Legal
These general terms and conditions (hereinafter referred to as "terms and conditions") are issued NEST s.r.o., Záborské 431, 082 53; ID No.: 47 539 887, VAT NUMBER: SK2024065450, the company registered in the Commercial Register of the District Court of Prešov, Section: Sro, Insert No. 33632/P, contact details: email:info@loti.sk, phone :+421904513143 (hereinafter referred to as the "Seller")
I. Basic Provisions
These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his/her business activity as a consumer, or a natural person who concludes a purchase contract within the scope of his/her business activity, or a legal entity (hereinafter: "Buyer") through the web interface located on the website available at the Internet addresswww.loti.sk(hereinafter: "Online Shop").
The provisions of the terms and conditions are an integral part of the contract of sale. Any deviating provision in the contract of sale shall prevail over the provisions of these terms and conditions.
II. Information on goods and prices
Information about the goods, including the price of the individual goods and their main characteristics, is provided for each item in the catalogue of the online shop. The prices of the goods are inclusive of value added tax, unless otherwise stated. The prices of the goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a contract of sale under individually agreed conditions.
All presentation of the goods in the catalogue of the online shop is of an informative nature and the seller is not obliged to conclude a contract of sale with regard to these goods.
Information on the costs associated with the packaging and delivery of the goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop is given for each country separately.
Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the seller and the buyer.
III. Ordering and conclusion of the purchase contract
Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the basic rate.
The buyer orders the goods in the following ways:
via his customer account, if he has previously registered in the online shop
by filling in the order form without registration.
When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the "Complete Order" button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's acknowledgement that he has read these Terms and Conditions.
Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is automatic and shall not be deemed to constitute the conclusion of a contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after the seller has received the order. Notification of receipt of the order is delivered to the buyer's email address.
In the event that any of the requirements stated in the order cannot be fulfilled by the Seller, the Seller will send a modified offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of the acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
All orders accepted by the Seller shall be binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephone to the Seller's telephone number or by electronic message to the Seller's email address, both as set out in these Terms and Conditions.
In the event of an obvious technical error on the part of the Seller in the price of the Goods in the online shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at the price for such quite obviously erroneous price, even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new draft purchase contract and the purchase contract shall be concluded in such case by the confirmation of receipt by the Buyer to the Seller's email address.
IV. Customer account
Upon registration of the Buyer in the online shop, the Buyer may access his customer account. From his customer account, the Buyer can order goods. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account whenever it is changed. The data provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
The buyer is not entitled to allow third parties to use the customer account.
The Seller may cancel the user account, especially in the case when the Buyer does not use his/her user account for a longer period of time or in the case when the Buyer violates his/her obligations under the Purchase Contract and these Terms and Conditions.
The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
V. Payment terms and delivery of goods
The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract in the following ways
by wire transfer to the Seller's bank account
by wire transfer to the Seller's account via the STRIPE or PAYPAL payment gateway.,
by cash on delivery or by credit card upon receipt of the goods,
in cash or by credit card upon personal collection at the shop,
Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price shall also include the cost of delivery of the goods.
In the case of payment in cash, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
The Seller shall not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before dispatch of the goods shall not constitute a deposit.
Pursuant to the Sales Register Act, the Seller is obliged to issue a cash receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online, then within 48 hours at the latest in case of technical failure.
The goods are delivered to the buyer
to the address specified by the buyer in the order
by personal collection at the Seller's premises.
The choice of delivery method is made during the ordering process.
The cost of delivery of the goods depending on the method of dispatch and collection of the goods is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's special request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer shall be obliged to take delivery of the Goods on delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of any damage to the packaging indicating unauthorised intrusion, the Buyer may not accept the shipment from the carrier.
The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address.
The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer was obliged to accept the goods but failed to do so in breach of the contract of sale.
VI. Withdrawal from the contract
A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract without giving any reason.
The withdrawal period is 14 days
from the date of receipt of the goods,
from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts
from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular recurring delivery of goods.
The buyer may not, inter alia, withdraw from the contract of sale:
on the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has notified the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case, and if the service has been fully performed,
the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the will of the seller and which may occur during the withdrawal period,
the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, which may be delivered only after the expiry of thirty days and the price of which depends on market fluctuations independent of the will of the seller,
the delivery of goods which have been customised according to the buyer's wishes, custom-made goods or goods intended specifically for a single buyer,
the delivery of perishable goods and goods which, by their nature, have been irretrievably mixed with other goods after delivery,
the delivery of goods in sealed packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
on the supply of sound recordings, visual recordings, sound-visual recordings, books or computer software, if they are sold in protective packaging and the buyer has unpacked the packaging,
the supply of newspapers, periodicals or magazines, except for sales under a subscription agreement and the sale of books not supplied in protective packaging,
the supply of electronic content other than on a tangible medium, where the supply has been initiated with the express consent of the purchaser and the purchaser has declared that he has been duly informed that he loses the right to withdraw from the contract by expressing that consent,
in other cases referred to in Article 7(6) 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 away from the seller's premises, as amended.
In order to comply with the withdrawal period, the buyer must send the withdrawal declaration within the withdrawal period.
To withdraw from the contract of sale, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal form to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal method due to their nature.
If the Buyer withdraws from the contract, the Seller shall reimburse to the Buyer all monies, including delivery costs, received from the Buyer in the same manner without delay, but at the latest within 14 days of the withdrawal from the contract. The Seller shall only reimburse the Buyer in any other way if the Buyer agrees to this and if no further costs are incurred by the Seller.
If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
If the buyer withdraws from the contract of sale, the seller is not obliged to return the monies received to the buyer before the buyer has handed over the goods to the seller or proved that he has dispatched the goods to the seller.
The goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
The Seller shall be entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall refund all monies, including delivery costs, received from the Buyer under the contract in the same manner, or in the manner specified by the Buyer, as the case may be, within 14 days of the notice of cancellation of the contract of sale.
VII. Rights arising from defective performance
The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the seller shall be liable to the buyer for the fact that at the time the buyer took delivery of the goods
the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the seller's advertising,
the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
the goods correspond to the quality or workmanship of the agreed sample or specimen if the quality or workmanship was determined by the agreed sample or specimen,
the goods are in the appropriate quantity or weight; and
the goods comply with the requirements of the legislation.
The consumer shall be entitled to exercise rights in respect of a defect which occurs in consumer goods within a period of twenty-four months from receipt. This provision shall not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear caused by normal use, to second-hand goods because of a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or where this is apparent from the nature of the goods.
In the event of a defect, the Buyer may submit a claim to the Seller and demand:
if it is a defect that can be remedied:
free of charge removal of the defect in the goods,
replacement of the goods with new goods,
if it is a defect that cannot be remedied:
a reasonable discount on the purchase price,
withdrawal from the contract.
The buyer has the right to withdraw from the contract,
if the goods have a defect which cannot be remedied and which prevents the goods from being properly used as free from defect,
if the goods cannot be properly used because of the recurrence of the defect or defects after repair,
if he cannot properly use the goods because of a greater number of defects in the goods.
The Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also in the registered office or place of business. The consumer may also lodge a complaint with a person designated by the seller. If the consumer's complaint is handled by a person designated by the seller, the latter may only handle the complaint by handing over the repaired goods, otherwise the complaint shall be forwarded to the seller for handling. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
If the consumer submits a complaint, the seller or an employee or designated person authorised by the seller is obliged to inform the consumer of his rights arising from the defective performance. On the basis of the consumer's decision which of his rights arising from the defective performance he claims, the Seller or his authorised employee or designated person is obliged to determine the manner of handling the claim immediately, in complex cases no later than within three working days from the date of the claim, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than within 30 days from the date of the claim. Once the method of handling the complaint has been determined, the complaint, including the rectification of the defect, must be handled immediately, although in justified cases the complaint may be handled later. However, the processing of the complaint, including the removal of the defect, may not take longer than 30 days from the date of the complaint. The expiry of this time limit shall be deemed to be a material breach of contract and the buyer shall have the right to withdraw from the contract of sale or have the right to exchange the goods for new goods. The moment when the Buyer's expression of intent (exercise of the right of defective performance) to the Seller is deemed to be the moment when the claim is made.
The Seller shall inform the Buyer in writing of the outcome of the claim within 30 days of the date of the claim.
The right of defective performance shall not belong to the buyer if the buyer knew before taking over the item that the item has a defect or if the buyer himself caused the defect.
In the case of a justified claim, the buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
The Buyer shall have the choice of the method of claim and its handling if there are several options.
The rights and obligations of the contracting parties regarding the consumer's rights from defective performance are governed by Sections 499 to 510, 596 to 600 and 619 to 627 of Act No. 40/1964 Coll. of the Civil Code as amended and Act No. 250/2007 Coll. on Consumer Protection as amended and Act No. 102/2014 Coll. on Consumer Protection as amended. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises, as amended.
Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's Complaints Regulations.
In the case of orders where a person acting within the scope of his/her business activity acts on the buyer's side, the rights and obligations of the parties regarding the rights from defective performance shall be governed by §422 to §428, §436 to §441 of Act No. 513/1991 Coll. of the Commercial Code.
VIII. Delivery
The Parties may deliver all written correspondence to each other by electronic mail.
The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
IX. Out-of-court dispute resolution
The Consumer has the right to apply to the Seller for redress if he is dissatisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. The consumer has the right to file a petition for alternative (out-of-court) dispute resolution with an alternative dispute resolution body if the seller has responded to the request under the preceding sentence in a negative manner or has not responded to it within 30 days from the date of its dispatch. This shall be without prejudice to the consumer's right to apply to the courts.
The Slovak Trade Inspection Authority, with its registered office at Prievozská 32, 827 99 Bratislava, ID No.: 17 331 927, which may be contacted for the above purpose at the address of the Slovak Trade Inspection Authority, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically atars@soi.sk or adr.@soi.sk, shall be competent for the out-of-court settlement of consumer disputes arising out of the purchase contract. Internet address:https://www.soi.sk/. The online dispute resolution platform located athttp://ec.europa.eu/consumers/odrcan be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
The European Consumer Centre Slovakia, with registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address:http://esc-sr.sk/is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Regulation on online dispute resolution for consumer disputes).
The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent District Office of the Trade Licensing Department. The Slovak Trade Inspection Authority supervises compliance with Act No 250/2007 Coll. on consumer protection, as amended.
X. Final provisions
All arrangements between the Seller and the Buyer shall be governed by the law of the Slovak Republic. If the relationship established by the contract of sale contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Act No. 250/2007 Coll. on consumer protection as amended.
All rights to the Seller's website, in particular the copyrights to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the permission of the Seller.
The Seller shall not be liable for errors resulting from third party intervention in the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the Online Shop that could adversely affect its operation and shall not take any action that could enable him or third parties to tamper with or make unauthorised use of the software or other components forming the Online Shop or use the Online Shop or any part thereof or the software in a manner that would be contrary to its intended use or purpose.
The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
The terms and conditions may be amended or supplemented by the Seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
A sample withdrawal form is attached to the terms and conditions.
Prešov, November 2024
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1. Information about loti.sk
1.1 This privacy policy made by NEST s.r.o., Záborské 431, 082 53; ID No.: 47 539 887, VAT No.: 2024065450, VAT No.: SK2024065450, company registered in the Commercial Register of the District Court of Prešov, Section: Sro, Insert No. 33632/P (hereinafter referred to as "Loti") regulates the principles of processing of personal data of visitors of the website www.loti.sk (hereinafter referred to as the "Website"), in particular its registered users (hereinafter referred to as the "User") and customers of Loti who place an order through the Website (hereinafter referred to as the "Customer").
1.2 Loti acts as a controller when processing personal data and thus determines for which purpose and by what means the processing of personal data will take place.
2. What data do we process?
2.1 Data provided by customers. At Loti, we process personal data about users and customers. The primary personal data processed is the personal data that you yourself provide to us when you register on Loti or when you create your order.
2.2 This data includes in particular the e-mail address and, in the case of customers, the first and last name, address, telephone number, payment, login and identification data, information about the goods or services ordered, the contract and the performance of the contract. If you wish, you can also provide other data, such as your employment address or date of birth, or a note about possible delivery times.
2.3 Data collected through cookies. To better target advertising campaigns and improve our product and service offerings, Loti uses information about the goods that our customers have purchased. If you have enabled the storage of cookies in your browser and agree to their use, Loti obtains data about your visit to the website, the products viewed and other activity on the website.
2.4 Loti does not collect or otherwise process any sensitive personal data including, for example, data about your health, religion or beliefs, etc.
3. For what purposes do we process the data?
3.1 We use your name and surname and contact details to process your order, i.e. to fulfil the contract between Loti and the customer. Data processing in this case includes all activities from the registration of the order, its processing, including payment and delivery of the ordered goods. The processing in this case takes place on the basis of the need to perform the contract and also the need to comply with legal obligations. If the data is not provided, Loti cannot process your order.
3.2 Loti primarily uses e-mail addresses for the offer of our products and promotion. In this case, the processing is only carried out on the basis of your consent to the processing of your personal data and the sending of commercial communications, which is entirely voluntary, and even if you do not give your consent, you can continue to make full use of our website/application. You give your consent to filamentree via the subscription form on filamentree. You may withdraw your consent at any time by clicking on the relevant link located in each commercial communication.
3.3 In order to simplify and speed up the ordering process at Loti, we use your data that you have filled in as part of the registration on Loti in your user profile or in a previous order. This data is used to simplify future purchases by pre-filling the order form. In this case, we process your personal, identification, contact, login and address data for the purpose of the need to perform the contract or the need to carry out the measures taken prior to the conclusion of the contract in the context of the management of your user account. The provision of this personal data in the user profile for the purpose of pre-filling the order form on your part is entirely voluntary and does not affect the completion of your order. You can delete or modify the data in the user profile or the registration itself at any time, see point 4. of this document.
3.4 For better targeting of advertising and promotions, Loti processes data about website visits, products viewed and other activity on the website when using cookies. The processing is only possible on the basis of your consent to the use of the respective cookies. This consent is also completely voluntary. As a rule, Loti obtains statistics, analyses and reports on the behaviour of website users on the basis of the data provided. On the basis of these, it is then possible to better target advertising or to tailor the content of the website to what you are actually interested in and what you are looking for, or to what is of interest to a larger group of users in general. In this case, the processing of personal data is generally automated. More information about cookies can be found below.
3.5 To provide customer support, we use your name and email details, which you fill in before starting a chat with a Loti employee in the relevant chat window on the website. By filling in the data, you consent to the processing of said data. We do not make any further use of your name and e-mail address on the basis of the initiation of the chat only.
4. Withdrawal of consent and cancellation of commercial communications
4.1 Business Communications. Loti users and customers may unsubscribe from receiving commercial communications at any time, by:
by clicking on the appropriate link located in the footer of each commercial communication; or
in the user account settings;
object to Loti's processing of personal data by emailinginfo@loti.skor through the other contacts listed in this Policy.
4.2 Cookies. If you want to disable the storage of cookies on your device, you can change the settings directly in your browser. If you disable Loti from storing cookies, some parts of the website may not work properly. For more information about disabling and deleting cookies, please see below.
5. Who has access to the data?
5.1 In the first instance, personal data is processed by Loti and staff. All persons who have access to personal data are under an obligation of confidentiality, and this obligation continues after their cooperation with Loti has ended.
5.2 Loti, as the controller, also entrusts other entities with the processing of personal data as so-called processors. A processor is any entity that processes personal data for Loti for the purposes and in the manner specified by Loti. Where your consent is required for processing, we only transfer data to processors if you have given your consent. We only transfer to processors the data that is strictly necessary for them to provide their services. The processors used by Loti include:
Direct Parcel Distribution SK, s. r. o.
Google LLC (online marketing tools)
Meta (online marketing tools)
Pinterest, Inc.
Stripe (payment gateway)
PayPal
Odoo (e-commerce platform)
6. How long do we process data?
6.1 Loti processes personal data for the purposes of contract performance throughout the processing of the order, including payment and delivery of the goods. By law, Loti subsequently retains some data contained in accounting documents.
6.2 Commercial communications are sent to users for as long as the consent to receive them lasts. In the case of customers, commercial communications are sent until unsubscription or until an objection is raised against the processing of your data for this purpose. However, the longest period for which commercial communications are sent is 10 years. After that, Loti will ask for a new consent.
6.3 The data collected for marketing purposes via cookies is processed by Loti for the entire duration of the consent to the use of cookies, i.e. for as long as you allow the storage of cookies in your browser or until you object to the processing of your data for this purpose.
6.4 Further processing of personal data beyond the above-mentioned time limits shall only be carried out by Loti if this is necessary to comply with the legal obligations to which Loti is subject.
7. What are your rights?
7.1 In connection with the processing of personal data, you may contact Loti and request:
Information regarding the personal data processed by filamentree, the purpose and nature of the processing of the personal data, including information about the possible recipients of the personal data outside filamentree. General information about the personal data processing activities is contained in this policy.
Access to the data you have provided to Loti, whether in the course of registering or creating an order. If you exercise this right, Loti will confirm to you whether and what specific personal data is being processed and, where applicable, this data will be made available to you, together with information about its processing.
Correction of personal data if it is in any way inaccurate or incomplete. Only in the case of up-to-date data can Loti process your order correctly.
Explanation and rectification of the non-compliant situation (e.g. blocking, correction, completion or destruction of personal data) if you believe that filamentree is processing personal data in violation of the protection of your personal and private life or in violation of the law.
Erasure of personal data (the so-called right to be forgotten) or limited processing of personal data if it is no longer necessary for the stated purposes or if Loti no longer has a legitimate reason to process the personal data, including if you do not consent to its further processing. Loti will delete your data in whole or in part if the above conditions are met.
Transfer of automated processed personal data obtained on the basis of your consent from Loti to another entity, where Loti will transfer your personal data in a commonly used format to you or to another controller according to your wishes.
7.2 Furthermore, Loti customers may object to the processing of personal data in the case of sending commercial communications or evaluating shopping preferences, on the basis of which Loti will immediately cease processing personal data for these purposes.
7.3 In addition to the aforementioned rights, you always have the possibility to contact the Data Protection Authority in the event of a breach of Loti's obligations with a complaint.
8. Security
8.1 Loti takes care of the security of your data. The handling of personal data is carried out in full compliance with applicable law, including the General Data Protection Regulation (GDPR). When processing personal data, Loti places great emphasis on the technical and organisational security of the data processed.
8.2 All personal data in electronic form is stored in databases and systems that can only be accessed by persons who have an immediate need to handle the personal data for the purposes set out in this policy, and only to the extent necessary. Access to this personal data is password and firewall protected. The security of personal data is regularly tested by Loti and we continuously improve the protection.
9. Contact
9.1 You can contact Loti by email atinfo@loti.skwith any comments regarding the processing of personal data or to exercise your rights.
Prešov, November 2024
If you purchased the goods as a consumer, you have the option to return the goods
you can return goods that do not suit you, are undamaged and do not show signs of wear and tear to us within 14 days of delivery
you can return the goods (withdraw from the contract) by using the WITHDRAWAL FORM.
we will refund your money as soon as possible after receipt of the shipment by us, but no later than 14 days. We will inform you by e-mail about the processing of your request
in case of payment by card, the funds will be refunded to the card used for the purchase
unsatisfactory goods can be brought to our showroom at Jilemnického 3, Prešov in person, together with a printed and signed FORM, invoice or any other written expression of withdrawal from the contract
if you have any questions regarding the planned or already implemented return of goods, please do not hesitate to contact us
Returns Procedure
You will fill out the printed Return Form.
Mark the products you wish to return and indicate the reason for the return.
Enter your bank account number (if you have opted for cash on delivery and therefore paid when you collected the goods)
Place the printed FORM in the package with the unwanted goods, pack the goods properly to avoid damage in transit and send the package to the following address
NEST s.r.o.
loti.sk
Jilemnického 3
080 01 Prešov
Slovakia
Shipping costs are borne by the buyer.
Please send the shipment with the goods, the completed FORM and the invoice as a registered letter or parcel directly to the address indicated. The post office allows you to send parcels in two ways - to the address or to the post office. To have your parcel delivered directly to us, send it directly to the address.
Do not send the parcel COD - it is not possible to accept such a parcel.
Do not send the parcel to an address other than the one indicated - the parcel will not be accepted.
1. Introductory provisions
1.1.The company NEST s.r.o. (hereinafter referred to as "Loti" or "Seller") by this Complaints Procedure in accordance with § 18 (1) of Act No. 250/2007 Coll. on Consumer Protection and on amendment of Act No. 372/1990 Coll. on offences as amended (hereinafter referred to as "Consumer Protection Act") duly informs the consumer (§ 2 (2) (b) of the Consumer Protection Act) of the following provisions. (a) of the Consumer Protection Act; hereinafter also referred to as "customer" or "purchaser") on the conditions and method of exercising the rights under liability for defects (hereinafter also referred to as "claim"), including information on where the claim may be filed and on the performance of warranty repairs.
1.2 These Complaints Regulations are issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the Consumer Protection Act, Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as well as other generally binding legal regulations of the Slovak Republic.
1.3 In accordance with Section 18(1) of the Consumer Protection Act, these Complaints Regulations are published on the websitewww.loti.sk. By concluding a purchase contract through the Seller's e-shop, this Complaints Procedure becomes part of the contractual documentation between the Customer and the Seller. In the event of a conflict between the Loti Terms and Conditions and these Complaints Regulations, the Complaints Regulations shall prevail in the event of a complaint.
1.4 These Complaints Regulations do not apply to the legal relationship established by the purchase of goods from the Seller in the event that the Buyer (Customer) is an entrepreneur (Section 2, Paragraph 2 of Act No. 513/1991 Coll., the Commercial Code, as amended; hereinafter referred to as the "Commercial Code"). Such a legal relationship between Loti and the buyer - entrepreneur, the subject of which is the purchase of goods (services) from the seller, is governed by the relevant provisions of the Commercial Code (in particular § 429 or § 409 et seq. of the Commercial Code). Unless the manufacturer's warranty card of the product in question states otherwise in a specific case, the warranty period (guarantee for the quality of the goods) is 12 months from the purchase of the goods by the buyer-entrepreneur.
2. Liability for defects in the goods sold
2.1 Loti shall be liable for defects in the goods sold upon receipt by the purchaser (§ 619 paragraph 1 of the Civil Code) and for defects that occur after receipt of the goods within the warranty period (§ 619 paragraph 2 of the Civil Code). The warranty period is 24 months (§ 620 of the Civil Code).
2.2 For items sold at a lower price due to a defect, the warranty period is 24 months, but Loti is not liable for the defect for which the lower price was agreed (§ 619 paragraph 1 of the Civil Code).
2.3 For used items (e.g. demonstration model), Loti is not liable for defects caused by use or wear and tear. In this case, the warranty period is 12 months (Sections 619 (1) and 620 (2) of the Civil Code).
2.4 By a statement in the warranty certificate issued to the purchaser or in the advertisement, Loti may provide a warranty exceeding the scope of the warranty provided for by law, with the terms and scope of this warranty being specified in the warranty certificate (§ 620 paragraph 5 of the Civil Code).
2.5 Warranty periods shall commence from the date of acceptance of the goods by the purchaser. If the purchased goods are to be commissioned by a business other than the Seller, the warranty period shall commence only from the date of commissioning, provided that the Buyer has ordered the commissioning no later than 3 weeks from the receipt of the goods and has duly and timely provided the necessary cooperation for the performance of the service (§ 621 of the Civil Code).
2.6 The period from the exercise of the right of liability for defects until the time when the buyer was obliged to take over the item after the repair was completed is not included in the warranty period. If the goods are replaced, the warranty period starts again from the receipt of the new goods (§ 627 of the Civil Code).
2.7 Liability rights for defects in the goods for which the warranty period applies shall lapse if they have not been exercised within the warranty period (§ 626 para. 1 of the Civil Code).
2.8 If Loti, when purchasing goods, offers the customer additional goods free of charge as a gift in addition to the goods sold, it is up to the customer whether to accept the offered gift. However, the gift is not the goods sold, therefore Loti is not liable for any defects. However, if Loti is aware of any defects in the gift, it is obliged to draw the customer's attention to them when offering the gift (§ 629 of the Civil Code). If the gift has defects that Loti has not warned the customer about, the customer is entitled to return it (§ 629 of the Civil Code). If the customer has the right to withdraw from the contract of sale (refund), the customer is obliged to return to Loti everything he has received under the contract and also what he has received from the gift contract as a dependent contract from the contract of sale, i.e. also the goods received as a gift (§ 457 of the Civil Code in conjunction with § 48 para. 2 and § 52a para. 2, second sentence, of the Civil Code).
3. Exercise of rights under liability for defects (claims)
3.1 The Buyer claims the right to repair by sending an e-mail toinfo@loti.skwith the subject line "Complaint" (§ 18 para. 2 of the Consumer Protection Act). If the warranty card indicates another business designated for repair (hereinafter referred to as "warranty service"), which is in the Seller's location or in a location closer to the Buyer, the Buyer shall exercise the right to repair in this warranty service (§ 625 of the Civil Code). The Buyer can find the addresses and telephone contacts of the warranty service centres in the warranty card.
3.2.The Seller or his authorized employee or warranty service is obliged to determine the method of handling the complaint and to handle the complaint within a period that may not be longer than 30 days from the date of filing the complaint (§ 18 (4) of the Consumer Protection Act). In the case of a claim made within 12 months of the purchase of the product, the seller may only reject the claim on the basis of a professional assessment. If the Seller rejects a claim made after 12 months from the purchase of the product, the Seller is obliged to inform the Buyer about to whom the product can be sent for a professional assessment in accordance with the Consumer Protection Act. For the purposes of handling complaints, professional assessment includes, inter alia, the opinion of an authorised person or a person authorised by the manufacturer to carry out warranty repairs (Section 2(n) of the Consumer Protection Act).
3.3 The Seller is obliged to issue a confirmation to the Customer when a claim is made (Section 18(8) of the Consumer Protection Act). This confirmation is the confirmation of the claim delivered to the consumer without undue delay by e-mail.
3.4 The Seller is obliged to issue a written proof of the complaint within 30 days from the date of the complaint (§ 18 par. 9 of the Consumer Protection Act). This written proof is a copy of the complaint report with a filled-in box of complaint settlement or a letter containing a written notification of complaint settlement. As an additional notification to the written document, the Seller may send the Customer information on the complaint settlement with a written confirmation of its dispatch by e-mail.
3.5 If the Buyer is obliged to take over the claimed goods from the Seller irrespective of the method of handling the claim or the Seller invites the Buyer to take over the goods in accordance with the provisions of the Complaints Regulations or applicable law, the Buyer shall take over the goods from the Seller at the appropriate place without undue delay, but no later than within 30 days.
3.6 In the event that the Buyer fails to take delivery of the goods within the period specified in the preceding clause, the Seller shall be entitled to charge the Buyer a flat-rate compensation for the costs incurred for the storage of the goods in the amount of EUR 0.50 for each, even commenced, day of storage.
4. General conditions of complaint
When exercising the rights of liability for defects in Loti, the customer is obliged to:
(a) present a proof of purchase or prove in any other way that the goods were purchased throughLoti.sk,
b) ensure that the goods meet all other conditions for a warranty claim as stated in the warranty card (physically undamaged, undamaged by natural events, seals intact, etc.),
c) produce the original warranty certificate in the event that the customer claims a right arising from a warranty exceeding the scope of the warranty provided for by law,
d) properly describe the defects of the goods and complete the photographic documentation if necessary,
f) provide assistance in the completion of the complaint report by an authorised Loti employee and agree with its contents by signing it.
5. Method of complaint handling
5.1 If the defect is one that can be remedied, the buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller decides on the method of removal of the defect and is obliged to remove the defect without undue delay, either personally or through an authorised person (§ 622 (1) of the Civil Code).
5.2 The Buyer may, instead of removing the defect, require the replacement of the goods or, if the defect concerns only a part of the goods, the replacement of this part, if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the severity of the defect (§ 622 paragraph 2 of the Civil Code).
5.3 The Seller may always replace the defective goods with defect-free goods instead of removing the defect, if this does not cause serious inconvenience to the Buyer (Section 622(3) of the Civil Code).
5.4 If there is a defect which cannot be removed and which prevents the goods from being properly used as goods without defect, the buyer has the right to exchange the goods or the right to withdraw from the contract of sale (return of money and goods) (§ 623 (1) of the Civil Code).
5.5 The buyer has the right to exchange the goods or the right to withdraw from the contract (refund) even if the defect is remediable, but if the buyer cannot use the goods properly due to the reappearance of the defect after the repair (§ 623 para. 1 of the Civil Code). The reappearance of a defect after repair is considered to be the case if the same defect occurs for the third time after at least two previous repairs.
5.6 The buyer has the right to exchange the goods or the right to withdraw from the contract (refund) even if the defects are remediable, but if the buyer cannot use the goods properly due to a large number of defects (§ 623 paragraph 1 of the Civil Code). At least three different remediable defects, each of which prevents proper use, are considered to be multiple defects at the same time.
5.7 If the seller fails to settle the complaint within 30 days, the buyer has the same rights as if it were an irremediable defect (§ 18 para. 4 of the Consumer Protection Act), i.e. the right to exchange the goods or refund the money (withdrawal from the contract).
5.8 If the defect is irremediable but does not prevent the proper use of the goods, the buyer is entitled to a reasonable discount on the price of the product (§ 623 para. 2 of the Civil Code).
5.9 If the buyer has the right to exchange the goods or the right to withdraw from the contract (refund), it is up to the buyer which of these rights he exercises. However, as soon as he chooses one of these rights, he can no longer unilaterally change this choice himself, and at the same time these rights are not cumulative, but have an alternative character.
5.10 If gifts are provided with the goods (including goods supplied at a nominal value if their delivery is presented to the customer as a gift with the goods, which the customer may return within 14 days without giving a reason), the customer is obliged to return the related gifts provided together with the returned goods. In the event that these gifts are not returned with the returned goods, these gifts at their market value will be treated as unjust enrichment of the customer.
6. Alternative dispute resolution
If the Seller responds to the Customer's request under the preceding sentence in a negative manner or fails to respond to such request within 30 days from the date of its dispatch by the Customer, the Customer shall have the right to file a proposal for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No.391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended.
The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection or another competent authorised 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 athttp://www.mhsr.sk/);the customer has the right to choose which of the above-mentioned alternative dispute resolution entities to turn to, while the possibility of turning to court is not affected by this.
Prešov, November 2024