General Terms and Conditions

The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relations between the seller and the buyer are concluded in accordance with the legal order of the Slovak Republic. If the contracting party is a consumer, legal relations not regulated by these terms and conditions are governed by Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on consumer protection as amended, Act no. 108/2000 Coll. on consumer protection in home sales and mail order sales as amended. In the event that the contracting party is an entrepreneur, legal relations not regulated by these terms and conditions are governed by Act No. 513/1991 Coll. Commercial Code as amended.

 

• Definition
  • In these Terms and Conditions.
    • "E-shop" means a computer program - an Internet application that is available on the Internet via the Internet address www.bajabee.com, whose main functionality is the display, selection and ordering of goods by the User;
    • "Consumer Contract" is a Purchase Contract, if the contracting parties are the supplier on the one hand and the consumer on the other;
    • "Seller" (supplier) a person who, when concluding and fulfilling a consumer contract, acts within the scope of his commercial or other business activity. It is an entrepreneur who offers or sells products or provides services to the consumer, as well as an entrepreneur who directly or through other entrepreneurs delivers the product to the buyer;
    • "Consumer" (buyer) is a person who purchases products or uses services for personal use or for members of his household, and who, when concluding and fulfilling a consumer contract, does not act within the scope of his commercial or other business activity;
    • A buyer who is not a consumer is a person who, when concluding and fulfilling a purchase contract, acts as part of his business or other business activity;
    • Conclusion of the purchase contract - the buyer's order represents a proposal for the conclusion of the purchase contract. The purchase contract itself is concluded at the moment of delivery of the seller's binding agreement with the draft purchase contract to the buyer, i.e. binding confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the seller and the buyer, which are defined by the purchase contract and these terms and conditions. Business conditions are an integral part of the purchase contract;
    • "Shopping basket" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods, or Services/or by changing the quantity of selected Goods or Services;
    • "Civil Code" means Act No. 40/1964 Coll., Civil Code as amended;
    • "Operator" means BajaBee s. r. o., ID: 53586689, with registered office Námestie SNP 17, 811 06 Bratislava;
    • "Access data" means the unique login name and associated password entered by the User in the E-shop database during Registration;
    • "Registration" means the electronic registration of the User in the E-shop database, by filling in at least the mandatory registration data in the E-shop user interface and Access data and their subsequent storage in the E-shop database;< /li>
    • "User" means any legal or natural person who uses the E-shop;
    • "User Account" means the part of the E-shop that is created for each User by Registration (i.e. it is unique for each User) and made available after entering the Access Data;
    • "Goods" means the thing offered by the Operator for sale to the User via the E-shop and, if offered with the Goods, also the license to use this thing;
  • Process of concluding the Agreement
    • The Operator offers Users to conclude a Purchase Agreement through the E-shop. The Operator's offer to conclude a Purchase Agreement is the display of a button labeled "Order with payment obligation" in the user interface of the E-shop.
    • For the unreserved acceptance of the Operator's offer to conclude the Purchase Agreement according to par. 1 of these Terms and Conditions on the part of the User is deemed to be a click on the given button marked "Order with payment obligation".
    • Unreserved acceptance of the offer according to par. 2 of these Terms and Conditions is a Purchase Agreement.
    • The contract is concluded at the moment when the electronic information about clicking on the "Order with payment obligation" button reaches the User via the Internet to the server where the E-shop is installed.
    • The user undertakes to fill in true and complete data in the relevant text fields in the user environment of the E-shop, in particular to fill in his email address, identification data and possibly the delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is neither obliged nor authorized to check the data entered.
    • The Operator will send the User an email message about the conclusion of the Purchase Agreement, to the email address entered by the User in the relevant field in the user environment of the E-shop.
  • Purchase contract
    • By concluding the Purchase Agreement, the following provisions become effective:
      • The User purchases from the Operator the Goods that the User has chosen in the user environment of the E-shop by placing them in the Shopping Basket, in the quantity that the User has chosen and/or set for the given Goods in the user environment of the E-shop, and the User undertakes pay the Operator for the given Goods the price that is indicated for such Goods in the user environment of the E-shop.
      • The Operator has the right to withdraw from the Purchase Agreement until the moment the Goods are sent to the User, for any reason or without stating a reason. The legal action of the Operator consisting in notifying the User that the Goods ordered by him cannot be delivered is also considered a withdrawal from the Purchase Agreement.
      • The Operator is entitled to ask the User for additional confirmation of the order at any time and until he receives the confirmation of the order from the User, he is entitled to delay sending the Goods to the User.
      • The method of packing the Goods is determined exclusively by the Operator.
      • The User is obliged to pay the Operator the costs associated with the packaging and delivery of the given goods to the User, in the amount specified for the given order in the user environment of the E-shop.
      • The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and possibly other monetary payments to the Operator.
      • If any of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making this payment, which are indicated for the given payment in the user environment of the E-shop.
      • In the case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol determined by the Operator.
      • In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the bank account specified by the Operator.
      • The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined with each other, unless explicitly stated otherwise for a specific discount.
      • The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; these costs are exclusively the costs of the User.
      • The operator reserves the right of ownership to the Goods, which are the subject of the Purchase Agreement, until the full payment of the purchase price for the given Goods by the User.
      • The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All deadlines for the delivery of the Goods listed in the user interface of the E-shop are indicative only.
      • The Operator always sends the User a tax document - an invoice in electronic form, to the User's email address entered during the order in the E-shop User Environment.
      • If the User is given a gift by the Operator together with the Goods, the gift agreement between the User and the Operator is concluded with the severance condition that if there is a withdrawal from the Purchase Agreement, the gift agreement is canceled without further ado from the beginning together with the purchase agreement and the User is obliged to return the provided gift to the Operator along with the purchased goods.
      • The Operator provides the User with a warranty for the purchased Goods, if the warranty period is specified for the Goods in the user environment of the E-shop, for the duration of the specified warranty period, while the warranty stated in this way applies only to Consumers.
      • The User is entitled to exercise rights from defective performance with the Operator at the address of its registered office and/or operation. The moment when the claim is applied is considered the moment when the Operator receives the claimed Goods from the User.
      • If, within the user environment of the E-shop, it is indicated for a given Product that it is used, the User purchases the Product in a used condition, including the stated defects of this Product.
      • The risk of loss, damage and/or destruction of the Goods, which are the subject of the Purchase Agreement, passes to the User, who is a Consumer, at the moment of taking over the given goods by the User.
      • The risk of loss, damage and/or destruction of the Goods, which are the subject of the Agreement, passes to the User, who is not a Consumer, at the moment of taking over the goods by the User.
      • You can download the withdrawal form here: CONTRACT WITHDRAWAL FORM
    • User account
      • The User has the right to establish a User Account by Registration.
      • The user is obliged to enter access data before entering the user account.
      • The User's identification data entered during Registration are considered the data entered during the order of each Product, which the User makes after logging into their User Account.
      • The User may not provide access data or any other access to the User Account to third parties. The user is obliged to take all appropriate measures to keep them secret. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator of this fact without unnecessary delay. The Operator will provide the User with new access data within a reasonable period of time.
      • The operator is entitled to unilaterally change these Terms and Conditions; will notify the User of the change through the E-shop and/or by email to the User's email address entered in the E-shop database. The User has the right to reject changes to the Terms and Conditions within 2 days from the first login to the User Account after notification of the change to the Terms and Conditions (in the case of delivery via the E-shop) or from the delivery of the given email message to the User's email box (in the case of delivery by email message) and the obligation to terminate for this reason within a notice period of 2 days, which the contracting parties agree is sufficient to procure similar services from another supplier.
    • Information for the Consumer
      • The consumer has the right to withdraw from the Purchase Agreement within thirty (30) days of taking over the Goods. If the subject of the Purchase Agreement is several types of Goods or the delivery of several parts, this period starts from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
      • If the Consumer withdraws from the Purchase Agreement, he is obliged to notify his bank account number in writing for a refund of the purchase price for the Goods, which may be reduced if the legal reasons for this are met.
      • If the Consumer withdraws from the Purchase Agreement regarding the Goods, which he returns to the Operator damaged and/or worn, especially if the original markings of the Goods are removed (i.e. tags, stickers, etc.), the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original condition .
      • If the Consumer withdraws from the Purchase Agreement, the Operator is obliged to return the purchase price to the Consumer without undue delay, no later than 14 days from the day on which he was informed of the Consumer's decision to withdraw from the Purchase Agreement.
      • If the Consumer has received the Goods consisting of movable items on the basis of the Purchase Agreement, he is obliged to send them back to the Operator or deliver them to the address of the Operator's business or headquarters without undue delay, at the latest within 30 days from the date on which the Purchase Agreement was withdrawn . The deadline is considered to be preserved even if the movable items are sent to the Operator no later than the last day of the aforementioned deadline.
      • The Consumer is responsible to the Operator for the reduction of the value of the Goods as a result of handling these goods in a way other than that which is necessary to familiarize with the nature and properties of the given Goods, including its functionality.
      • The form for withdrawing from the Purchase Agreement forms attachment no. 1 of these Terms and Conditions.
      • The operator uses the option of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers can contact the relevant employee of the Operator free of charge via the email address [email protected].
• Transport and delivery conditions

We ship orders via:

• • • • • Packeta (Pick-up point delivery, Z-BOX delivery).
          Standard delivery (Home delivery)
          The costs of its delivery will be added to the purchase price of the goods, the amount of which will be indicated when placing the order (or in the individual price offer). The buyer undertakes to pay the costs of delivery of the goods together with the purchase price.
          Orders are processed by the seller on an ongoing basis, while the maximum delivery time is 7 working days from the date of crediting the purchase price for the ordered goods and delivery costs to the seller's bank account. The delivery period is considered to have been met if the goods are stored within the specified period at the relevant delivery point.
          If necessary, the ordered goods can be delivered earlier than stated in art. 4.1.3 of these GTC. If interested in earlier delivery, the buyer can contact the seller by phone or e-mail.
        • If the buyer does not take over the goods from the carrier within the specified collection period, the seller is entitled to demand a fee for storing the goods. The seller also has the right to withdraw from the purchase contract. The buyer is liable to the seller for damage caused by the breach of his obligation to take over the ordered goods (consisting mainly, but not exclusively, of transport costs, lost profit). If the buyer has already paid the purchase price before the delivery of the goods, the seller is entitled to set off his claim for damages against the paid price of the goods.
• Complaints procedure
  • • • • The Operator is responsible to the Consumer that the Goods are free of defects upon receipt. This does not apply if the subject of the Purchase Agreement is goods with defects, which the Operator, if known to him, or should have been known to him, taking into account all the circumstances, is obliged to notify the Consumer.
        • If the Goods contain defects, the Consumer has the right to demand the delivery of new Goods without defects, unless this is disproportionate due to the nature of the defect, or if the subject of the Purchase Agreement was Goods with defects that the Operator, if the defects were known to him, or taking into account in all circumstances they should have been known, he informed the Consumer. If the defect concerns only a part of the Goods, the Consumer can only request the replacement of the given part of the goods; if this is not possible, he has the right to withdraw from the Purchase Agreement.
        • The Consumer has the right to deliver a new Product or to replace a part of the Product even in the event of a removable defect, unless the Product cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
        • If the Consumer does not withdraw from the Purchase Agreement or does not assert the right to deliver new Goods without defects, nor to exchange its parts or to repair the Goods, he may demand an appropriate discount from the price of the Goods. The Consumer has the right to a reasonable discount on the price of the Goods even if the Operator cannot deliver new Goods without defects, exchange its parts or repair the Goods, as well as in the event that the Operator does not seek redress in a reasonable time, or if seeking redress would cause the Consumer considerable difficulties.
        • The right of defective performance does not belong to the Consumer, if the Consumer knew before taking over the Goods that the Goods had a defect, or if the Consumer himself caused the defect.
        • The Operator's liability for defects in the Goods does not extend to the wear and tear of the Goods caused by their usual use, in the case of Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, in the case of used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Consumer, or if it results from the nature of the Goods.
        • If a warranty is provided for the Goods, the Consumer has the right to claim responsibility for defective performance during the warranty period.
        • At the Consumer's request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods allows it, instead of a warranty certificate, it is sufficient to issue a proof of purchase of the Goods to the Consumer containing the information that the warranty certificate must contain.
        • In the event that the Consumer exercises his right to eliminate defects in the Goods by repairing them, in the case of Goods for which, for the purposes of warranty repairs, the designated entrepreneur is different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in the location closer to the Consumer, the Consumer will exercise the right to warranty repair at this entrepreneur.
        • Complaints about the Goods, including the removal of defects in the Goods, must be dealt with without undue delay, at the latest within 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After this period expires, the Consumer has the same rights as if it were a material breach of the Agreement.
        • The deadline for handling the complaint does not expire if the Operator has not received all the documents necessary for handling the complaint from the Consumer, until such time as the documents are delivered.
        • The operator or an entity designated by him will invite the Consumer to take over the repaired Goods after the complaint has been properly dealt with.
        • The right to exercise rights due to defects in the Goods expires in case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in case of unprofessional handling of them, i.e. especially when using the Goods in conditions that do not match the parameters specified in the documentation for the Goods.
• Alternative dispute resolution
  • • • • The customer - the consumer - has the right to contact the operator - the seller with a request for correction by e-mail at [email protected] if he is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights. If the seller responds negatively to this request or does not respond to it within 30 days from its sending, the Consumer has the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to § 3 of Act no. 391/2015 Coll. The proposal can be submitted by the Consumer in the manner determined according to § 12 of Act no. 391/2015 Coll
        • The consumer can also file a complaint through the alternative dispute resolution platform of the RSO, which is available online at: http://ec.europa.eu/consumers/odr.
        • Alternative dispute resolution can only be used by the Consumer - a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution refers only to a dispute between the Consumer and the Seller, resulting from the consumer contract or related to the consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the Consumer up to a maximum of EUR 5 including VAT.
• Personal data protection
  • • • • When processing personal data, the Operator proceeds in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (further only "GDPR") and Act no. 18/2018 Coll. on the protection of personal data and on amendments to certain laws.
        • Detailed information on how we collect, process and protect the personal data of our customers when using our services is regulated in the personal data protection policy.
• Cookies

 

The Operator hereby informs the User that it processes the User's cookie files, including permanent cookie files, and the User expresses his consent to this.

Consent according to the previous paragraph is granted for a period of 1 year/year.

The operator processes the User's cookies to personalize content and advertisements, to use social media functions and traffic analysis. The Operator shares information about how the User uses the E-shop with its partners working in the field of social media, advertising and analysis.

• Using the E-shop
  • • • • The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
        • The operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
        • The operator has the right to limit or interrupt the functionality of the E-shop or access to it for a period of time necessary for maintenance or repair of the E-shop.
        • The user is obliged to comply with the valid and effective legal regulations of the Slovak Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damage caused by the User's violation of this obligation.
        • In case of violation of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.
• Statements of the Operator
  • • • • The operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried