyer is interested in purchasing the goods offered on the Seller’s website, the Buyer selects the desired item from the goods menu by clicking on the item in question, entering the desired quantity in the "quantity" section and clicking the “add to cart” button. The Buyer is free to continue to browse the goods on offer and to select other goods offered by the Seller on the website in the same manner. Upon completion of the selection of the desired items, if the Buyer wishes to proceed to a binding order of selected goods, the Buyer then clicks on the button in the top right corner of the website labeled "SHOPPING CART". At this stage, the Buyer is free to remove and add goods, change the quantity and enter a discount code in order to get a discount on the specific purchase of the goods from the Seller. The Buyer will also be informed of the total price for the goods ordered. If the Buyer has completed the selection of goods items, he or she will then click on the "Fill in Shipping Details" button and will be redirected to the "SHIPPING AND PAYMENT, ADDRESS INFORMATION" section where the Buyer will continue to fill in the order by selecting the desired shipping method and inputting the delivery address. After duly completing all required data, the buyer clicks on the "Summary" button, which summarizes the order information, individual items ordered, quantity, shipping method, payment, billing address, and price including the total price for the whole order. In this section marked as “ORDER SUMMARY”, the buyer also clicks the button “I have read and understood the terms and conditions”, confirming the wording of these T&C and the will to be bound by them. The Buyer's order is sent to the Seller at the moment of clicking on the "Binding Order with Obligation to Pay" button, the performance of which is considered a binding proposal of the Buyer to conclude the contract.

 

5.3 The Seller shall send information on receipt of the Order to the e-mail address specified by the Buyer, whereupon the Seller shall check the availability of individual items in the order as well as the Seller's ability to deliver the goods properly and on time to the Buyer according to the order; based on the verification in question, the seller either confirms the order (Order Confirmation) or informs the buyer that the goods cannot be delivered. At the moment of confirmation of the order by the Seller, the contract is closed between the Seller and the Buyer. If necessary, any further information regarding the order will be sent to the e-mail address provided.

 

5.4 The Seller is bound by the offer of the goods as listed, including the price, for the entire period of their publication on the website, unless information about the unavailability of any item is provided for individual items. However, the closing of the contract, and thus the creation of specific rights and obligations of the contracted parties in relation to the relevant goods, occurs only at the moment of confirmation of the order by the seller.

 

  1. Price of Goods

 

6.1. All prices of the goods listed on the Website are final, include VAT, as well as the cost of packaging the goods. The seller is a payer of VAT.

 

6.2 The price does not include the cost of delivery of the goods and the payment of the price. These costs, which are invoiced by the Seller to the Buyer in addition to the price of the goods, are always stated under "ORDER SUMMARY” on the website, and therefore the Buyer is made aware of these costs before placing the order.

 

6.3 All stock discounts published on the website are valid until the stock of the relevant items runs out, unless otherwise specified. The Buyer is entitled to participate in the seller's loyalty program and get a discount when purchasing the goods, in the manner and under the conditions stated herein.

 

6.4 Any special discount on the price not shown on the website or resulting from the Seller's loyalty program may only be granted by prior written agreement of the Seller and the Buyer.

6.5 WARNING - prices in the physical pharmacy Lekáreň v KOCKE may differ from the prices listed on the website (!); the prices stated on the website apply only to contracts closed according to these T&Cs through the online shop (e-shop) which the Seller operates on the website.

 

6.6 The prices of diapers, sanitary towels, compression aids, bandages, gauze, pads may be quoted per single item, not per package. Diapers, sanitary towels, compression aids, bandages, and gauze can also be purchased individually, not only as part of a package.

 

 

  1. Terms of payment

 

7.1. Upon the closing of the contract, the Buyer is obligated to pay the purchase price of the goods. The Buyer is made aware of the total price when filling out the order, before it is sent to the Seller. The Buyer is informed by the Seller that the obligation to pay for the goods is part of placing the order.

 

7.2 The Buyer shall pay the price for the goods in the manner indicated by the Buyer in his or her order, namely:

7.2.1. payment by cash on delivery - the Buyer is obliged to pay for the ordered goods, i.e. the price is payable upon receipt of the goods from the carrier (courier company, Geis Parcel SK sro or the Slovak Post). In the case of Geis courier delivery, the price on delivery can also be paid by credit or debit card. The Slovak Post does not provide the possibility of card payment upon receipt of the order. This service costs EUR 0.99;

7.2.2. payment in cash or by credit card in the pharmacy - the buyer is able to choose the option only in the case of in-person collection of the goods according to par. 8.3.2. of these T&Cs, in which case the price is payable upon receipt of the goods;

 7.2.3. online card payment - the buyer is obligated to pay the price for the goods, i.e. the price is payable immediately after placing the order, when the buyer will be redirected to the portal of the relevant bank. This is a fast and secure payment for goods by credit card (credit or debit) over the internet via the Tatrabanka payment gateway. VISA, VISA Electron, MasterCard, Maestro and Diners Club International cards are accepted. After clicking on the "Binding Order with Obligation to Pay" button, the Buyer will be redirected to the Tatrabanka website where he or she will enter the payment card data in a secure environment;

7.2.4. payment by bank transfer – when this method of payment is selected, the Buyer will receive an e-mail with transfer details. The payment is due within two (2) calendar days from the date of contract. Payment is made by transferring to the Seller's bank account: IBAN: SK3811000000002944037993, BIC: TATRSKBX. When paying, it is necessary to include the variable symbol = order number, which is important for assigning the payment to the order. The goods are dispatched only after the payment has been credited to the Seller's bank account.

 

7.3. Along with the price of the goods, the Buyer also pays for the costs associated with the delivery of the goods, which are listed in appendix 1 at the bottom of these T&Cs.

7.4 The Seller shall send the invoice or other tax document to the Buyer electronically to the e-mail address specified in the Buyer's order and at the same time enclose the original invoice with the shipment of the goods.

 

7.5 The Buyer and the Seller have agreed that the contract is closed with a termination clause, stating that if the Buyer fails to pay the Seller the agreed price in accordance with these T&Cs even within an additional period of seven (7) calendar days from the due date, the contract is canceled.

 

  1. Delivery terms

 

8.1. The Seller shall deliver the goods, unless otherwise stated on the website, within thirty (30) days from the date of closing of the contract. (Standard delivery time is 1-2 business days) In case of longer delivery the customer is always informed.

 

8.2 The Buyer is entitled, in the event of failure to deliver the goods by the Seller in accordance with paragraph 8.1 of these T&Cs or within an additional reasonable period of time provided to the Seller by the Buyer, to withdraw from the contract, in which case the Seller is obliged to return the already paid cost to the Buyer within fourteen (14) calendar days of delivery of the Buyer's withdrawal from the contract to the Seller in the manner used to make the payment, or in another appropriate form, such as a bank transfer. If the Seller is unable to deliver the goods to the Buyer within the time agreed in the Purchase Agreement or specified by these Terms and Conditions due to the unavailability of the goods, or offer the agreed purchase price, the Seller is obliged to offer an order cancellation. If the Buyer has already paid the purchase price in full or partially, the Seller shall return the paid price or part thereof within fourteen (14) days from the date of delivery of the e-mail with contract withdrawal to the buyer's designated account, unless the parties agree otherwise. In the event that the Buyer does not accept any substitute offered by the Seller or withdraw from the Purchase Agreement within thirty (30) calendar days of the Seller's notice of inability to deliver the goods, the contract shall be canceled in its entirety. Th Seller is obligated to return any partial or full payment within fourteen (14) days from the date of cancellation of the contract.

 

8.3. When placing an order, the Buyer shall choose the method of delivery of the goods, either:

       8.3.1. by sending the Goods,

       or

       8.3.2 by in-person collection of the goods in the physical of the Seller at: Lekáreň v KOCKE, Pražská 1456/14 960 01 Zvolen, Slovakia in which case the Seller shall fulfill the obligation to deliver the goods by enabling the Buyer to receive the goods in the given location.

 

8.4. Goods shall be deemed to have been received by the Buyer when all items ordered have been collected, or if a / goods ordered by the Buyer in a single order are delivered separately, upon receipt of the last item in the order, b / goods delivered in multiple parts or components, upon receipt of the last component, c / delivery is attempted repeatedly for a limited period of time, upon receipt of the first item delivered.

 

8.5. Each order containing medicines or medical devices is assigned a unique shipment identification through a unique shipment number, allowing you to track the chronological progress of the order from the moment the order is received to its final processing. A shipment containing medicines or medical devices also includes a delivery note containing the particulars of the medicinal product contained in the shipment, indicating the name of the medicinal product, the pharmaceutical form, the quantity of the medicinal product per dose, the pack size of the medicinal product, the number of packages of the medicinal product, the batch of the medicinal product; and / or the medical device contained in the shipment, stating the name of the medical device, the size of the medical device package, the number of medical device packages, the unit price of the medical device and the total price of the shipment.

 

8.6. The Seller delivers medicines or medical devices only to the Buyer at delivery addresses in the Slovak Republic. The Seller shall be entitled to deliver the human drug containing the drug precursor in the Internet sale only in the number of packages as necessary for one treatment cycle.

 

8.7 Dispatches of goods that are in stock, cash on delivery or for personal collection are usually made within forty-eight (48) hours of receipt of the order; dispensing of the basic range of medicines, medical devices and dietetic food is usually done within twenty-four (24) hours; individually manufactured medical devices are normally dispatched within seven (7) working days, and individually made orthopedic-prosthetic devices within ninety (90) days. Goods ordered on Saturdays, Sundays or public holidays are usually shipped on the next business day. If the goods are not in stock, the order is usually made on the day of delivery of the goods by the contractor. Orders are shipped in the order they arrive. The Seller shall exercise maximum care to ensure that the goods are delivered as quickly as possible.

 

8.8 The risk of damage to the goods, as well as the ownership of the goods, shall pass to the Buyer upon receipt of the goods by the Buyer.

 

8.9 The quantity of gifts per order is multiplied by the number of items, not by the number of products (i.e., when purchasing multiple items of one type of goods in one order, the buyer receives only one gift). If the buyer is entitled to a gift, the buyer selects the gift as he or she wishes by going to the "SHOPPING CART" section, where he or she clicks on the desired gift. There is no legal claim to the gift.

 

  1. The Rights and Obligations of the Seller and the Buyer

 

9.1. The Seller is obliged to:

        9.1.1. deliver the goods to the Buyer in the agreed quantity, quality and time limit and to pack or equip the goods for transportation in the manner necessary for its preservation and protection,

        9.1.2. ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,

        9.1.3. to provide the Buyer with confirmation of the conclusion of the purchase contract on a durable medium, for example by e-mail, immediately after the conclusion of the purchase contract, but at the latest together with the delivery of the goods,

        9.1.4 together with the Goods, provide the buyer with all documents necessary for takeover of ownership and use of the goods in written or electronic form, as well as provide all other documents prescribed by the valid legal regulations of the Slovak Republic (instructions in Slovak language, warranty letter, delivery note, tax document),

        9.1.5. not to dispense the medicinal product after its expiry date or if the expiry date expires during administration at the intended dose,

        9.1.6. after order by the State Institute for Drug Control to suspend the dispensing of a medicinal product or medical device without delay, withdraw the medicinal product or medical device from the market, or suspend its use in service,

        9.1.7. fulfill other obligations under the contract and these T&Cs.

 

9.2 The Seller has the right:

        9.2.1. to due and timely payment of the price from the Buyer for the delivered goods,

        9.2.2. to withdraw from the contract or order if the fulfillment becomes objectively impossible (e.g. the goods cease to be manufactured) and at the same time the Buyer does not agree on another fulfillment. If the Buyer pays the ordered goods in advance and withdraws from the contract, the Seller shall return the full price to the Buyer within five (5) business days of receipt of the withdrawal (withdrawal may be delivered by telephone, email or in writing),

        9.2.3. to other rights under the contract and these T&Cs.

 

9.3. The Buyer is obliged to:

         9.3.1. collect the ordered and delivered Goods, unless exercising the right of withdrawal at the place specified in the order, or at the place indicated by him or her when changing the delivery address by agreement with the carrier,

         9.3.2. pay the agreed price to the Seller within the agreed period, this including the cost of delivery of the goods,

         9.3.3. state the correct and complete address to which the ordered goods are to be delivered,

         9.3.4. fulfill other obligations under the contract and these T&Cs.

 

9.4. The Buyer has the right:

         9.4.1. to a delivery of the goods in the  quantity, quality, time and place agreed by the parties,

         9.4.2. other rights under the contract and these T&Cs.

 

  1. Complaints Procedure for Consumer Contracts

 

10.1 The Complaints Procedure provided for in this article of these T&Cs shall apply to the contractual relationship between the Seller and the Buyer in the position of a consumer resulting from the Consumer Contract in accordance with  paragraph 3.2 of these T&Cs.

 

10.2 The Seller is responsible for defects that:

          10.2.1. are present when liability for damages passes to the Buyer, i.e. when collection the goods, and defects that

          10.2.2. occur after the collection of the goods within the warranty period (Warranty), with the exception of perishable goods, which are not covered by the warranty.

 

10.3. Defects on Receipt of Goods. The Seller is liable for defects that the goods have at the time of passing of liability from the Seller to the Buyer, i.e. at the time of its collection by the Buyer.

 

10.4 Warranty. The warranty period for the goods is twenty-four (24) months, which starts on receipt of the goods by the Buyer. The warranty period for used goods is twelve (12) months. If a period of use is marked on the goods being sold, its packaging or its instructions, the warranty period shall not expire before the expiry of this period. A warranty certificate can be issued at the request of the buyer.

 

10.5 The Seller is not liable for defects of the goods according to par. 2.10 of these T&Cs in the following cases:

          10.5.1. if the Buyer has not exercised his / her right regarding liability for the defect of the goods by the end of the warranty period of the goods,

          10.5.2. these are defects of the goods of which the Buyer was aware at the time of the closing of the contract or, having regard to the circumstances in which the contract was concluded, had to be informed about, unless the defects relate to the characteristics of the goods which the goods were supposed to have under the contract,

          10.5.3. if the defect of the goods is mechanical damage to the goods caused by the Buyer,

          10.5.4. if the defect of the goods was caused by the use of the goods in conditions that do not correspond to the natural environment of the goods due to their intensity, humidity, chemical and mechanical environment,

          10.5.5. if the defect of the goods was caused by improper handling, servicing or neglect of the goods,

          10.5.6. if the defect of the goods was caused by damage to the goods due to excessive loading or use contrary to the conditions stated in the documentation or general principles of normal use of the goods,

          10.5.7. if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events, in particular by damage with water, fire, static or atmospheric electricity or other acts of force majeure,

          10.5.8. if the defect of the goods was caused by damage to the goods by accidental deterioration,

          10.5.9. if the defect of the goods was caused by an intervention with the goods by an unauthorized person,

          10.5.10. with the goods used, the Seller shall not be liable for defects caused by their use or wear,

           10.5.11. for goods sold at a lower price, the Seller is not responsible for the defect which caused the price to lower.

 

10.6. Rights arising from liability for defects of the goods that existed at the date of receipt of the goods by the Buyer shall be brought to the attention of the Seller by the Buyer. The Buyer is entitled to inspect the goods as soon as possible after receiving liability for damage to the goods. Upon receipt of the goods, the Buyer is obliged to check the condition of the goods (the number of packages, the integrity of the packaging, damage to the box or the shipment itself) according to the enclosed delivery note and at the same time. The Buyer is not obligated to accept an incomplete or damaged shipment, which must be immediately reported to the Seller. If the acceptance of the shipment is confirmed by the Buyer's signature in the carrier's documents without any notice of incompleteness or damage to the shipment, later claims of this kind will be accepted only if the Buyer proves that the goods already had the claimed defects at the time of receipt by the Buyer.

 

10.7. The rights arising from liability for defects in the goods for which the warranty period is valid shall lapse if they have not been exercised within the warranty period. Rights of liability for defects in cases of perishable goods must be exercised no later than the day following the purchase; otherwise the rights will expire. The period from the exercise of the right from liability for defects until the time when the Buyer was obliged to collect the goods after the repair has been completed is not counted into the warranty period. The seller is obliged to give the buyer a confirmation of when the right was exercised, as well as information about the repair and its duration. In the event of a replacement, the warranty period shall commence again upon receipt of the new goods. The same is true if the part for which the warranty is provided is replaced.

 

10.8. Rights of liability for defects and complaints should be addressed to the Seller at the address EMRAMA s.r.o., registered office at Pražská 1456/14, Zvolen 960 01, or tel. no.: 0919 202 767, or e-mail: info@lekarenvkocke.sk, directed to any employee of the Seller. Information on the service points for the warranty and post-warranty service for electronic equipment can be found in the warranty card or document. If necessary, the Seller can provide this by phone or e-mail upon request.

 

10.9 The complaint procedure for the goods begins on the day when all of the following conditions are cumulatively met:

            10.9.1. delivery of a complaint notice to the Seller, in which the Seller truthfully provides information on defects of the goods, in particular precisely indicating the type and extent of the defect of the goods, as well as which of the rights resulting from the Seller's liability for defects of the goods under paragraph 10.13. of these T&Cs are applied;

            10.9.2. delivery of the claimed goods from the Buyer to the Seller, unless it is a goods that by its nature cannot be delivered by post or in person.

 

10.10. The Buyer may deliver the goods to the Seller due to a claim as follows:

             10.10.1. handing over the goods in the physical pharmacy - Lekáreň v KOCKE, Pražská 1456/14 960 01 Zvolen,

             10.10.2. by sending a parcel containing the damaged goods to the Seller's registered office; the Seller recommends to insure the goods when it is sent for the complaint, while the Seller does not accept delivery items which need to be paid for with cash on receipt.

 

10.11. If the defect of the goods can be remedied, the Buyer has the right to:

            10.11.1. the amendment or removal of the defect free of charge, in a timely and orderly manner, and the Seller is obliged to remove the defect without undue delay,

            10.11.2. the replacement of defective goods by an intact item, or if the defect concerns only a part of the goods, the Buyer has the right to replace the part, unless the Seller incurs excessive costs due to the price of the goods or the severity of the defect,

             10.11.3. withdraw from the contract if the Buyer cannot properly use the goods due to the repeated occurrence of the defect after the repair or for a larger number of defects,

             10.11.4. request a reasonable discount from the price if the goods are sold at a lower price or are used goods.

 

10.12 In the case of a defect in the goods that cannot be removed and which prevents the goods from being used properly as a defect-free item, the Buyer has the right to:

             10.12.1. have the Goods exchanged,

             10.12.2. withdraw from the contract,

             10.12.3. a reasonable discount from the price of the goods.

 

10.13. In the case of a medicinal product, the Buyer shall be entitled to withdraw from the contract and return the medicinal product within seven (7) days from the date of its receipt if he or she receives:

              10.13.1. the medicine in a different dosage form, in a different amount of the drug in one dose of the drug or in a different pack size than ordered,

              10.13.2. different number of medicine packs than ordered,

              10.13.3. a product with an expiry date shorter than the time of treatment by the medicine, while adhering to the dose, in accordance with the package leaflet,

              10.13.4. damaged inner packaging of the medicine,

              10.13.5. a medicinal product without written information for the user of the medicinal product, which is not in the state language or in a language other than the state language; § 22 par. 6 a) of the Act on Medicine,

              10.13.6. medicinal product with a different batch than the one on the delivery note.

 

10.14. In the case of a medical device, the Buyer is entitled to withdraw from the contract and return the medical device within seven (7) days from the date of receipt of the medical device if he or she receives:

              10.14.1. a damaged medical device,

              10.14.2. a different number of medical device packages than ordered,

              10.14.3. a medical device after the expiry date,

              10.14.4. a medical device that does not meet the technical requirements specified,

              10.14.5. a medical device without instructions for use or if instructions for use are not in the Slovak language.

 

10.15. Upon return of the medicinal product or medical device referred to in par. 10.12 and 10.13. of these T&Cs, the Buyer shall be refunded the price paid by the Buyer for the medicinal product concerned, including the costs of delivery.

 

10.16. On the basis of the Buyer's decision to exercise the rights under this article of the T&Cs, the Seller shall determine the method of handling the claim immediately or in complicated cases no later than three (3) business days from the date of the claim, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than thirty (30) days from the date of claim. Settlement of the complaint means termination of the complaint procedure by handing over the repaired goods, replacing the goods, withdrawing from the contract and returning the price of the goods, offering a reasonable discount from the price of the goods, a written request for acceptance or justified rejection.

 

10.17. Once the method of handling the complaint has been determined, the complaint shall be settled immediately; in justified cases, the complaint may be settled later; however, the claim may not be processed for longer than thirty (30) days from the date of the claim. After the expiry of the time limit for settling the claim, the Buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The Seller is obliged to issue a written document on the complaint handling within thirty (30) days from the date of the claim at the latest.

 

10.18. If the buyer has made a claim for the product within the first twelve (12) months of purchase, the Seller may settle the claim on the basis of expert judgment only; irrespective of the outcome of the expert assessment, the Seller will not require the Buyer to pay the expert assessment costs or other expert assessment costs. The Seller is obliged to provide the Buyer with a copy of the expert opinion justifying the rejection of the claim no later than fourteen (14) days from the date of handling the claim.

 

10.19. If the Buyer lodged a product claim after twelve (12) months from the purchase and the Seller has rejected it, the Seller will indicate in the proof of the claim to whom the Buyer can send the product for a professional evaluation. If the product is sent for expert assessment to the designated person, the expert assessment costs, as well as all other related costs, shall be borne by the Seller, regardless of the outcome of the expert assessment. If the Buyer proves the Seller's responsibility for the defect by expert judgment, he or she can lodge the complaint again; the warranty period does not expire during the expert assessment. The Seller is obliged to reimburse the Buyer within fourteen (14) days from the date of filing the complaint for all costs incurred for expert assessment, as well as all related costs reasonably incurred. A reclaimed claim cannot be rejected.

 

10.20. The Seller is obliged to issue a confirmation to the Buyer when making a claim. If the complaint is submitted by e-mail, the Seller is obliged to deliver the confirmation of the claim immediately to the Buyer, if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but together with the proof of complaint handling; confirmation of the claim need not be delivered if the Buyer has the opportunity to prove the claim otherwise. The Seller will inform the Buyer about the result of the complaint handling immediately after the complaint procedure by telephone or e-mail.

 

  1. The Consumer's Right to Withdrawal

 

11.1 The Buyer is entitled to withdraw from the contract without giving a reason within fourteen (14) days from the date of receipt of the goods. Only the Buyer - consumer can exercise this right.

 

11.2. The Buyer may withdraw from the contract, the subject of which is the delivery of the goods, even before the start of the withdrawal period begins.

 

11.3. The Buyer may not withdraw from the contract in the cases referred to in § 7 par. 6 of the Act on Remote Contracts, in particular from a contract which covers:

            11.3.1. the sale of the goods or the provision of a service the price of which depends on the movement of prices on the financial market which the Seller cannot control and which may occur during the withdrawal period,

            11.3.2. the sale of goods made to the specific requirements of the consumer, custom made goods or goods designed specifically for one consumer,

            11.3.3. the sale of goods which are subject to rapid deterioration or perishability,

            11.3.4. the sale of goods encased in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been damaged after delivery,

            11.3.5. the sale of goods which, by their nature, may be inseparably mixed with other goods upon delivery.

 

11.4. The Buyer may exercise the right to withdraw from the contract in writing to the address of the seller or delivering his or her withdrawal through another durable medium (e.g. by e-mail), or by sending a completed form available HERE. The withdrawal period is maintained if the buyer sends a notice of withdrawal before the withdrawal period expires.

 

11.5. The withdrawal shall contain the information required in the withdrawal form, in particular the buyer identification, the number and date of the order, and the exact specification of the goods.

 

11.6. If the Buyer withdraws from the contract, any additional contract related to the contract that the Buyer has withdrawn from is also canceled

11.7. The Buyer shall return the goods complete, undamaged, clean, with complete documentation, in the condition and value in which the goods were received and, if possible, the goods should be packed in the original packaging.

 

11.8 Upon receipt of the notice of withdrawal, the Seller shall refund to the Buyer, no later than fourteen (14) days, all payments received by the Seller under or in connection to the contract, including shipping, delivery and shipping and other costs and charges. The Seller will refund the payment in the same method used by the Buyer to pay for the goods, or by another appropriate method (e.g. bank transfer). The Seller is not obliged to pay the Buyer additional costs if the Buyer has chosen a method of delivery other than the cheapest standard delivery method offered by the Seller. The additional cost is the difference between the delivery cost chosen by the Buyer and the cost of the cheapest normal delivery method offered by the Seller.

 

11.9 Upon withdrawal from the contract, the Seller is not obliged to refund the Buyer before the goods are delivered to the Seller or until the Buyer proves the return of the goods to the Seller, unless the Seller suggests collecting the goods in person or through a person authorized by the Seller. The Buyer is obliged to send the goods back or arrange a handover to the Seller or the person authorized by the Seller to take over the goods within fourteen (14) days from the date of withdrawal at the latest. This period shall be deemed to be maintained if the Goods were handed over for carriage no later than the last day of the period. It is recommended to insure the goods. The Seller does not accept goods which require cash on delivery. The Buyer is required to handle and inspect the goods with due care during the withdrawal period. In the event that the Buyer withdraws from the contract and delivers to the Seller goods that are used, damaged or incomplete, the Buyer undertakes to reimburse the Seller the paid amount minus the amount by which the value of the goods has decreased. This does not affect the Seller's claim for damages.

 

11.10 The Buyer shall bear the costs of returning the goods upon withdrawal from the contract in accordance with these T&Cs.

 

  1. Alternative Resolution of Disputes

 

12.1 The Buyer - consumer has the right to contact the Seller for redress (by e-mail to info@lekarenvkocke.sk) if he or she is not satisfied with the way the Seller settled his or her claim or if the Buyer believes that the Seller has violated his or her Consumer Rights. If the Seller responds to this request in a negative manner or fails to respond within thirty (30) days of its dispatch, the Buyer shall have the right to file an alternative dispute resolution.

 

12.2 The competent body for alternative dispute resolution with the seller is the Slovak Trade Inspection or another competent legal entity registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic, the wording of which is HERE.

12.3. The Buyer may submit a petition in the manner specified in Section 12 of the ADR Act. The Buyer may also file a complaint through the Alternative Dispute Resolution Platform, which is available online HERE.

 

12.4. Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and performing a consumer contract, does not act within the scope of his or her business, employer or profession. Alternative dispute resolution concerns only the dispute between the consumer and the Seller resulting from or related to the consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20.00.

 

12.5. The ADR entity may require the consumer to pay a fee for the initiation of an ADR up to a maximum of EUR 5, including VAT.

 

12.6. In addition to alternative dispute resolution, the customer has the right to apply to the substantive and locally competent general court.

 

  1. Complaints Procedure for Commercial Relations

 

13.1. The Complaints Procedure provided for in this Article of these T&Cs shall apply to the contractual relationship between the Seller and the Buyer, which is not in the position of the consumer, arising from the contract as defined in paragraph 3.3 of these T&Cs.

 

13.2. The Seller is liable for defects of the goods delivered that existed at the time of its receipt by the Buyer. The Seller shall not be liable for any defects of which the Buyer was aware or could have known about at the time of the receipt of the Goods.

 

13.3 The Buyer is obliged to properly inspect the goods upon receipt of the goods and complain in writing of  any detected defects of the delivered goods no later than two (2) working days from the date when the Buyer should have discovered the defect, or in the case of taking professional care during the inspection or when the defect could be detected later in the application of professional care, but no later than one (1) month from the moment of receipt of the goods. The obligation under the previous sentence applies both to obvious defects and to hidden defects. If the Buyer fails to fulfill this obligation properly and in a timely manner, the delivery of the goods by the Seller shall be deemed to be properly executed in a timely manner and any claims of the Buyer shall be void.

 

13.4. Rights arising from liability for defects and hence complaints shall be addressed to the seller at the address EMRAMA sro, registered office at Pražská 1456/14, Zvolen 960 01, Slovakia, or tel.no .: 0919 202 767, or e-mail: info@lekarenvkocke.sk, directed to any employee of the Seller.

 

13.5. The complaint procedure for the Goods begins on the day when all of the following conditions are cumulatively met:

           13.5.1. delivery of a notice of claim to the Seller, in which the Buyer truthfully provides information on defects of the goods, in particular precisely identifies the type and extent of the defect of the goods, and

           13.5.2. delivery of the claimed goods from the Buyer to the Seller or the designated person, unless it is a goods that by its nature cannot be delivered by post or in person.

 

13.6. The Buyer may deliver the goods to the Seller due to a claim as follows:

            13.6.1. handing over the goods in the physical pharmacy – Lekáreň v KOCKE, Pražská 6 960 01 Zvolen, Slovakia,

            13.6.2. by sending a postal parcel containing the returned goods to the Seller's registered office; the Seller recommends to insure the goods when it is sent for the complaint. The Seller does not accept items which require cash on delivery.

 

13.7. In the event that the goods are defective, the Seller is obliged to remedy the defect in a manner at the Seller’s discretion, in particular, but not limited to, repairing, replacing or delivering a replacement item or delivering missing goods or providing a discount or withdrawing from the contract. The Seller is obliged to remove the defect in any of the ways within a reasonable period, which the Seller shall determine and notify to the Buyer for this purpose. If the Seller fails to remove the defect duly and on time and the contract is materially breached, the Buyer shall be entitled to withdraw from the contract or claim a discount, and the Buyer shall notify the Seller within three (3) working days, otherwise this right ceases to exist. If the defect is not properly and timely remedied and the contract is breached in a minor manner, the Buyer is entitled to request only a discount from the price, and the Buyer is obliged to notify the Seller within three (3) working days of its occurrence.

 

13.8. In the case of a medicinal product, the Buyer shall be entitled to withdraw from the contract and return the medicinal product within seven (7) days from the date of its receipt if he or she received:

            13.8.1. medicine in a different dosage form, in a different amount of the drug in one dose of the drug or in a different pack size than ordered,

            13.8.2. a different number of medicine packs than ordered,

            13.8.3. a product with an expiry date shorter than the time of treatment with the medicine, while adhering to the dose, in accordance with the package leaflet,

            13.8.4. damaged inner packaging of the medicine,

            13.8.5. a medicinal product without written information for the user of the medicinal product or written information for the user of the medicinal product, which is not in the state language or in a language other than the state language; § 22 par. 6 a) of the Act on Medicines,

            13.8.6. medicine with another lot as indicated on the delivery note.

 

13.9 In the case of a medical device, the Buyer is entitled to withdraw from the contract and return the medical device within seven (7) days from the date of receipt of the medical device if he or she received:

          13.9.1. a damaged medical device

          13.9.2. a different number of medical device packages than ordered,

          13.9.3. a medical device after the expiry date,

          13.9.4. a medical device that does not meet the technical requirements specified in the declaration of conformity,

          13.9.5. a medical device without instructions for use or if instructions for use are not in Slovak.

 

13.10. After the return of the medicinal product or medical device according to paragraphs 9.13 and 13.10. of these T&Cs, the Buyer shall be refunded the price paid by the Buyer for the medicinal product concerned, including the costs of delivery of the shipment.

 

13.11. If the Buyer informs the Seller of a defect for which the Buyser is responsible and does not detect the defect, the Buyer is obliged to reimburse the Seller for all work performed, as well as all expenses and costs related thereto.

 

13.12 If the Buyer asserts his claims from the defects of the goods but does not allow the Seller to inspect the claimed defect without undue delay and / or dispose of the claimed goods in order to identify and verify the claimed defects, the Buyer's claims for liability for defects are null.

 

  1. Final Statement

 

14.1 In case of need for any further information or suggestions, complaints or other submissions, the Buyer may contact the Seller via the following contact details:

          by post: EMRAMA s.r.o., registered office at Pražská 1456/14, Zvolen 960 01,

          tel.no.: 0919 202 767,

          E-mail: info@lekarenvkocke.sk.

 

14.2. The supervisory authority to which the seller is subject is:

            14.2.1. SOI Inspectorate for Banská Bystrica Region, Dolná 46, 974 00 Banská Bystrica 1, Slovakia

            14.2.2 Regional Veterinary and Food Administration Banská Bystrica, D. Skuteckého 130/19, 974 01 Banská Bystrica, Slovakia

            14.2.3. Regional Public Health Authority Banská Bystrica, Cesta k nemocnici, 974 01 Banská Bystrica, Slovakia

            14.2.4. State Institute for Drug Control, Kvetná 1024/11, 821 08 Bratislava, Slovakia

 

14.3. These T&Cs are binding from the date of their publication on the Seller's website. The T&Cs are valid to the extent and wording in which they appear on the Seller's website on the day the order is sent to the Buyer.

 

14.4. The Seller reserves the right to change the wording of the T&Cs.

 

 

Appendix 1

 

 Download Terms and Condidtions

Download Contract Withdrawal

 

Delivery method and payment terms

The prices below apply to shipments delivered to SLOVAKIA. Normally, no higher shipping charges apply.

 

Payment type:

Cash on delivery (Courier, Slovak Post, cash payment) € 0.99

Online payment by credit card - CardPay

Bank transfer

 

Payment on delivery

The goods must be paid for in cash upon receipt from the courier company GEIS or the Slovak Post. In the case of GEIS courier, cash on delivery can also be paid by credit or debit card. Slovak Post does not provide the possibility of card payment upon receipt of the order. This service costs € 0.99.

 

CardPay - online payment by credit card

Fast and secure payment for goods by credit card (credit or debit) over the Internet via Tatrabanka payment gate. VISA, VISA Electron, MasterCard, Maestro and Diners Club International cards are accepted. After clicking on "Binding Order with Payment Obligations" you will be redirected to the Tatrabanka website where you will enter your credit card details in a secure environment.

 

VUB ePayments - online payment by VUB

Payment via Internetbanking for VUB Bank clients. After clicking on "Binding Order with Payment Obligations" you will be automatically redirected to the payment gateway of VUB Bank, where after logging in you will check the pre-filled details of the payment order and authorize the payment. As soon as the payment is sent, the money is credited to our account.

 

Bank transfer

Payment by bank transfer to IBAN: SK3811000000002944037993, BIC: TATRSKBX. When paying, it is necessary to include the variable symbol = order number, which is important for assigning the payment to the order. Goods are dispatched only after payment has been credited to our bank account. If we do not record your payment in our bank account within 2 days of receiving your order, your order will be canceled.

 

Delivery

Slovak Post – post office storage, delivery within 3 working days

GEIS delivery service - courier, delivery within 2 working days

 

Shipping And Payment

  1. In-person collection – Lekáreň v KOCKE, Zvolen - Cash or credit card in pharmacy
  •      In-person collection fee is not charged for orders over EUR 29.99
  •     The in-person collection fee is 2,00 EUR
  1. In-person collection - Lekáreň v KOCKE, Zvolen – Payment in advance via bank transfer
  •     In-person collection fee is not charged for orders over EUR 29.99
  •     The in-person collection fee is 2,00 EUR
  1. Electronically by email – Payment in advance via bank transfer
  •     The price for preparing the goods for collection is 0,00 EUR
  •     The goods can be collected FREE in person at:
  •     Lekáreň v KOCKE, Pražská 1388/6, Zvolen, 96001, Slovakia
  •     IMPORTANT: When picking up in person, always wait for a confirmation e-mail confirming that your goods are ready for pick-up, otherwise the goods may not be ready for collection !!!
  1. ln-person collection – Lekáreň v KOCKE, Zvolen - Card payment online
  •     In-person collection fee is not charged for orders over EUR 29.99
  •     The in-person collection fee is 2,00 EUR
  1. Electronically by email – Card payment online
  •     The price for preparing the goods for collection is 0,00 EUR
  •     The goods can be collected FREE in person at:
  •      Lekáreň v KOCKE, Pražská 1388/6, Zvolen, 96001, Slovakia
  •     IMPORTANT: When picking up in person, always wait for a confirmation e-mail confirming that your goods are ready for pick-up, otherwise the goods may not be ready for collection !!!
  1. In-person collection – Lekáreň v KOCKE, Zvolen - TatraPay - online payment
  •      In-person collection fee is not charged for orders over EUR 29.99
  •      The in-person collection fee is 2,00 EUR
  1. By e-mail - TatraPay - online payment
  •      The price for preparing the goods for collection is 0,00 EUR
  •      The goods can be collected FREE in person at:
  •      Lekáreň v KOCKE, Pražská 1388/6, Zvolen, 96001, Slovakia
  •      IMPORTANT: When picking up in person, always wait for a confirmation e-mail confirming that your goods are ready for pick-up, otherwise the goods may not be ready for collection !!!
  1. In-person collection – Lekáreň v KOCKE, Zvolen - VÚB ePLATBY - online payment VÚB
  •      In-person collection fee is not charged for orders over EUR 29.99
  •      The in-person collection fee is 2,00 EUR
  1. Electronically by email - VUB ePLAYMENT - VUB online payment
  •      The price for preparing the goods for collection is 0,00 EUR
  •      The goods can be collected FREE in person at:
  •      Lekáreň v KOCKE, Pražská 1388/6, Zvolen, 96001, Slovakia
  •      IMPORTANT: When picking up in person, always wait for a confirmation e-mail confirming that your goods are ready for pick-up, otherwise the goods may not be ready for collection !!!
  1. GEIS courier order service - Cash on delivery
  •     Shipping costs are not charged for orders over 29.99 EUR
  •     The cost of shipping and payment is 3.64 EUR
  1. GEIS courier service – Payment in advance by bank transfer
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  1. GEIS courier service - Card payment online
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  1. GEIS courier service - TatraPay - online payment
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  1. GEIS courier service - VÚB ePLATBY - online payment by VUB
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  1. GeisPoint - Cash on Delivery
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 3.64 EUR
  1. GeisPoint – Payment in advance by bank transfer
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  1. GeisPoint - Card payment online
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  1. GeisPoint - TatraPay - online payment
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  1. GeisPoint - VÚB ePLATBY - online payment by VUB
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  1. Slovak Post – storage at the post office - Cash on delivery
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 3.64 EUR
  •       Mail storage - maximum 7 business days
  1. Slovak Post - storage at the post office – Payment in advance by bank transfer
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  •      Mail storage - maximum 7 business days
  1. Slovak Post - storage at the post office - Payment by card online
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  •      Mail storage - maximum 7 business days
  1. Slovak Post - storage at the post office - TatraPay - online payment
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  •      Mail storage - maximum 7 business days
  1. Slovak Post - storage at the post office - VÚB ePLATBY - online payment by VUB
  •      Shipping costs are not charged for orders over 29.99 EUR
  •      The cost of shipping and payment is 2.65 EUR
  •      Mail storage - maximum 7 business days

 

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