Terms and conditions

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: info@boratree.organic

(“seller”).

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
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

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