Terms of service

# General Terms and Conditions of GUPOL, s.r.o. and Personal Data Processing Conditions (hereinafter referred to as "Terms")

## Article 1 - Introductory Provisions

### 1.1
The Terms regulate the rights and obligations between GUPOL, s.r.o., located at Smetanova 1655/7, 911 01 Trenčín, IČO: 55748244 (hereinafter referred to as the "Seller") and an individual or legal entity purchasing offered goods through the websites http://abouther.sk, http://www.abouther.cz, http://www.abouther.eu (hereinafter referred to as the "Site") or by phone (hereinafter referred to as the "Buyer"). For the purposes of these terms and conditions, goods refer to products and items offered for sale by the Seller on the Site.

### 1.2
The contractual relationship between the Seller and a Buyer who is not a consumer (§2(1)(a) of Act No. 250/2007 Coll. on Consumer Protection as amended) does not apply to Articles 6, 7, and 8 of the Terms. Legal relationships not regulated by the Terms are governed by the provisions of Act No. 513/1991 Coll., the Commercial Code as amended. The contractual relationship between the Seller and a consumer Buyer not regulated by these Terms is governed by the provisions of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract concluded outside the Seller's business premises and on amendments to certain laws.

## Article 2 - Contract Conclusion

### 2.1
The Buyer's proposal to conclude a contract (order) must be sent to the Seller via an electronic form available on the Site. The Buyer must specify the quantity, type of goods, and method of delivery in the order and provide their name, surname, phone number, address, and possibly an email address. By clicking the "send order" button, the Buyer sends the order to the Seller. Orders can also be placed by phone at +421908 084 860 (SK). A purchase contract is concluded upon the delivery of goods to the Buyer.

### 2.2
The Seller must send the Buyer a confirmation of order receipt via SMS to the phone number provided in the order form within 3 days of receiving the order. The contract is concluded when the Buyer receives the confirmation from the Seller.

### 2.3
The Buyer can cancel the order until they receive the notification of order receipt.

### 2.4
From the moment the goods are published on the Site, the Seller is bound by the Terms of their sale.

### 2.5
Any further electronic communication regarding the rights and obligations of the contractual parties under the contract must be sent by the Buyer to the Seller's email address info@abouther.sk.

## Article 3 - Purchase Price and Delivery Costs

### 3.1
The Buyer agrees to purchase the goods at the price listed on the Site at the time the order is sent to the Seller.

### 3.2
Unless stated otherwise, the listed prices do not include packaging and shipping costs.

### 3.3
Sales are conducted on a cash-on-delivery basis. The purchase price and delivery costs are payable upon delivery of the goods to the Buyer unless the Terms specify otherwise.

### 3.4
The Buyer must collect the goods personally at the agreed place and time or ensure their collection. The customer will receive an invoice (receipt) with the goods. The invoice, which also serves as a delivery note and proof of purchase, will be delivered with the goods or electronically in PDF format via email. By submitting the order, the Buyer expressly agrees to receive the invoice in electronic PDF format to the email address provided.

### 3.5
Payments made by postal order are considered fulfilled only after they are credited.

## Article 4 - Delivery of Goods

### 4.1
The delivery location (hereinafter referred to as the "destination") is determined by the Buyer in the order. Delivery to the destination is arranged by the Seller at the Buyer's request in the order form. If the Buyer specifies a destination outside Slovakia, the Seller will arrange a courier service to deliver the goods to the destination at the Buyer's request. The Buyer acknowledges that they are responsible for ensuring compliance with the delivery conditions in the destination country.

### 4.2
The Seller accepts and processes orders daily until 3:00 PM. Goods are dispatched on working days, with a typical delivery period of 14 working days. The delivery period may be extended in case of unforeseen events. The Buyer is not entitled to claim damages related to the Seller's failure to meet the delivery period.

### 4.3
The Seller will inform the Buyer about the dispatch of goods via SMS to the phone number provided in the order.

### 4.4
The Buyer must collect the goods on time and properly. Upon receipt, the Buyer must check the package's integrity, seal, or any damage to the packaging and immediately report any issues to the courier or person delivering the goods. The Buyer must also check if the content matches the order and is free from apparent defects. Any discrepancies or apparent defects must be noted in writing in the delivery note.

### 4.5
If the damage or partial loss of the goods is not apparent upon receipt, the Buyer must report the damage to the Seller and the carrier without delay, but no later than three (3) working days after delivery. The carrier's representative will write a damage report with the Buyer on the next working day after the damage notification. Upon receipt of the damage report, the Buyer can claim defects caused by damage or partial loss from the Seller.

### 4.6
Delivery is made in discreet packaging.

## Article 5 - Risk of Damage to Goods, Retention of Title

### 5.1
The risk of damage to the goods passes to the Buyer at the moment of receipt at the destination. The Buyer confirms receipt of the goods upon delivery.

### 5.2
The goods become the property of the Buyer upon order confirmation.

## Article 6 - Warranty, Defects, Complaints, Service

### 6.1
The Seller provides a 24-month warranty on the goods or until the expiration date indicated on the packaging by the manufacturer.

### 6.2
The warranty does not cover defects caused by improper use, mechanical damage, exposure to hazardous effects of thermal and/or electromagnetic radiation, environmental conditions (moisture, dust, direct sunlight, vibrations), or unauthorized interventions.

### 6.3
When claiming defects, the Buyer must present proof of purchase (invoice/payment confirmation) and provide a written description of the defect. The Buyer must deliver the goods with all accessories. In case of shipping, the Buyer must take all necessary measures to protect the goods from damage during transit.

### 6.4
For removable defects, the Buyer has the right to have the defect rectified free of charge, timely, and properly. The Seller must remove the defect without undue delay. Instead of rectifying the defect, the Buyer may request the replacement of the item or part, provided that this does not cause unreasonable costs to the Seller relative to the price of the goods or the severity of the defect. The Seller may always replace the defective item with a non-defective one if it does not cause significant inconvenience to the Buyer.

### 6.5
If the Seller determines (through testing) that the claimed product is not defective or does not meet the manufacturer's warranty criteria, the complaint is considered unfounded, and the claimed product will be returned to the Buyer. The Seller reserves the right to charge the Buyer for costs incurred in relation to an unfounded complaint.

## Article 7 - Withdrawal from the Contract

### 7.1
For non-removable defects, the Buyer has the right to a reasonable discount on the price of the goods.

### 7.2
If the defect is non-removable and prevents the proper use of the goods as a defect-free item, the Buyer has the right to exchange the goods or withdraw from the contract. The same rights apply if the Buyer cannot use the goods properly due to repeated defects after repair or due to multiple defects. The Buyer can withdraw from the contract concluded remotely or outside the Seller's business premises within 14 days from the date of receipt of the goods, provided the goods are unused, in their original sealed packaging, and undamaged or complete in insured shipment form; the Buyer must return the goods to the Seller no later than 14 days after withdrawing from the contract.

### 7.3
The Buyer cannot withdraw from the contract if the goods are unsuitable for return due to health protection or hygiene reasons and the packaging was damaged after delivery and/or the goods were used by the Buyer. If the goods are marked "GUARANTEE" by the Seller and do not meet the Buyer's expectations, the following applies: If the product is consumed up to 50%, the Buyer can return it and receive 100% of its value as a voucher from the Seller, usable for any product offered by the Seller. The Buyer can exercise the right to return the goods within 14 days from receipt of the shipment, and the voucher is valid for 30 days from the date of exercising the right to return. The Buyer must return the goods within the 14-day period in their original packaging, with a completed return form and the original purchase invoice.

### 7.4
The Seller will issue a credit note to the Buyer for the cancellation of the contract according to these Terms in the amount of the purchase price on the day of purchase.

### 7.5
If the Seller cannot fulfill the contract because the ordered goods cannot be delivered, the Seller must inform the Buyer without delay and refund the price paid for the goods within 14 calendar days.