Terms and conditions

GENERAL TERMS AND CONDITIONS

pursuant to Act No. 108/2024 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the trader's premises and on amendments to certain laws relating to the purchase of goods via an e-shop (electronic commerce system) www.lotsi.sk

1. General provisions

1.1 Data about the operator of the online store LOTSI.sk, hereinafter referred to as the "merchant".

1.2 The trader is Vladimír Obuch , Podhorská 3, Pezinok 902 01, registered in the Trade Register, reg. no. 1634/99, Company ID: 36981729, VAT ID: 1020150659, VAT ID: SK1020150659, tel. +421 918 112 650, e-mail: info@lotsi.sk (hereinafter referred to as the "trader").

1.3 A consumer is any natural person who, when concluding and performing a purchase contract in an online store, is not acting within the scope of their business activity, employment or profession.

1.4 By using the online store's website and confirming the order, the consumer agrees to these Terms and Conditions.

1.5 These Terms and Conditions are valid until new Terms and Conditions are issued.

2. Price of goods

2.1 The prices of individual products displayed on the website of the online store are current and valid. The prices are listed including all taxes and fees except for delivery costs. The prices are listed including VAT, as the merchant is a VAT payer.

3. Ordering goods

3.1 The consumer can order goods via the shopping cart on LOTSI.sk (via the web interface of the e-shop https://lotsi.sk/ )

3.2 After sending the order, your order will be processed and a confirmation of receipt of the order will be delivered to your e-mail address. By sending the order to the trader, the consumer confirms that the trader has timely and properly fulfilled its information obligations pursuant to the provisions of Section 5, paragraph 1 of Act No. 108/2024 Coll. on consumer protection in the sale of goods or the provision of services based on a distance contract or a contract concluded outside the trader's business premises and on amendments to certain laws (hereinafter referred to as the "Consumer Protection Act in the Sale of Goods"). If necessary, all further information regarding your order will be sent to the e-mail address you provided.

3.3 By sending an order, the consumer undertakes to take delivery of the ordered goods and pay the agreed price for the goods.

3.4 The merchant undertakes to deliver the correct type and quantity of goods at the agreed price according to the order.

3.5 The trader has the right to cancel the order if it is not possible to provide the ordered goods. In such a case, the trader will immediately refund the consumer the full amount paid or offer him/her replacement goods or another solution, if the consumer agrees. The trader also has the right to cancel the order if he/she cannot contact the consumer (incorrectly provided or missing contact details, unavailability, etc.).

3.6 By sending an order to the trader, the consumer confirms that the trader has timely and properly fulfilled its information obligations pursuant to the provisions of Section 5, paragraph 1 of Act No. 108/2024 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the trader's business premises and on amendments and supplements to certain laws.

4. Payment and delivery terms

4.1 The Consumer can pay for the goods on delivery and by credit card via the GP webpay payment gateway.

4.2 Payment is only possible in EUR.

4.3 As a standard, we deliver goods only within the Slovak Republic. Goods to other EU countries will be sent by the trader only after agreement with the consumer. The price for shipping outside the territory of the Slovak Republic will be notified to the consumer by e-mail before the ordered goods are shipped.

4.4 The tax document (invoice) is sent by the trader to the consumer together with the goods.

4.5 The delivery time for goods offered by the trader is in most cases within 3 working days from the confirmation of the order, the maximum delivery time in cases of unavailability of goods in the trader's warehouse is 10 days or may be extended upon agreement with the consumer. The trader will inform the consumer about the extended delivery time and delivery date when confirming the order by telephone.

4.6 The trader will inform the consumer about the dispatch/dispatch of the goods by e-mail.

4.7 The trader ensures the transport of goods within the Slovak Republic via the courier service PACKETA and Slovak Parcel Service. When placing an order, the consumer chooses the delivery method that suits him.

4.8 Fees for the transport of goods, so-called postage + packaging.

The price for transporting goods to a designated location in the Slovak Republic is determined as follows:

  • Orders from €30

    Shipping, postage and packaging FREE (Packet courier, Packet delivery points, personal collection)

  • Orders up to €30

    • +3.50 € – Packet courier

    • +2.50 € – Packet dispensing point

    • FREE – personal collection

  • Payment methods:
    • cash on delivery – €1.40 (not possible for personal collection)
    • card payment online - free of charge
  • each piece of jewelry is packed in a box - free of charge
  • we are VAT payers
  • valid for Slovakia

4.9 The place of collection is determined based on the delivery details entered in the consumer's order. Delivery is considered to be completed when the goods are delivered to the designated place.

4.10 The goods are adequately packaged and secured. The consumer is obliged to check the integrity of the shipment upon receipt of the goods and, in case of damage, not to accept the shipment from the delivery person. This will avoid unnecessary costs for any possible complaint about the goods.

4.11 The trader shall provide the consumer with an invoice (tax document) together with the goods. The invoice shall also serve as a delivery note and a warranty certificate.

4.12 The trader is responsible for the goods only after they have been taken over by the consumer. The goods are deemed to have been taken over by the consumer when the consumer or a third party designated by the consumer, with the exception of the carrier, takes over all parts of the ordered goods, or if:

  1. goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods that were delivered last,
  2. delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
  3. delivers goods repeatedly during a defined period, upon receipt of the first delivered goods.

4.13 In the event of greater interest, the trader may have a shortage of goods in stock and may therefore deliver the ordered goods to the consumer in several packages, with the consumer paying the postage and packaging costs as if they were for one package.

5. Withdrawal from the contract – Your legal right. Return of goods

5.1 The consumer is, in accordance with Act 108/2024, Section 19, Paragraph 1, entitled to withdraw from a completed order (according to the law, “from the purchase contract”) without giving a reason, within the following period:

    1. within 14 days from the date of receipt of the goods.
    2. 30 days from the date of conclusion of the contract in the event of or in connection with an unsolicited visit or at or in connection with a sales event.

5.2 The consumer may withdraw from a distance contract or a contract concluded outside the trader's premises, the subject of which is the delivery of goods, even before the withdrawal period begins to run.

5.3 The consumer may exercise the right to withdraw from a distance contract or a contract concluded outside the trader's premises in written form or in the form of a record on another durable medium, and if the contract was concluded orally, any clearly formulated statement by the consumer expressing the consumer's will to withdraw from the contract (hereinafter referred to as the "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract. The consumer may use the withdrawal form that the trader publishes on its e-shop HERE .

5.4 The withdrawal period pursuant to point 1 and paragraphs a) to b) shall be deemed to have been observed if the consumer sends a notice of withdrawal from the contract to the trader no later than the last day of the period.

5.5 The trader is obliged to provide the consumer with a confirmation of receipt on a durable medium immediately after receiving the notice of withdrawal from the contract, if the consumer has withdrawn from the contract using a special function or withdrawal form available in the trader's online interface.

5.6 The consumer may withdraw from the contract only in relation to a specific product or products if the trader has supplied or provided multiple products under a distance contract or an off-premises contract.

5.7 When withdrawing from a distance contract or a contract concluded outside the trader's premises pursuant to Act No. 108/2024, Section 19, Paragraph 1, the consumer shall only bear the costs of returning the goods to the trader or to a person designated by the trader to receive the goods; this does not apply if the trader has agreed to bear the costs himself.

5.8 The trader is obliged to refund to the consumer, within 14 days from the date of receipt of the notice of withdrawal from the contract, all payments received from the consumer based on or in connection with a distance contract, an off-premises contract or an ancillary contract, including the costs of transport, delivery, postage and other costs and fees.

5.9 The trader is obliged to refund to the consumer all payments under paragraph 1 to the extent corresponding to the withdrawal from the contract, unless the consumer has withdrawn from the entire distance contract or the entire off-premises contract. The trader may not charge the consumer additional costs for transport, delivery, postage and other costs and fees.

5.10 The trader is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a method of delivery other than the cheapest standard delivery method offered by the trader. Additional costs are understood to be the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the trader.

5.11 The consumer does not have the right to withdraw from a distance contract and from a contract concluded outside the trader's premises, the subject of which is:

    1. provision of service, if
      1. the service has been fully provided and
      2. the provision of the service began before the expiry of the withdrawal period with the express consent of the consumer and the consumer declared that he was duly informed that by expressing consent he loses the right to withdraw from the contract after the service has been fully provided, if the consumer is obliged to pay the price under the contract,
    2. delivery or provision of a product whose price depends on price movements on the financial market, which the trader cannot influence and which may occur during the withdrawal period,
    3. delivery of goods manufactured according to the consumer's specifications or custom-made goods,
    4. delivery of goods that are subject to rapid deterioration or spoilage,
    5. delivery of goods enclosed in protective packaging that is not suitable for return due to health protection or hygiene reasons, if the protective packaging was broken after delivery,
    6. delivery of goods which, due to their nature, may be inseparably mixed with other goods after delivery

5.12 The trader provides the consumer with instructions on the exercise of the right to withdraw from the contract on the website of the online store as a document for download/viewing. The consumer can find instructions on the exercise of the right to withdraw from the contract at https://lotsi.sk/pages/vratenie-tovaru/

6. Exercise of the right to liability for defects – complaints and warranty conditions

6.1 The handling of complaints is governed by the warranty conditions of the specific goods, the Commercial Code and the relevant provisions of the Civil Code and special regulations. The trader is responsible for defects that the sold goods have upon receipt by the Consumer. If it is a defect that can be removed, the Consumer has the right to have it removed free of charge, in a timely and proper manner by the trader.

6.2 The warranty period for all goods offered in the online store of the merchant is 24 months with exceptions stipulated by law. To exercise the rights of liability for defects (complaint), proof of purchase (attached invoice) is always sufficient. Submission of proof of purchase for the purpose of complaint is also sufficient in the event that a warranty certificate was issued, but the customer lost it.

The consumer may, instead of removing the defect, request the replacement of the item, or if the defect concerns only part of the item, the replacement of the part, if this does not cause the trader unreasonable costs in relation to the price of the goods or the severity of the defect. The trader may always, instead of removing the defect, replace the defective goods with perfect goods, if this does not cause the consumer serious difficulties.

If the defect is irremovable and prevents the goods from being used properly as if they were free of defects, the consumer has the right to exchange the goods or to withdraw from the contract. The consumer has the same rights if the defects are removable, but if the defect recurs after repair or if the consumer cannot use the goods properly due to a large number of defects. If the defects are other irremovable defects, the consumer has the right to a reasonable discount on the price of the goods.

6.3 The warranty does not apply to defects:

– caused by mechanical damage by the consumer or improper handling (tearing of the chain, breaking of the stone, scratching, damage to the jewelry due to the presence of chemicals, etc.)

– caused by normal wear (normal wear and tear – e.g. ring wear, surface plating wear – gold plating of jewelry, etc.)

– caused by neglect of care and maintenance of the goods

6.4 The consumer may also exercise the right to liability for defects for a product purchased on sale or at a reduced price, but the defect must not be related to the reason why the product was sold at a reduced price.

6.5 The consumer is obliged to deliver the claimed goods clean, mechanically undamaged, with a copy of the invoice or a copy of the receipt from the cash register. The consumer is obliged to send a description of the defect along with the goods in the form provided by the trader for download HERE .

6.6 The trader shall handle the complaint for the goods without undue delay, but no later than 30 days from the date of receipt of the complaint by the Consumer or the transport company. After this period has expired, the consumer has the right to withdraw from the contract or to exchange the product for a new product. By handling a justified complaint, the warranty period is extended by the duration of the complaint. If the complaint was handled within the statutory warranty period by exchanging the goods for a new one, then the warranty period will start again from the date of handling the complaint.

6.7 CONSUMER PROCEDURE WHEN EXERCISING THE RIGHT TO LIABILITY FOR DEFECTS – COMPLAINTS:

6.7.1 As soon as possible after discovering a defect in the product, the consumer shall send the product by registered mail to the trader's address specified in point 1, together with a copy of the proof of purchase and a complaint report with a description of the product defect. If necessary, the consumer may contact the e-mail: info@lotsi.sk or the telephone number 0918/112 650, where he will be provided with all necessary information.
6.7.2 In a situation where the goods need to be sent to the trader, the consumer shall ensure that the goods are packed in suitable packaging that will sufficiently protect the goods, meets the requirements for the transport of fragile goods and marks the shipment with the appropriate symbols.

Address for sending complaints:
 Vladimir Obuch, Podhorská 3, 902 01 Pezinok

After receiving a complaint from the consumer, the trader will issue a confirmation of the defect - receipt of the complaint, stating the shortest possible period in which the defect in the goods will be removed (max. 30 days, in exceptional cases longer, of which the consumer must be informed in writing).

6.8 If the claimed goods were sent by post or a transport company, the transport costs associated with sending the claim to the trader's address shall be borne by the consumer. The trader shall ensure that the claimed goods are sent back by post at its own expense. Any other method of transporting the claimed goods back, at the express request of the consumer, shall be borne by the consumer.

6.9 The handling of a complaint (notice of a defect) is considered to be the handing over of the product to the consumer after repair, replacement or rejection of the complaint, or a refund upon withdrawal from the contract.

7. Information on alternative dispute resolution

If the consumer is not satisfied with the way in which the trader has handled his complaint or if he believes that the trader has violated his rights, he has the option of contacting the trader with a request for redress. If the trader responds negatively to the request for redress or does not respond to it within 30 days from the date of its sending, the Consumer has the right to submit a proposal to initiate an alternative resolution of his dispute pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments and supplements to certain acts.
The competent entity for alternative dispute resolution of consumer disputes with a trader is, for example, the Slovak Trade Inspection (SOI) Inspectorate SOI for the Bratislava Region Prievozská 32, PO Box 5, 820 07 Bratislava 27 or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the MSHR website); The consumer has the right to choose which of the listed alternative dispute resolution entities to contact.
Consumers have the option of using the online dispute resolution platform (hereinafter referred to as “ODR”) to resolve their disputes, in the language of their choice. The consumer may use the ODR platform, which is available HERE , for alternative dispute resolution of their dispute. When submitting a submission on the ODR platform, the consumer shall complete an electronic complaint form. The information submitted shall be sufficient to identify the relevant ODR entity. The consumer may attach documents to support his complaint.

8. Protection of personal data

In connection with the introduction of new legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") and the implementation of measures to ensure compliance of the trader Vladimír Obuch , Podhorská 3, Pezinok with the GDPR as well as with related relevant legal regulations governing the protection of personal data (e.g. Act No. 18/2018 Coll. on the protection of personal data and on amending and supplementing certain acts, regulations of the Personal Data Protection Office of the Slovak Republic), the Consumer can find the general information obligation regarding the protection of personal data on the e-shop subpage HERE .

9. Final provisions

9.1 Supervision of the provision of services is carried out by:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region Prievozská 32, PO Box 5,820 07 Bratislava 27
Department of Technical Control of Products and Consumer Protection and Legal Department tel. no.: 02/ 58272 172, 02/58272 104 fax no.: 02/ 58272 170 http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

9.2 The relevant provisions of the Civil Code, Act No. 22/2004 Coll. on electronic commerce and amending Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and amending certain acts as amended by Act No. 284/2002 Coll. as amended by later regulations and Act No. 108/2024 Coll. on consumer protection in distance selling apply to relations not regulated by these general terms and conditions.

9.3 By checking the box before submitting the order, the consumer expresses that he has read these general terms and conditions, fully understood their content and agrees with them.

9.4 These terms and conditions are valid from 01.07. 2024.
 In Pezinok, on 01.07.2024