Terms of Use | Complaints Policy

General Terms and Conditions (GTC)

The operator of the online shop (hereinafter referred to as “e-shop” or “online shop”) located on the Internet domain www.nosene.sk (hereinafter referred to as “Internet domain”) is:

NOSENE, p. r. o.

Headquarters: Stromová 54, 831 01 Bratislava – Nové Mesto

Entry: in the Commercial Register of the District Court Bratislava 1, Section: Sro, Entry No.: 111075/B

ICKO: 50 291 203

DIC: 2120277896

VAT NUMBER: SK2120277896

tel: +421 918 562 327

E-mail: ahoj@nosene.sk

supervisory authorities: Slovak Trade Inspection Authority, Prievozská 32, 820 07 Bratislava

(hereinafter referred to as “NOSENE”)

1. INTRODUCTORY PROVISIONS

The Seller is the company NOSENE, which in the conclusion and performance of the purchase contract acts within the scope of its business activities in its own name, on its own account and which sells the General Terms and Conditions (GTC) through the online store.

The operator of the online shop (hereinafter referred to as “e-shop” or “online shop”) located on the Internet domain www.nosene.sk (hereinafter referred to as “Internet domain”) is:

NOSENE, p. r. o.

Headquarters: Stromová 54, 831 01 Bratislava – Nové Mesto

Entry: in the Commercial Register of the District Court Bratislava 1, Section: Sro, Entry No.: 111075/B

ICKO: 50 291 203

DIC: 2120277896

VAT NUMBER: SK2120277896

tel: +421 918 562 327

E-mail: ahoj@nosene.sk

supervisory authorities: Slovak Trade Inspection Authority, Prievozská 32, 820 07 Bratislava

(hereinafter referred to as “NOSENE”)

1. INTRODUCTORY PROVISIONS
   • The Seller is the company NOSENE, which acts in its own name and on its own account in the conclusion and performance of the Purchase Contract within the scope of its business activities and which sells goods and services through the online store.
   • A customer is a natural person or a legal entity that purchases goods through an online shop.
   • Goods means goods or services, including tickets for courses and events, which can be purchased from the Online Shop.
     
2. ORDERING THE GOODS AND CONCLUDING THE PURCHASE CONTRACT
   • The customer can order the goods from the seller through the e-shop operated on the internet domain.
   • The customer completes the order by pressing the “Order with payment” button. Prior to dispatch, the customer is provided with a link to these GTC, and when placing an order, the customer confirms his/her familiarity with and acceptance of these GTC.
   • By submitting the order, the customer confirms that he/she has had the opportunity to learn about:
     • the characteristics of the goods;
     • the total price he is obliged to pay to the Seller.
       
3. order confirmation with information about the ordered goods (the confirmation includes the order number, the name and specification of the goods, the price of the goods and the cost of delivery (postage), the method of payment, the estimated delivery time of the goods, information about the place where the goods are to be delivered, information about the seller, or other information ;
   
4. a link to the form for exercising the customer’s right of withdrawal;
   
5. the text of the GTC, which is valid and effective at the time of the creation of the order by the customer;
   
6. a reference to the Seller’s Complaints Procedure.
   • Upon receipt of the order confirmation email, the purchase contract is deemed to be concluded.
   • The Seller undertakes to deliver the correct type and quantity of goods at the agreed price as per the order and the Customer undertakes to pay the agreed price.
     
7. PRICES
   • The seller is a VAT payer.
   • All prices of goods in the order and in the e-shop are inclusive of VAT at the rate set by the applicable law. However, the price does not include the delivery price.
   • Sale prices are valid until the date stated in the e-shop or while stocks last. Any additional discounts that are provided over and above the discounts indicated for individual products in the online shop, individual discounts for the customer or other discounts are not combinable with each other.
     
8. PAYMENTS
   • The customer can pay for the goods as follows:
     • by a transfer order via a payment gateway from your account to the Seller’s account based on the invoice issued,
     • in cash or by credit card when collecting the goods in person at the Seller’s premises,

The seller does not charge a fee for payment of the price. The Seller informs the Customer that the entity with which the price is paid may charge a fee for the payment (bank transfer fees, etc.).

Payment is understood as the moment of crediting the price to the Seller’s bank account or the moment of confirmation by the payment intermediary of its realization or the moment of receipt of payment in cash in the shop.

• Payment is only possible in EUR.

1. DELIVERY CONDITIONS
   • The goods will be ready for collection immediately after notification by e-mail, usually within 24 hours, or within the time specified in the information e-mail.
     
2. DELIVERY OF GOODS
   • The customer can collect the goods as follows:
     • in person at the Seller’s premises at Obchodná 48, 811 06 Bratislava;
     • via UPS courier company (delivery to the specified address, fee within the Slovak Republic in the amount of 3,50€, in the case of sending to the Czech Republic in the amount of 6,50€ )
       
3. THE CUSTOMER’S RIGHT TO WITHDRAW FROM THE CONTRACT
   • In accordance with the law, the customer is entitled to withdraw from the contract of sale within 14 working days from the date without giving any reason:
     • the conclusion of a contract, in the case of a contract for services or a contract for the provision of electronic content not delivered on a tangible medium;
     • when the customer or a third party designated by the customer, other than the carrier, takes delivery of the goods, in the case of a contract for the sale of goods;
     • when the customer or a third party designated by the customer, other than the carrier, takes delivery of the goods that were delivered last, if the goods ordered in one order are delivered separately;
     • when the customer or a third party designated by the customer, other than the carrier, takes delivery of the last part or piece if the goods are delivered in multiple parts or pieces;
     • when the customer or a third party designated by the customer, other than the carrier, takes delivery of the first goods delivered if the goods are delivered repeatedly over a specified period.

• If the customer has requested the commencement of the provision of services during the withdrawal period, the customer shall be obliged to pay the seller the price for the services actually provided by the date on which the customer has notified the seller of the decision to withdraw from the contract.

• The following items are excluded from the possibility of withdrawal from the contract upon delivery of goods or provision of services:
  • the provision of the service, if the provision of the service has been commenced with the express consent of the customer and a declaration that he has been duly informed that by giving such consent he loses the right to withdraw from the contract after the service has been fully provided, and at the same time he has received confirmation of the provision of such consent, and if the service has been fully provided;
  • the sale of goods made to the customer’s specific requirements, custom-made goods or goods designed specifically for a single customer;
  • the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery;
  • the provision of services related to leisure activities and under which the seller undertakes to provide those services at an agreed time or within an agreed period of time (this includes in particular tickets for a course, event or other activity).

• DATA PROTECTION
  • All personal data provided by the customer in the context of an order for goods is necessary for the processing of the order, the valid conclusion of a purchase contract between the seller and the customer and the fulfilment of all obligations arising from the contract between the seller and the customer. The provision of personal data occurs when the customer sends an order or registers the customer’s data on the seller’s website – nosene.sk or through a profile on the social network Facebook(www.facebook.com/NoseneSecondhand), within the scope of the data provided in the order form or registration form.

In the case of registration, this data is stored in a protected database on the server so that it does not have to be re-entered each time the customer visits. This data is processed by the seller only for the purpose of order processing. The customer can change their data and other settings at any time or. update your account on the www.nosene.sk website. If the customer wishes to cancel their registration, they can do so by email. The customer’s account will thus be deactivated and the data deleted within 10 days of receipt of the revocation of consent.

• At any time after logging in to www.nosene.sk, the customer can check and, if necessary, change his/her personal data through his/her account on the website www.nosene.sk.

The Seller shall not disclose, make available or provide the Customer’s personal data to any other entities, except for entities with which cooperation is necessary for order processing. These are mainly banks (name and surname), delivery services (delivery address) and Slovenská pošta, a.s. (delivery address). However, these data are always provided on a one-off basis for the processing of a specific order and the fulfilment of the seller’s obligation under the purchase contract. The Seller shall carefully secure the database of personal data against damage, destruction, loss and misuse.

• Period of collection and processing of personal data coincides with the duration of the customer’s registration on the online shop. For the purposes of invoicing, registration and recovery and assignment of receivables for the service provided, for the purposes of processing the participant’s submissions, for the exercise of rights or for the fulfilment of other obligations imposed by generally binding legal regulations, the Seller is entitled to keep a record of personal data even after the termination of the purchase contract.
• The customer may exercise all his rights of the data subject with the seller in writing in accordance with the relevant provisions of Act no. 122/2013 Z. z. on the protection of personal data and on amendment and supplementation of certain laws, as amended. The customer also has the right to file a petition for initiation of a personal data protection procedure with the Office for Personal Data Protection of the Slovak Republic, located at Hraničná 12, 820 07 Bratislava.

1. OTHER PROVISIONS
   • Any disputes between the Seller and the Customer may also be settled out of court. The subject of out-of-court dispute resolution is “Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27” or. another competent authorised person registered in the list of alternative dispute resolution entities (the list is available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show).
   • The complaints procedure is governed by the Seller’s complaints procedure. The text of the Complaints Procedure is located in the e-shop link.
   • These general terms and conditions are governed by the laws in force in the Slovak Republic.
   • The legal relations established by the Purchase Contract shall be governed by the provisions of the Purchase Contract (i.e. the binding order and order confirmation or individually agreed terms and conditions), the provisions of these General Terms and Conditions and the relevant legal regulations. The provisions of the contract of sale take precedence over the provisions of these general terms and conditions and the dispositive provisions of generally binding legislation.
   • The Customer declares that he/she has read these GTC and undertakes to comply with them.
   • The Seller reserves the right to change these GTC. The GTC or its changes are valid and effective from their publication on the Seller’s website. Legal relations arising from the purchase contract are always governed by the general terms and conditions in force at the time of the binding order of goods.
   • These GTC come into force and effect on 1.9.2019

1. goods and services.
2. A customer is a natural person or a legal entity that purchases goods through an online shop.
3. Goods means goods or services, including tickets for courses and events, which can be purchased from the Online Shop.
4. ORDERING THE GOODS AND CONCLUDING THE PURCHASE CONTRACT
   • The customer can order the goods from the seller through the e-shop operated on the internet domain.
   • The customer completes the order by pressing the “Order with payment” button. Prior to dispatch, the customer is provided with a link to these GTC, and when placing an order, the customer confirms his/her familiarity with and acceptance of these GTC.
   • By submitting the order, the customer confirms that he/she has had the opportunity to learn about:
     • the characteristics of the goods;
     • the total price he is obliged to pay to the Seller.
5. order confirmation with information about the ordered goods (the confirmation includes the order number, the name and specification of the goods, the price of the goods and the cost of delivery (postage), the method of payment, the estimated delivery time of the goods, information about the place where the goods are to be delivered, information about the seller, or other information ;
6. a link to the form for exercising the customer’s right of withdrawal;
7. the text of the GTC, which is valid and effective at the time of the creation of the order by the customer;
8. a reference to the Seller’s Complaints Procedure.
   • Upon receipt of the order confirmation email, the purchase contract is deemed to be concluded.
   • The Seller undertakes to deliver the correct type and quantity of goods at the agreed price as per the order and the Customer undertakes to pay the agreed price.
9. PRICES
   • The seller is a VAT payer.
   • All prices of goods in the order and in the e-shop are inclusive of VAT at the rate set by the applicable law. However, the price does not include the delivery price.
   • Sale prices are valid until the date stated in the e-shop or while stocks last. Any additional discounts that are provided over and above the discounts indicated for individual products in the online shop, individual discounts for the customer or other discounts are not combinable with each other.
10. PAYMENTS
    • The customer can pay for the goods as follows:
11. by transfer order from your account to the Seller’s account on the basis of the invoice,
12. in cash or by credit card when collecting the goods in person at the Seller’s premises,

The seller does not charge a fee for payment of the price. The Seller informs the Customer that the entity with which the price is paid may charge a fee for the payment (bank transfer fees, etc.).

Payment is understood as the moment of crediting the price to the Seller’s bank account or the moment of confirmation by the payment intermediary of its realization or the moment of receipt of payment in cash in the shop.

• Payment is only possible in EUR.

1. DELIVERY CONDITIONS
   • The goods will be ready for collection immediately after notification by e-mail, usually within 24 hours, or within the time specified in the information e-mail.

• DELIVERY OF GOODS
  • The customer can collect the goods as follows:

1. in person at the Seller’s premises at Obchodná 48, 811 06 Bratislava;
2. via UPS courier company (delivery to the specified address, fee within the Slovak Republic in the amount of 3,50€, in the case of sending to the Czech Republic in the amount of 6,50€ )
3. via Slovak Post – cash on delivery, (postage 3,50€)
   • The customer is obliged to collect the goods at the agreed place and time in person or arrange for their collection. The customer confirms receipt of the goods in writing in the delivery note, which is also proof of payment for goods in the case of payment on delivery. Together with the goods, the customer receives a bill of sale, which also serves as a warranty certificate.
   • The obligation to deliver the goods shall also be deemed fulfilled if the customer fails to take delivery of the goods at the agreed time and place, or. refuses to accept the goods. If the customer does not take delivery of the goods and the goods are returned, the seller has the right to withdraw from the purchase contract and to claim compensation from the customer for the costs associated with the return of the goods (postage costs associated with the return shipment of goods). Re-delivery is only possible by mutual agreement.
   • The Seller shall not be liable for late delivery of goods caused by the carrier (Slovak Post, courier) or incorrect address of the recipient. The customer acquires ownership of the goods upon receipt at the place of delivery and full payment of the purchase price. The risk of accidental destruction and accidental deterioration shall also pass to the customer upon acceptance of the goods.
   • Upon receipt of the consignment, the customer is obliged to check the consignment to ensure that the packaging of the consignment has not been damaged (mechanical damage caused by transport) and that the goods are free from defects. In the event of visible damage to the shipment or the goods, the customer is entitled not to accept the shipment.
4. THE CUSTOMER’S RIGHT TO WITHDRAW FROM THE CONTRACT
   • In accordance with the law, the customer is entitled to withdraw from the contract of sale within 14 working days from the date without giving any reason:
5. the conclusion of a contract, in the case of a contract for services or a contract for the provision of electronic content not delivered on a tangible medium;
6. when the customer or a third party designated by the customer, other than the carrier, takes delivery of the goods, in the case of a contract for the sale of goods;
7. when the customer or a third party designated by the customer, other than the carrier, takes delivery of the goods that were delivered last, if the goods ordered in one order are delivered separately;
8. when the customer or a third party designated by the customer, other than the carrier, takes delivery of the last part or piece if the goods are delivered in multiple parts or pieces;
9. when the customer or a third party designated by the customer, other than the carrier, takes delivery of the first goods delivered if the goods are delivered repeatedly over a specified period.
   • When exercising the right of withdrawal, the Customer shall inform the Seller of its decision to withdraw from this contract by an unequivocal statement (for example, by letter sent by post or e-mail) to the Seller’s address indicated above. For this purpose, the customer can use the sample withdrawal form sent to him together with the order confirmation and which is also an annex to these GTC. The Customer may complete and submit a sample withdrawal form or any other unambiguous statement of withdrawal. The withdrawal period is preserved if the customer sends a notice of exercise of the right of withdrawal before the withdrawal period expires.
   • Upon withdrawal from the contract, all payments made by the customer in connection with the conclusion of the contract, in particular the price, including delivery costs, will be refunded to the customer. This does not apply to additional costs if the customer has chosen a delivery method other than the cheapest normal delivery method offered by the seller. Payments will be refunded to the customer without undue delay, no later than 14 days from the date on which the notice of withdrawal is received by the seller. They will be paid by the same method used by the Customer for payment, unless the Customer has expressly agreed to a different method of payment, without any additional charges.
   • Payment for the goods will be refunded to the customer only upon delivery of the returned goods back to the Seller’s address or upon presentation of a document proving that the goods have been sent back, whichever is earlier. The customer shall send back the goods or bring them to the seller’s address within 14 days from the date of exercising the right of withdrawal. The time limit shall be deemed to have been complied with if the goods are sent back before the expiry of the 14-day period. The direct costs of returning the goods shall be borne by the customer. The Customer shall only be liable for any diminution in the value of the goods resulting from handling them in a manner other than that necessary to ascertain the nature, characteristics and functionality of the goods. The costs of returning the goods to the service shall be borne by the customer.

• If the customer has requested the commencement of the provision of services during the withdrawal period, the customer shall be obliged to pay the seller the price for the services actually provided by the date on which the customer has notified the seller of the decision to withdraw from the contract.

• The following items are excluded from the possibility of withdrawal from the contract upon delivery of goods or provision of services:

1. the provision of the service, if the provision of the service has been commenced with the express consent of the customer and a declaration that he has been duly informed that by giving such consent he loses the right to withdraw from the contract after the service has been fully provided, and at the same time he has received confirmation of the provision of such consent, and if the service has been fully provided;
2. the sale of goods made to the customer’s specific requirements, custom-made goods or goods designed specifically for a single customer;
3. the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery;
4. the provision of services related to leisure activities and under which the seller undertakes to provide those services at an agreed time or within an agreed period of time (this includes in particular tickets for a course, event or other activity).
   • In the event of the purchase of tickets for courses or other events, the Seller is obliged to inform the Customer immediately of the cancellation of the course or other event on the Facebook profile(facebook.com/NoseneSecondhand) or on the website www.nosene.sk, or by email or telephone, if such a contact is available to the Customer. The customer has the right to redeem the money paid on another course or other event offered by NOSENE, or has the right to a full refund of the amount paid by the customer.
5. DATA PROTECTION
   • All personal data provided by the customer in the context of an order for goods is necessary for the processing of the order, the valid conclusion of a purchase contract between the seller and the customer and the fulfilment of all obligations arising from the contract between the seller and the customer. The provision of personal data occurs when the customer sends an order or registers the customer’s data on the seller’s website – nosene.sk or through a profile on the social network Facebook(www.facebook.com/NoseneSecondhand), within the scope of the data provided in the order form or registration form.

In the case of registration, this data is stored in a protected database on the server so that it does not have to be re-entered each time the customer visits. This data is processed by the seller only for the purpose of order processing. The customer can change their data and other settings at any time or. update your account on the www.nosene.sk website. If the customer wishes to cancel their registration, they can do so by email. The customer’s account will thus be deactivated and the data deleted within 10 days of receipt of the revocation of consent.

• At any time after logging in to www.nosene.sk, the customer can check and, if necessary, change his/her personal data through his/her account on the website www.nosene.sk.

The Seller shall not disclose, make available or provide the Customer’s personal data to any other entities, except for entities with which cooperation is necessary for order processing. These are mainly banks (name and surname), delivery services (delivery address) and Slovenská pošta, a.s. (delivery address). However, these data are always provided on a one-off basis for the processing of a specific order and the fulfilment of the seller’s obligation under the purchase contract. The Seller shall carefully secure the database of personal data against damage, destruction, loss and misuse.

• Period of collection and processing of personal data coincides with the duration of the customer’s registration on the online shop. For the purposes of invoicing, registration and recovery and assignment of receivables for the service provided, for the purposes of processing the participant’s submissions, for the exercise of rights or for the fulfilment of other obligations imposed by generally binding legal regulations, the Seller is entitled to keep a record of personal data even after the termination of the purchase contract.
• The customer may exercise all his rights of the data subject with the seller in writing in accordance with the relevant provisions of Act no. 122/2013 Z. z. on the protection of personal data and on amendment and supplementation of certain laws, as amended. The customer also has the right to file a petition for initiation of a personal data protection procedure with the Office for Personal Data Protection of the Slovak Republic, located at Hraničná 12, 820 07 Bratislava.

1. OTHER PROVISIONS
   • Any disputes between the Seller and the Customer may also be settled out of court. The subject of out-of-court dispute resolution is “Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27” or. another competent authorised person registered in the list of alternative dispute resolution entities (the list is available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show).
   • The complaints procedure is governed by the Seller’s complaints procedure. The text of the Complaints Procedure is located in the e-shop link.
   • These general terms and conditions are governed by the laws in force in the Slovak Republic.
   • The legal relations established by the Purchase Contract shall be governed by the provisions of the Purchase Contract (i.e. the binding order and order confirmation or individually agreed terms and conditions), the provisions of these General Terms and Conditions and the relevant legal regulations. The provisions of the contract of sale take precedence over the provisions of these general terms and conditions and the dispositive provisions of generally binding legislation.
   • The Customer declares that he/she has read these GTC and undertakes to comply with them.
   • The Seller reserves the right to change these GTC. The GTC or its changes are valid and effective from their publication on the Seller’s website. Legal relations arising from the purchase contract are always governed by the general terms and conditions in force at the time of the binding order of goods.
   • These GTC come into force and effect on 17.03.2017

COMPLAINTS PROCEDURE

NOSENE s.r.o

with its registered office at Stromová 54, 831 01 Bratislava – Nové Mesto, Slovak Republic Registered in the Commercial Register of the District Court Bratislava I, sec. Sro, insert no. 111075/B IČO: 50 291 203 , VAT: 2120277896, ID VAT: SK2120277896

Customer’s right to claim for purchased goods

If you wish to claim the purchased goods, please contact us directly at the shop, by phone at tel. 0917 820 679 or by e-mail at eshop@nosene.sk.

Please bring or send the returned goods (preferably after agreement with us) purchased via the Internet to NOSENE s.r.o., Obchodná 48, 811 06 Bratislava. We recommend that you send the goods as a parcel by registered mail. Please do not send goods to us by cash on delivery. Please include a copy of the proof of purchase that we sent you with the goods.

The customer is not entitled to claim defects for which a discount has already been granted and which the seller informed him about when selling the goods in question. The customer is obliged to inspect the goods upon receipt in order to detect any damage. In the case of online purchases, we are not responsible for any damage caused by the carrier.

Seller’s liability

When selling the goods, the seller is responsible for the fact that the goods are free from defects and of normal quality. The Seller shall be liable for defects in the goods sold upon receipt of the goods and for defects that occur after receipt of the goods within the warranty period.

For used items, the seller is not liable for defects caused by their use and wear and tear.

Warranty period

The warranty period for goods purchased in the online store is 24 months as standard, in the case of used goods 12 months. The warranty period begins on the date of receipt of the goods by the customer.

If the goods have a longer warranty period, the Seller is obliged to issue the Customer with a duly completed and confirmed warranty certificate at the time of sale, which specifies the terms and scope of this warranty. If the claim is settled by replacing the defective goods with a faultless one, the warranty period for the new product is 24 months from the receipt of the new goods /applies to new goods with the original tag/.

We will handle any claims to your satisfaction by individual agreement with you and in accordance with the applicable law.

When identifying defects in the claimed goods, we follow the legal provisions of the Civil Code. We are obliged to remedy the defects without undue delay or, if possible, to replace the goods at your request. If there is a defect which cannot be remedied and which prevents the goods from being properly used as a non-defective item, you have the right to have the goods replaced or to withdraw from the contract.

The complaint will be processed as soon as possible, but no later than 30 days after the claim is made and the goods are received. You will be informed about the result of the complaint immediately after the end of the complaint procedure by e-mail and together with the goods you will receive a complaint protocol, which will confirm that the customer has complained about the sold goods or services and will also explain how the seller has handled the complaint.

We will handle the claim in one of the following legal ways:

• by handing over the repaired goods;
• exchange of goods;
• by refunding the purchase price of the goods;
• by paying a reasonable discount on the price of the goods. When determining the amount of the discount, the extent of the defects of the claimed goods shall be taken into account. Generally, a one-off discount of 10% can be granted on goods with an irreparable defect;
• by reasoned rejection of the claim.

Final provisions

Summary of the complaint procedure:

1. inform us about the complaint directly at the shop, by phone at tel. 0917 820 679 or by e-mail at eshop@nosene.sk;
2. send the goods by post by another courier company or bring them in person to the NOSENE point of sale at Obchodná 48, 811 06 Bratislava (please do not send the goods on delivery);
3. include the reason for the complaint, your address, telephone number and contact email;
4. please also attach a proof of acquisition of the claimed goods in our shop (proof of purchase).

We will handle your claim as quickly as possible, but no later than 30 days from its occurrence, i.e. receipt of the claimed goods in person or from the post office or courier company.

This Complaint Procedure comes into force: 17.03.2017

Supervisory authority:

SOI Inspectorate for the Bratislava Region

Prievozská 32,

P.O. Box 5,820 07 Bratislava 27

Supervision Department

Tel: 02/ 58272 172; 02/58272 104
fax no.: 02/ 58272 170