General terms and conditions

(hereinafter also referred to as “GTC”)

The operator of the online store (“e-shop” or “online store”) located on the domain www.quickborn.sk (the “internet domain”) is the company:

GARAGE COFFE s.r.o.
registered office: Hollého 843/46, 909 01 Skalica
Registration: Companies Register, Trnava District Court, Section. Sro, file no. 45104/T
Company ID: 52 591 395
Tax ID: 2121085098
E-mail: quickborn.roastery@gmail.com
Phone number: +421918014730
(the “Company”)
Receiving orders via e-shop: nonstop
Supervisory authority:
SOI Inspectorate for the Trnava Region
Pekárska 23, 917 01 Trnava
Odbor výkonu dozoru
tel. no. 033/321 25 27
E-mail: tt@soi.sk
Regional Veterinary and Food Administration of Senica nad Myjavou
K veterine 5001/4, 905 01 Senica nad Myjavou
tel. no. 421918611948

Article I
Definition of Terms

For the purposes of these GTC, the terms used shall be interpreted as follows:

E-shop – the online store operated by the seller on the domain www.quickborn.sk

Seller – Seller” means GARAGE COFFE s.r.o., with its registered office at Hollého 843/46 909 01 Skalica, Slovakia, identification number 52591395, registered in the Companies Register at Trnava District Court, Section: Sro, File No. 45104/T

Buyer – is every e-shop visitor who has created an order through the e-shop.

Consumer – means a buyer who is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of their business, employment or profession

Goods – goods or services offered/published through the e-shop.
Order – an act of the consumer performed through the e-shop, which expresses the will of the consumer to purchase goods in the e-shop.

Price – the total price stated in the order, especially the price for all goods ordered by the consumer and stated in the order, and also VAT or other taxes, fees, including the shipping price.

Transport price (transport) – price for transport of goods to the consumer and, if applicable, handling of goods (carrying, etc.), if included in the transport price, including postage and other costs and charges.

Article II
General Provisions

These GTC govern:
a) the process of the consumer purchasing goods through the e-shop;
b) the conditions of sale and purchase of goods through the seller’s e-shop;
c) the rights and obligations of the parties, the seller, the buyer and the consumer, arising from the contract of sale concluded between these parties, the subject of which is the purchase and sale of goods through the seller’s e-shop.
The buyer fully recognizes electronic communication, especially through e-shop, e-mail communication and also telephone communication.

Article III
Order and Conclusion of the contract

The consumer or buyer orders goods from the seller through an e-shop operated on the Internet domain www.quickborn.sk.
The description of the goods, their characteristics, availability in stock and their price are listed for individual items of the goods offered in the e-shop. All images of goods in the e-shop are for informational purposes only. The seller is bound by the price stated on the e-shop website at the moment the purchase is made.
The purchase of goods in the e-shop is possible for a registered buyer or buyer without registration. By registering, the buyer provides registration data that the seller will use only for the purpose of uniquely identifying the buyer when processing the order and delivering the ordered goods. In order to correctly process the order, it is necessary to correctly and completely fill in the required data in the order and choose the shipping and payment options for the ordered goods or services.
By registering, the buyer gains access to his account (the “buyer’s account”). The buyer’s account enables the history of orders and realized purchases to be tracked, and also other functionality provided by the e-shop.
After pressing the “Add to cart” button or the button with the shopping cart symbol next to the item, the item is added to the buyer’s shopping cart. The buyer’s shopping cart is available at any time during the creation of the order for inspection and making changes to the items in the order. Until the moment of completion and confirmation of the order, the contents of the cart are for information only.
During the purchase process, the buyer chooses the method of payment of the price of the goods and the method of transport of the goods from the possibilities offered by the seller. The price for transport under the chosen mode of transport is also added to the prices for individual goods, if the seller enables the goods to be transported in several ways. If the transport price is not paid by the buyer, i.e. the buyer is entitled to a discount on the transport price, this fact is stated in the final overview of the order, while the buyer is informed about the transport price or the discount on the transport price during the purchase process.
The buyer ends and confirms the order by pressing the “Order with payment obligation” button. Before sending, the buyer has a link to these GTC, while confirming and sending the order he confirms familiarization with these GTC.
By sending the order, the buyer confirms that he has also had the opportunity to get acquainted with:
(a) Characteristics, specifications, quantity and type of goods;
b) The total price that the seller is obliged to pay,
After the order is sent, it is registered in the e-shop system and at the same time the seller sends to the e-mail address of the buyer specified by the buyer when ordering or registering:
a) order confirmation with information about the ordered goods;
(b) in the case of a purchase by a consumer, an instruction given to the consumer on the exercise of the right of withdrawal, including a form for exercising this right;
c) a reference to the wording of the GTC that is valid and effective at the time the order is placed by the consumer;
d) a reference to the Seller’s Claims Procedure.
Upon delivery of the confirmation of receipt of the order under paragraph 9 of this Article of the GTC together with other documents to the buyer / consumer, the contract for the purchase of goods is considered concluded. The concluded contract of sale may be changed, cancelled or supplemented only by mutual agreement between the buyer and the seller, unless the law or other legal regulation provides otherwise. Confirmation of the order by the seller is the dispatch of the goods. By sending the order, the buyer is obliged to pay the purchase price of the ordered goods, unless the parties agree otherwise.

Article IV
Payment Terms

All prices of goods in the order and in the e-shop are listed including VAT and any other taxes.
Shipping costs will be added to the price if the buyer/consumer has chosen a mode of transport by delivery intermediary and if the value of the ordered goods does not exceed the value set by the seller, when the shipping price is borne by the seller. Information on the payment of transport by the seller is specified in the order. The value of the order with the shipping price is indicated throughout the purchase process. The shipping price is set under the valid price list of the delivery intermediary.
The price under the order can be paid by the buyer:
(a) by transfer;
(b) by payment gateway;
c) in cash on delivery (payment to the delivery intermediary upon receipt of the goods);
d) upon receipt of the goods from the seller in cash.
The seller reserves the right to temporarily or permanently limit payment methods for technical reasons, due to obstacles on the part of the seller or the intermediary of these services or due to force majeure.
The seller does not charge a fee for payment. The seller warns the buyer that the intermediary of the payment of the price may charge a fee for making the payment (bank fees for transfer and payment for cash on delivery.).
Payment means the moment the price is credited to the seller’s bank account or the moment of confirmation by the payment intermediary about its implementation.
Any promotional discounts apply only to the goods explicitly indicated in the Seller’s promotion, and only until stocks of such goods are sold out.

Article V
Delivery Terms

The seller enables the following methods of delivery of goods to the buyer:
(a) delivery intermediaries (courier, post office).
The seller undertakes to deliver the ordered goods to the buyer within a reasonable period of time (the “delivery time”). Deliveries of goods the order of which has been confirmed by the seller will be carried out in accordance with the seller’s operational capabilities, usually within 7 working days from the start of the delivery process. The seller will start the process of delivery of the goods to the buyer at the moment of binding confirmation of the order and payment of the price of the goods, if the buyer has chosen the method of payment by credit card, payment gateway or bank transfer or deposit into the seller’s account. If the buyer has chosen the method of payment in cash on delivery or upon personal receipt of the goods from the seller, the seller will start the process of delivery of the goods to the buyer at the moment of binding confirmation of the order. In exceptional cases, the seller may unilaterally extend the delivery time, even repeatedly. The seller reserves the right to extend the delivery time especially in cases of force majeure or in cases where it is not possible for objective reasons to deliver the goods within the usual delivery time. In the event of a change in the delivery time, the seller shall inform the buyer of this fact using electronic message (e-mail) or SMS message. The buyer is informed about the dispatch of the goods or about their preparation for personal receipt using electronic message (e-mail) or SMS message.
The seller reserves the right to refuse the order or its part and/or to withdraw from the order made and the contract for the purchase of goods in whole or in part due to the selling out of stocks of goods, their unavailability or if the manufacturer interrupted production or made such serious changes that made it impossible to fulfil the seller’s obligations arising from the buyer’s order, or for reasons of force majeure; or if, even with all efforts that can reasonably be required from the seller, he is unable to deliver the goods to the buyer within the period specified by these GTC or at the price specified in the order. If the seller rejects the order or part thereof and/or withdraws from the contract for the purchase of goods in whole or in respect of its part, he is obliged to immediately inform the buyer of this fact and return the price paid for the goods within 14 days, unless the seller and the buyer agree on a substitute performance. In case of substitute performance, the seller is obliged to deliver the goods to the buyer in the same quality and price.
If the buyer orders more units of goods than the currently available quantity of these goods in the seller’s warehouse, the e-shop will enable you to create an order. After sending the order, the buyer will be informed about the availability of the goods and may decide for immediate partial delivery of the goods available in stock or for delivery of the total ordered quantity of goods at the time of their availability.
If the chosen shipping method is a delivery intermediary, the seller will deliver the ordered goods to the buyer to the address specified by the buyer as the delivery address in the order. The delivery of goods does not include installation or other actions (e.g. unloading of goods, etc.). The buyer is obliged to take over the goods personally at the place of delivery or to ensure that the goods are taken over by a person authorized by him to take over the goods in the case of his absence. The authorized person to take over the goods is obliged to submit to the seller or delivery intermediary the original of the written authorization.
The buyer is obliged to check the delivered goods and also their packaging immediately upon delivery. If the buyer finds that the goods or the packaging of the goods are mechanically damaged, he is obliged to demonstrably notify the delivery intermediary by writing on the delivery confirmation and check the condition of the goods in the shipment in his presence. In the event of detection of damage to the goods, the buyer is obliged to make a record of the extent and nature of damage to the goods on the delivery documents, the correctness of which will be confirmed by the carrier carrying out the delivery of the ordered goods. On the basis of such a record delivered to the seller, the seller may subsequently provide the removal of defects in the goods, a discount on the goods or, in the case of irremovable defects of the goods, deliver new goods to the buyer. The seller is not responsible for damage to the goods caused by the carrier or buyer.
The buyer is obliged to confirm receipt of the goods to the seller or carrier on the delivery note by his signature or, in the case of authorization by the buyer, an authorized person upon receipt of the ordered goods.
If the buyer chooses personal collection as the method of delivery, the goods are ready for acceptance by the seller after a notice is sent about the possibility of their receipt in the warehouse or at the store.
The seller has the right to cancel the buyer’s order if the buyer has provided false or misleading data in the order that cannot be verified, such as an incorrect e-mail or telephone contact. Verification is considered to be the possibility of contacting the buyer back at the given phone number or e-mail address. If the buyer has paid an advance, the seller is obliged to return the payment within 14 days.

Article VI
Information on the Consumer’s Right of Withdrawal

The buyer may withdraw from the contract only in cases stipulated by law.
Based on Act no. 102/2014 on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Business Premises of the Seller and on the Amendment of Certain Acts (the “Act”) under the provisions of Section 7 et seq., the consumer has the right to withdraw from the contract of sale within 14 calendar days from the date of receipt of the goods or from when the consumer or a third party designated by him takes over the goods from the carrier, which was delivered last, if the goods ordered in one order are delivered separately (sequentially).
If the subject of the contract of sale is the delivery of goods, the consumer has the right to withdraw from the contract even before the delivery of the goods.
If the consumer wishes to exercise this right, the consumer is obliged to deliver the written withdrawal from the contract of sale in person no later than on the last day of the specified period to the contact address of the seller or to hand over this withdrawal for postal delivery no later than on the last day of the period to the address specified in the contacts. After the notice of withdrawal, the consumer is obliged to send or deliver in person the subject of the contract from which he withdraws together with all documentation – for example, the original invoice, instructions and other documentation for the goods delivered to him together with the goods, but no later than 14 days from the date of withdrawal (Section 10(1) of the Act).
The consumer may withdraw from the contract of sale even before the start of the withdrawal period in accordance with the previous points.
Upon withdrawal from the contract, the buyer/consumer will be refunded all payments made in connection with the conclusion of the contract, in particular the price of the goods, including shipping, delivery and postage costs and other costs and fees. This does not apply to additional costs if the buyer/consumer has chosen a different type of delivery than the cheapest standard method of delivery offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer/consumer and the cost of the cheapest standard delivery method offered by the seller. Payments will be returned to the buyer/consumer without undue delay, no later than 14 days from the day on which the seller receives the notice of withdrawal. Their payment will be made by the same means as the buyer/consumer used for payment, unless the consumer has expressly agreed to another payment method, without charging any additional fees.
Repayment for the goods will be made to the buyer/consumer only after delivery of the returned goods back to the seller’s address or upon submission of a document proving the return of the goods, whichever occurs first. The buyer/consumer sends the goods back or brings them to the seller’s address no later than 14 days from the date the right of withdrawal is exercised. The time limit shall be deemed to have been observed if the goods are sent back before the expiry of the 14-day period. The direct cost of returning the goods shall be borne by the consumer.
The buyer / consumer is responsible for any diminished value of the goods as a result of handling them in a manner other than what is necessary to determine the characteristics and functionality of the goods.
When withdrawing from the contract, the buyer/consumer bears the costs of returning the goods to the seller or the person authorized by the seller to take over the goods. The buyer/consumer bears any reduction in the value of the goods caused by their use beyond what is necessary to determine the functionality and characteristics of the goods.
The buyer/consumer cannot withdraw from a contract the subject of which is
a) the provision of a service, if its provision has begun with the express consent of the buyer/consumer and the consumer has stated that they have been duly instructed that by expressing this consent they lose the right to withdraw from the contract after full provision of the service and if the service has been fully provided,
b) the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,
c) the sale of goods made under the specific requirements of the buyer/consumer, custom-made goods or goods intended specifically for one consumer,
the sale of goods that are subject to rapid deterioration or perishability,
d) the sale of goods enclosed in a protective packaging which is not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
(e) the sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery.

FORM FOR WITHDRAWAL OF THE CONSUMER FROM THE CONTRACT (download)

Article VII
Acquisition of Ownership and Transfer of Risk of Damage to Goods

The buyer acquires ownership of the goods only after full payment of the entire purchase price and only at the moment of receipt at the place specified by the buyer.
The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller or from the intermediary of the delivery of the goods (courier), or if he does not do so in time, at the time when the seller puts the goods at the buyer’s disposition and the buyer does not take over the goods.
The seller reserves the right to provide goods or services that are still subject to the property right of the seller in the event of a claim by the buyer only at the moment of full payment of the subject of the contract of sale.

Article VIII
Rights and Obligations of the Parties

The seller and the buyer are considered to be the parties.
The buyer is obliged to:
a) take over the ordered goods,
b) pay the agreed sum to the seller for the goods,
(c) check the integrity of the packaging or the goods themselves upon receipt.
The seller is obliged to:
a) deliver goods to the buyer or the person specified in the order in the required quality, quantity and at the agreed price,
b) together with the goods or additionally send to the buyer all documents for the goods, such as an invoice for the goods, claim letter, operating instructions, in codified form, in the Slovak language..

Article IX.
Compensation for Damages in the Case of Non-takeover of the Goods

The seller has the right to compensation for damages (under the provisions of Section 420 et seq. of the Civil Code) if the buyer ordered goods and did not cancel or withdrew from the contract and at the same time did not take over these goods from the carrier or, after being called upon to do so by the seller, did not take over the goods within the specified collection period if the seller chose personal collection. By doing so, the buyer has violated their obligation specified in Article VIII of these GTC, under which the buyer is obliged to take over the ordered goods.
When determining the amount of damages, the seller takes into account, in particular, transport costs and related fees in the case of sending goods, costs associated with packaging, dispatch and administration of the order, and also all other costs incurred with the execution of the order in question and at the same time has the right to charge for lost profits.
The seller also has the right not to exercise the right to compensation for damage or to exercise this right only in part.

Article X.
Claims

The consumer is obliged to apply the required method of settling the claim at the latest upon submission of the Claim Form, a sample of which is available on the E-shop website in the Claims Procedure section.
Further information on the procedures for handling claims about goods, including information on the Buyer’s claims, is regulated by the Seller’s Claims Procedure available on the E-shop website in the Claims Procedure section.

Article XI.
Alternative Dispute Resolution

If the consumer is not satisfied with the way in which the seller has handled their claim or if believes that the seller has violated their rights, they have the right to contact the seller with a request for redress by e-mail to the seller’s e-mail address info@quickborn.sk. If the seller rejects this request from the consumer or does not respond to it within 30 days of its dispatch, the consumer has the right to submit a proposal to initiate an alternative dispute resolution entity (the “ADR entity”) under Act no. 391/2015 on alternative dispute resolution for consumer disputes and on the amendment of certain acts, as amended (the “ADR Act”). ADR entities are the authorities and authorised legal entities referred to in Section 3 of the ADR Act, the list of which is maintained by the competent state authority (“http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov”). The application may be submitted by the consumer under Section 12 of the ADR Act.
The consumer may also submit a claim through the ODR alternative dispute resolution platform available online at http://ec.europa.eu/consumers/odr/index_en.htm.
Alternative dispute resolution concerns only a dispute between a consumer and a seller arising from a consumer contract or related to a consumer contract. Alternative dispute resolution only concerns distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed €20. The ADR entity may require the consumer to pay a fee for initiating an alternative dispute resolution up to a maximum of € 5 including VAT.

Article XII
Final Provisions

The seller reserves the right to change and supplement these general terms and conditions and claim procedure without prior notice to the buyer. In the event of a change in the general terms and conditions or claims procedure, the entire purchase process is governed by those general terms and conditions that were valid at the time of sending the order by the buyer and these are available on the seller’s website.
The claims procedure is also an integral part of these General Terms and Conditions.
By sending the order, the buyer has read the general terms and conditions and also the claims procedure. The buyer declares that he has become acquainted with these GTC and undertakes to comply with them.
These General Terms and Conditions are available at the registered office of the company for inspection by the buyer and are also published on the e-shop website.
Relations not addressed in these General Terms and Conditions or in their integral parts (annexes) are governed by the relevant provisions, in particular Act no. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 122/2013 Coll., Act no. 22/2004 and also Act no. 513/1991 Coll.
These GTC enter into force and effect on 1.3.2024.