This agreement is completed in Slovak and English. The Slovak version is decisive in the event of any discrepancies between the individual language versions hereof.
1. General provisions
1.1 Identification of the operator of boratree.organic, or simply “seller”.
The seller is BRM SK s. r. o., Vodná 27, 949 01 Nitra, Slovakia, registered in the Commercial Register at Nitra District Court, section: Sro, file no. 51059/N, Org. ID: 53040520, phone: +421 918 955 207, email: email@example.com
1.2 The buyer is any natural person or legal entity who confirms an order with an obligation to pay on the boratree.organic e-shop.
1.3 By using the seller’s e-shop website and confirming their order, the buyer agrees to these Terms and Conditions.
1.4 These Terms and Conditions are valid until the publication of a new version hereof.
2. Price of merchandise
2.1 The prices for the individual products shown on the seller’s e-shop website are current and valid. Prices are shown inclusive of all taxes and fees, excepting shipping costs. All prices for goods and services and all fees in the e-shop are shown inclusive of VAT. The seller is a registered VAT payer.
3. Ordering merchandise
3.1 The buyer may order merchandise using the shopping cart feature on boratree.organic
3.2 Once placed, your order will be processed and we will contact you via email with confirmation that we received your order. By placing an order, the buyer confirms to the seller that the seller has fulfilled its obligation to inform in a full and timely manner under the provisions of §3 (1) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods and Services Based on Distance Contracts or Contracts Concluded Outside of the Seller’s Establishment and on amendment of certain acts (“Consumer Protection Act”). You will be sent all additional information regarding your order to the email address you provide.
3.3 By placing an order, the buyer commits to accept the ordered merchandise and to pay the agreed price for the merchandise.
3.4 The seller commits to deliver the correct type and quantity of merchandise at the price agreed in the order.
3.5 The seller has the right to cancel an order if the ordered merchandise cannot be secured. In such case, the seller shall refund payment in full without delay, or offer the buyer substitute merchandise or another solution if the buyer agrees. The seller has the right to cancel an order if it is unable to contact the buyer (contact details are not provided or are provided incorrectly, if the buyer is unreachable, etc.).
3.6 By placing an order, the buyer confirms to the seller that the seller has fulfilled its obligation to inform in a full and timely manner under the provisions of §3 (1) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods and Services Based on Distance Contracts or Contracts Concluded Outside of the Seller’s Establishment and on amendment of certain acts.
4. Payment and delivery terms
4.1 The buyer can pay for the goods as follows:
a) upon receipt of the goods using cash on delivery
b) by cashless payment of the invoice to the seller’s bank account
c) using a payment card in the Global Payments payment gateway
4.2 Payments made using an online card are processed by the Global Payments system. Payment or credit card information will not be shared with the seller. The payment gateway is powered by Global Payments s.r.o., a company operating in the Czech Republic, with its registered office at V Olšinách 626/80, Strašnice, 100 00 Prague 10, Czech Republic, ID No.: 042 35 452 registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 244453, and acting in Slovakia through its organizational unit Global Payments s.r.o., organizational unit, with its registered office at Vajnorská 100/B, 831 04 Bratislava – Nové Mesto, ID No.: 50 010 301, registered in the Commercial Register kept by the District Court Bratislava I, Section Po, Insert 3016/B. Global Payments s.r.o. is regulated by the Czech National Bank and is authorized to provide payment services pursuant to Act no. 370/2017 Coll. on payments following a permit issued by the Czech National Bank.
Possibility of recurring payments
4.3 The buyer can also use recurring payments or so-called automatic payments when purchasing goods.
If the customer chooses a recurring payment in the basket, the goods will be sent to them automatically over a period of 12 months after the relevant payment is made. Payment for each order will be automatically charged once a month from the payment card entered by the customer in the order where the recurring payment was chosen as the payment method. With recurring payments, the customer receives a discount for each product ordered in this way.
The customer can cancel the recurring payment at any time without giving a reason. By canceling the recurring payment, the buyer will also cancel the automatic shipment of goods.
4.4 Payment may be completed in the currency in which items in the boratree.organic e-shop is shown. The buyer selects the currency valid in their country.
4.5 We typically ship the merchandise within the European Union. The seller will only send merchandise to other countries outside the EU upon agreement with the buyer. The buyer will be informed of shipping costs in the shopping cart when placing their order.
4.6 The seller will send the tax receipt (invoice) to the buyer electronically by e-mail.
4.7 The delivery terms for merchandise offered by the seller for sale are typically a maximum of 7 business days from order confirmation; the maximum delivery term for merchandise that is not currently in stock is 30 days, which may be extended upon agreement with the buyer. The seller shall inform the buyer of any such delay in the delivery term and a new delivery date over the phone or via email. If the buyer does not agree to the extended delivery terms, they have the option to cancel the order.
4.8 The seller will inform the buyer via email of the dispatch/shipment of their order.
4.9 The seller ships merchandise within the European Union. The buyer has the ability to select a carrier when placing their order.
4.10 Shipping and handling fees are covered by the buyer in the manner selected when placing an order for merchandise. The final price for shipping merchandise is calculated and specified in the order/shopping basket before the order is confirmed. By placing an order with an obligation to pay, the buyer agrees to the shipping price.
4.11 The place of delivery is defined based on the delivery address provided by the buyer in their order. Delivery of the merchandise to the place of delivery is considered fulfillment of delivery itself.
4.12 Merchandise is suitably packaged and protected. When receiving their merchandise, the buyer must inspect the parcel to ensure it is not damaged and should not accept any parcel from the delivering party if damaged. This will help prevent both the buyer and the seller from incurring unnecessary costs involved in returning merchandise.
4.13 Together with the merchandise, the seller will deliver an invoice (tax record) to the buyer. The invoice also functions as the delivery note and warranty certificate.
4.14 The seller is responsible for the merchandise until its acceptance by the buyer. The merchandise is considered accepted by the consumer at the moment the consumer or their designated third party, with the exception of the carrier, accept all parts of the ordered merchandise, or if:
a) merchandise ordered by the consumer in a single order is delivered separately, then at the moment of the acceptance of the merchandise delivered last,
b) merchandise composed of multiple items are parts is delivered, then at the moment of acceptance of the last item or last part,
c) merchandise is delivered repeatedly over a limited period of time, then at the moment of acceptance of the first delivered merchandise.
4.15 In the event of heightened demand, the seller may be forced to deliver ordered merchandise to the buyer in several individual parcels due to a lack of merchandise in stock, but the buyer will only pay shipping and handling for a single parcel.
5. Withdrawal from the contract. Returning merchandise
5.1 Under §7 (1) of Act No. 102/2014, the buyer is authorized to withdraw from a confirmed order (“from a purchase contract” under the law, if the buyer has already accepted the merchandise) without providing any reason within 14 days from the date of acceptance of the merchandise.
5.2 The buyer may exercise their right to withdraw from the contract under §7 (1) with the seller in writing, or in the form of a recording on another durable medium; if such contract was concluded verbally, the consumer may simply clearly articulate a statement from the consumer expressing their desire to withdraw from the contract (“notification of withdrawal”). The buyer may use the notification of withdrawal form that the seller has published online at its e-shop at boratree.organic/withdrawal-from-a-distance-purchase-contract
5.3 Within 14 days of the date of withdrawal from the contract, the buyer must send the merchandise back to the seller or return it to the seller or a party authorized by the seller to accept the merchandise.
5.4 Without any undue delay, and within 14 days of receipt of the notification of withdrawal, the seller shall refund all payments to the buyer received under the contract or in connection therewith, including costs for shipping, delivery and postage and other related costs and fees; this has no prejudice towards the provisions of §8 (5) as articulated in Subsections 5.5 and 5.6 herein and the price for the service if the subject of the contract is the provisioning of services and if the service has been provided in full.
5.5 The seller is not obliged to pay any additional costs to the consumer if the consumer specifically selects a form of shipping other than the least expensive typical shipping method offered by the seller. Additional costs are defined as the difference between the shipping costs selected by the buyer and the costs for the least expensive typical shipping method offered by the seller.
5.6 In the event of withdrawal from the contract, the buyer shall only cover the costs to return the merchandise to the seller or party authorized by the seller to accept the merchandise. The above is waived if the seller agrees to cover them itself or otherwise fails to fulfill its obligation under §3 (1)(i).
5.5 The seller is not obliged to refund any payments to the consumer under Subsection 5.4 herein before receiving the merchandise or until the buyer demonstrates that the merchandise has been sent back to the seller.
5.6 In the event of withdrawal from the contract, the buyer shall only cover costs to return the goods to the seller.
5.7 The buyer may not withdraw from a contract covering, under §7 (6)(e), the sale of merchandise sealed inside protective packaging that is unsuitable for return for health, safety or hygiene reasons and whose protective packaging was compromised after delivery.
6. Claims and warranty conditions
6.1 Claims shall be governed by the warranty conditions of the specific merchandise, the Commercial Code and relevant provisions of the Civil Code and special regulations.
6.2 The warranty period on all merchandise offered in the seller’s e-shop is 24 months with the exceptions specified by law. Proof of purchase (the provided invoice) shall always be sufficient for the purposes of exercising any rights related to defects (claims). Providing proof of purchase for the purposes of claims is also sufficient if a warranty certificate was provided but the customer has misplaced it.
6.3 The warranty does not cover normal wear and tear of an item (or part thereof) caused by use, physical damage to a product caused by the buyer, improper handling of a product in contravention to the methods defined in the user instructions, negligent care and maintenance for merchandise, damage to merchandise caused by overloading, use of the merchandise in contravention to the conditions specified in the documentation, general principles, technical standards or safety regulations, and other violations of the warranty conditions. Defects or damage to the product caused by a natural disaster are also excluded from liability.
6.4 The buyer has a right to file a claim involving a product that is purchased on sale or for a reduced price, but the defect must not be related to the reason for which the product was sold at a reduced price!
6.5 Merchandise involved in a claim shall be returned by the buyer in clean, in good condition, free of any physical damage, and with a copy of the invoice or the cash register receipt. Together with the merchandise, the buyer must provide a description of the defect(s) using the seller-provided form published at boratree.organic/ Claims-protocol
6.6 The seller shall resolve claims involving merchandise without any undue delay, and within 30 days from the date of delivery of the claim by the buyer or shipping company. Once this period has expired, the consumer has the right to withdraw from the contract or the right to exchange their merchandise for new merchandise. Resolution of a legitimate claim extends the warranty period by the duration of the related claim period. If the claim was resolved within the statutory warranty period by exchanging the merchandise for new merchandise, the warranty period begins again from the date on which the claim is resolved.
6.7 CLAIMS PROCESS FOR BUYERS:
6.7.1 As soon as possible after a defect is identified, the buyer shall send the product via registered mail to the seller’s address specified in Subsection 1, along with a copy of the proof of purchase and the claims form with clear specification of the defect in the product.
6.7.2 If the merchandise must be sent back to the seller, the buyer shall act to ensure the merchandise is packed in suitable packaging that will provide the merchandise with suitable protection and that meets the requirements for the shipment of fragile merchandise, and label the parcel with suitable symbols.
Address for sending claims:
BRM SK s. r. o./ Swiss Point Data, s. r. o., Areál Prologis, budova DC2 – brána 24, Diaľničná cesta 2, 903 01 Senec, Slovakia
6.8 If the merchandise involved in a claim is sent by post or a delivery company, the shipping costs related to sending the claim to the seller’s address shall be paid by the buyer. The seller shall then send the merchandise involved in a claim back to the buyer by post at its own cost. Any other form of shipping merchandise involved in a claim back at the buyer request shall be paid by the buyer.
6.9 A claim is considered resolved when the merchandise is accepted by the buyer after repair, replacement or rejection of the claim, or funds are refunded after withdrawal from the contract.
7. Information about alternative dispute resolution
Every consumer has the right to exercise their consumer protection rights by filing a petition with an alternative dispute resolution entity in accordance with Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes, as amended (“ADR Act”), for example, filing a petition with the Slovak Trade Inspection (“SOI”) http://www.soi.sk. Within alternative dispute resolution, the consumer cooperates with the ADR entity to achieve a fast and efficient resolution to their alternative dispute resolution case. In the event of a cross-border dispute, the consumer has the right to contact the European Consumer Centre, which will provide them with a mailing address, an email address or a telephone number to the ADR entity responsible for resolving their dispute. As an alternative for resolving their dispute, the buyer may use the RSO platform, which is accessible online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage . The buyer shall complete the electronic complaint form when making a filing using the RSO platform. Information that is provided must be sufficient for the purposes of determining the relevant alternative dispute resolution entity for on-line disputes. The buyer may attach documents to support their complaint.
8. Protection of personal data
With the introduction of new personal data protection legislation, specifically 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”) and the implementation of security measures to ensure BRM SK s.r.o. compliance with GDPR and related legislation concerning personal data protection (such as Act No. 18/2018 Coll. on Personal Data Protection and on amendment of certain acts, and Office for Personal Data Protection of the Slovak Republic decrees), the company’s general disclaimer with regards to personal data protection is published and available at https://boratree.organic/personal-data-protection
9. Final provisions
9.1 The provisioning of services is supervised by:
Slovak Trade Inspection (Slovenská obchodná inšpekcia, SOI)
SOI Inspectorate for the Nitra Region
Staničná 9, P. O. BOX 49A, 950 50 Nitra 1, Slovakia, phone: 037/772 02 16, http://www.soi.sk
9.2 Any arrangements not covered by these Terms and Conditions are subject to the relevant provision of the Civil Code of the Slovak Republic, Act No. 22/2004 Coll. on E-Commerce and on amendment of Act No. 128/2002 Coll. on State Control of the Internal Market in Matters Related to Consumer Protection and on amendment of certain acts, as amended by Act No. 284/2002 Coll., as amended, and Act No. 102/2014 Coll. on Consumer Protection in Distance Selling
9.3 By checking the box prior to placing their order, the buyer affirms they have reviewed the contents hereof, understand them in full, and agree with them.
9.4 These Terms and Conditions are valid as of 18 June 2020.
In Nitra, dated 18 June 2020
Withdrawal from a distance purchase contract
Rules of competitions on BoraTree social networks
The Statute of the Competitions (hereinafter the “Statute”) regulates the conditions of participation in the Competitions (hereinafter the “Competitions”), the manner and procedure for performing the activities necessary for its implementation, and defines the details of the rights and obligations of participants.
BRM SK s. r. o.,
949 01 Nitra, Slovakia
Company ID: 53040520
VAT ID: SK2121237096
+421 918 955 207
Place and Time of the Competition
The competitions take place online on the Facebook profile that can be found under: https://www.facebook.com/BoraTree.Organic as well as the Instagram profile: https://www.instagram.com/boratree.organic/ (hereinafter referred to as the “Place” or the “Competition Profile”) in the period specified in the Post (hereinafter referred to as the “Time of the Competition”).
Persons entitled to participate in the Competition
Only a person over 18 years of age may participate in the Competition (a natural person under 18 years of age may participate only with the consent of the legal representative). Such a person must have a permanent residence in the European Union and meet the conditions of a specific Competition (hereinafter referred to as the “Competitor”). Everyone who meets these conditions will be automatically included in the draw.
Competitors may enter the Competition only once during the Time of the Competition and the Competitor may become a Winner only once.
Conditions for participation in the Competition:
– Only the persons listed in the part “Persons entitled to participate in the Competition” have the right to participate in the Competition.
– By participating in the Competition, the Competitor agrees to the processing and publication of his/her data in accordance with this Statute in the event of a prize win.
– Any person who meets all the conditions for participation in the Competition within the deadline of the Competition will be included in the Competition with the possibility to win the prize.
The prize in the Competition … (the prize is stated in the Competition Post) will be won by the Winner who meets the conditions stated in the Competition Post on Facebook or Instagram.
The Winner of the Competition may receive one (1) of the following prizes: (Competition prizes are listed in the Posts).
The winning prize for the Competition was donated by the Organizer of the Competition. Winnings in the Competition are not enforceable in court. The prize cannot be exchanged for cash.
Evaluation of the competition and announcement of the prize awarding
The Winner of the Competition will be the Competitor who will be randomly selected using a specialized service for the random selection of Winners from all Competitors participating in the Competition and who meets all the conditions for participation in the Competition (hereinafter the “Winner”). The draw will be made by the Organizer or the Official without the presence of the by random drawing. The Winners of the Competition will be drawn from the participants who took part in the Competition in accordance with the conditions of the Competition (the number of Winners will be stated in the Post).
The name of the Winner will be published by the Organizer by marking their Facebook and Instagram names in the commentary under the Post under which they participated in the Competition. The Organizer will also contact them in writing by a personal message on Facebook (via a message in a comment or via Messenger), to which the Winner is obliged to respond within 48 hours. In the event that the Winner does not respond to the message within 48 hours, the Organizer reserves the right to make a new draw in order to cede the prize to another Winner.
Handing over of the prize
The Winner is obliged to provide the Organizer of the Competition with the necessary cooperation in order to hand over the prize to him or her. When contacting the Winner, the Organizer is entitled to request from him or her the consent to the processing of his personal data in the range of name, email, telephone number, address for the purpose of publication, in order to ensure handing over and delivery of the prize.
The provision of this information to the Winner is absolutely voluntary, but failure to provide it will be considered a failure to provide cooperation on the part of the Winner, which is necessary to hand over the prize. Failure to provide the data will result in the winner losing his/her right to the prize. The Winner’s data will be processed by the Organizer for a maximum of 1 year from the date of their provision.
By providing the above data, the Winner grants the Organizer consent to the processing of this data and consent to the publication of data in the range of name and surname (or name on FB, IG) in the list of Winners published on the official website of the Organizer on the social network Facebook.
Loss of entitlement to the prize and the exclusion of the Competitor
The Organizer reserves the right, without prior notice, to exclude from participation in the Competition a Competitor who does not meet or violates the conditions of participation or the rules set out in this Statute.
At the same time, the Organizer will exclude the Competitor who violates the law by his/her actions in the Competition (especially if he uses unauthorized technical means or other fraudulent actions), if he/she participates in the Competition on behalf of a third party, if he/she participates in the Competition through professional winning services or similar services, if he/she tries to succeed in the Competition by other fraudulent conduct that is contrary to the rules.
The organizer reserves the right to exclude, without giving a reason, a participant whose behaviour or profile on Facebook or Instagram shows signs of unfair or fraudulent conduct (for example: duplicate accounts on Facebook or Instagram).
The Organizer further reserves the right to exclude a Competitor whose behaviour or Facebook or Instagram profile violates the rules of the social network Facebook. If such a violation is found or if such an account is suspicious, such an account will be reported as fraudulent and the transfer of the prize will be suspended until the opinion of the administrator or the responsible employee of Facebook is expressed.
All employees of the official and the Organizer of the Competition, persons close to them and other cooperating legal and natural persons participating in this Competition, including their employees and persons close to them and their employees, are excluded from the Competition. In the event that one of these persons becomes a Winner, he/she cannot take over a prize that is forfeited in favour of the Competition Organizer.
The decision of the Organizer to exclude or not include the Competitor is final. If the Organizer decides to exclude the Competitor after handing over the Prize for the above reasons, the excluded Competitor is obliged to return the Prize to the Organizer or to pay the Organizer a financial amount in the value of the Prize.
Other conditions of the Competition
The Organizer of the Competition is entitled to unilaterally change the rules of the Competition during its duration without compensation, but also to shorten, postpone, interrupt or completely cancel the Competition.
Participation in the Competition or winnings cannot be legally enforced or alternatively paid in cash.
Any objections to the course of the Competition may be sent to the Organizer in writing to the postal address specified in this Statute within 3 working days from the end of the Competition. Objections submitted later will not be considered.
The Organizer of the Competition is not responsible for any technical problems in connection with participation in the event (especially the functionality of the Facebook and Instagram networks). Furthermore, the Organizer is not responsible for the delivery of the message by which the information about the prize will be sent and for the delivery of the prize sent via the postal service provider.
By replying to a Post on the Organizer’s Facebook, the Competitor grants the Organizer as the operator consent to the processing of personal data in the scope of name, surname and in case of winning also in the scope of correspondence address, e-mail address and telephone contact for the entire duration of the Competition, for the purpose of operating the Competition (for example, realization of the Competition, handing over and taking over the prize) in accordance with Act no. 18/2018 Coll. on the Protection of Personal Data and on the Amendment of Certain Acts (hereinafter referred to as the “Personal Data Protection Act”) and at the same time by Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data “Regulation”).
The Organizer, as the operator, hereby declares that he will use the personal data only for the above-mentioned purposes.
The provision of personal data is voluntary and the Organizer as the operator has no legal right to obtain them. The competitor has the right to information, as well as extract and correct his/her personal data. Consent to the processing of personal data can be revoked at any time at the email address firstname.lastname@example.org
The protection of personal data is governed by the provisions of the Personal Data Protection Act, while the rights of the data subject are regulated in particular in Title II of the Personal Data Protection Act, such as the right to request a confirmation whether or not personal data about the data subject are processed, correction or disposal of incorrect, incomplete or outdated personal data which are the subject of processing, etc.
The personal data provided by the Competitor to the Organizer must be true and in the event of a change, the Competitor is obliged to inform the Organizer immediately of their change.
In the case of providing out-of-date personal data, this personal data will be deleted after fulfilling the purpose and after filing an objection.
The competitor grants consent to the processing of personal data for a definite period of time and has the right to revoke this consent at any time. The Competitor acknowledges that in the absence of consent or its revocation, participation in the Competition is not possible.
By participating in the Competition, each Competitor also confirms that he/she has been informed that Facebook has no obligations towards the Competitor and that no obligations arise from participation in the Competition by Facebook.
The Organizer of the Competition declares that the Competition is not sponsored, supported, administered or otherwise connected with Facebook in any way. Facebook has no relationship with this Competition.
In case of any doubts about the fulfilment of the rules of the Competition, the Organizer will decide on the further procedure, which at the same time reserves the right to change this Statute and/or the conditions of the Competition after its announcement.