Checkout

1. Introductory Provisions

1.1 These general terms and conditions of an online shop operated by Veronika Svinčáková, with its place of business at Ulica Andreja Hlinku, 58, 917 01 Trnava, Slovak Republic, Company ID number: 51187060, Tax ID number: 1082400495, VAT number: SK1082400495, e-mail: info@lubive.sk, phone number: +421 904 832 148, an entrepreneur operating on the basis of a certificate of trade authorization issued by the District Office of Trnava, the Trade Licensing Office, trade register number: 250-40199 (hereinafter referred to as the “Operator”) stipulate the mutual rights and obligations of the Contracting Parties in connection or on the basis of a contract concluded between the Operator and the person who purchased the Goods offered by the Operator (hereinafter referred to as the “Customer”) in the Online shop via the Operator’s Website (hereinafter referred to as the “Contract”) (hereinafter referred to as the “Terms and Conditions”).

1.2 Pursuant to the Contract, the Operator undertakes, in accordance with the conditions specified in these General Terms and Conditions, to deliver the Goods to the Customer and the Customer undertakes to accept the Goods from the Operator and pay the Price for the Goods in accordance with Article 6 of these Terms and Conditions. The Contracting Parties undertake to provide each other with the cooperation necessary for the proper and timely fulfillment of the obligations arising from the Contract (including these Terms and Conditions).

1.3 The Operator supplies the Goods within the Slovak Republic, Czech Republic, Republic of Poland, Hungary, Republic of Croatia, Bulgaria and Romania.

1.4 The supervisory authority for customer (consumer) protection is the Slovak Trade Inspection (STI/SOI) for the Trnava Region, with its registered office at Pekárska 23, 917 01 Trnava 1, e-mail: tt@soi.sk, web: https://www.soi.sk/sk/Kontakt.soi.

2. Definitions of terms and interpretation of Terms and Conditions

2.1 Capitalized terms in these Terms and Conditions have the following meaning:

Bank account of the Operator means the bank account established by the Operator for receiving Cashless payments from Customers for the Goods at Tatra banka, a.s., IBAN: SK52 1100 0000 0029 4409 2255, SWIFT: TATRSKBX (for payments in EUR) and in Fio banka, a.s., IBAN: CZ18 2010 0000 0027 0144 3460, SWIFT: FIOBCZPPXXX (for payments in CZK).

Cashless payment has the meaning set out in paragraph 7.3 of these Terms and Conditions. Cashless payment can be made as (i) online payment by debit card, or credit card via the bank ‘s interface (payments by debit and credit cards will be charged in real time), or (ii) payment by a bank transfer in advance to the Bank account of the Operator.

Price has the meaning set forth in Article 6 of these Terms and Conditions. 

Price list means an overview of the Prices of Goods set by the Operator, which are displayed in the Online shop on the Website individually for each of the offered Goods.

Insolvency Act means Act no. 7/2005 Coll. on Bankruptcy and Restructuring and on Amendments to Certain Acts, as amended. 

Online shop means a computer system (e-shop) located on the Website on the Internet, which allows ordering and purchasing Goods and is available to the public.

Courier means a person authorized (i) by Slovenská pošta, a.s., with its registered office at Partizánska cesta 9, 975 99 Banská Bystrica 1, IČO: 36 631 124, registered in the Commercial Register of the District Court Banská Bystrica, Section: Sa, Insert No.: 803/S (hereinafter referred to as the “Post office“), which provides services under Act no. 324/2011 Coll. on postal services and amending certain laws, or (ii) by Packeta, or (iii) by another company specializing in domestic or international transport of postal items, with which the Operator has concluded a contract, the subject matter of which is mainly transport and delivery of the Goods to the Customer.

The Withdrawal period has the meaning set out in paragraph 10.1 of these Terms and Conditions.

An Irremovable defect means a defect in the Goods which is not a Removable defect.

Civil Code means Act no. 40/1964 Coll. Civil Code, as amended.

The Order represents a binding proposal for the conclusion of the Contract (offer) in accordance with the provisions of Article 43a of the Civil Code, made by the Customer to the Operator, and has the meaning set out in paragraph 4.3 of these Terms and Conditions.         

Terms and Conditions means these general terms and conditions of the Operator.

Removable defect means such a defect in the Goods that, according to the assessment of the Operator, may be removed.

Personal collection means personal collection of the Goods in the Operator’s Establishment.

Packeta means the company Packeta Slovakia s.r.o., with its registered office at Kopčianska 3338/82A, 851 01 Bratislava – mestská časť Petržalka, Slovak republic, ID: 48 136 999, a company registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No.: 105158/B, which is a logistics company providing transportation of goods to customers.

Payment in cash has the meaning set out in paragraph 7.2 of these Terms and Conditions.

Establishment means the premises (showroom), where the Operator operates the trade, located at: Hlavná 5, 917 01 Trnava (more info: https://lubive.sk/showroom/), marked in accordance with Article 15 of the Consumer Protection Act.

The Operator has the meaning set out in paragraph 1.1 of these Terms and Conditions.

The Complaint has the meaning set out in paragraph 9.6 of these Terms and Conditions.

The Complaint protocol has the meaning set out in paragraph 9.17 of these Terms and  Conditions.

Goods means all available goods displayed in the Online shop on the Operator’s Website, i.e. in particular handbags, backpacks, cases and bags for laptops offered by the Operator for sale to the Customer.

Website means the Operator’s website located on the internet address https://lubive.sk/, where the Operator’s Online shop is located at the same time.

The Customer has the meaning set forth in Section 1.1 of these Terms and Conditions. The Customer is primarily a consumer, i.e. a person who, unlike the Operator, does not act within the scope of his business activity or occupation when concluding and fulfilling the Contract.

Customer line means a special telephone line designated by the Operator for communication with the Customer, the telephone number of which is listed on the Operator’s Website.

ADR Act means Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on amendments to certain laws.

The Distance Selling Act means Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws, as amended.

The Consumer Protection Act means Act no. 250/2007 Coll. on Consumer Protection and on amendments to Act of the Slovak National Council no. 372/1990 Coll. on offenses, as amended.

The Act on Electronic Commerce means Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws, as amended by Act no. 284/2002 Coll.

The Warranty has the meaning set out in paragraph 9.4 of these Terms and Conditions.

Contract has the meaning set forth in paragraph 1.1 of these Terms and Conditions.

Contracting Parties means the Operator and the Customer.

2.1 The interpretation of these Terms and Conditions is governed by the following rules:

(i)      References to articles and paragraphs shall be construed as references to the relevant articles and paragraphs of these Terms and Conditions.

(ii)     References to a legal regulation or relevant legal regulation shall be construed as references to Acts, government regulations, ministerial decrees or other generally binding normative legal acts.

(iii)    References to days are references to calendar days, unless otherwise stated in these Terms and Conditions.

(iv)    The terms in particular or inclusive in these Terms and Conditions mean “in particular, but not exclusively” (whether or not this wording is explicitly stated) and cannot be construed as limiting the possibilities exclusively to the items included in the stated specification.

(v)     Terms defined in these Terms and Conditions in plural have the same meaning in singular and vice versa.

(vi)    The headings are used in these Terms and Conditions only for clarity and better orientation and do not affect the interpretation of these Terms and Conditions.

3. Goods

3.1 The Operator offers to the Customers of the Online shop, in particular, the following Goods: handbags, backpacks, cases and bags for laptops.

3.2 The Operator offers to the Customers within the territory of the Slovak Republic the opportunity to purchase a gift voucher for the purchase of the Goods of their own choice. The validity of the gift voucher is (i) limited in time to a period of 6 months from the purchase, and (ii) territorially limited to the territory of the Slovak Republic. Further conditions for the purchase and redemption of the gift voucher are available on the Website in the section: https://lubive.sk/darcekove-poukazky/. 

3.3 The Customer has the option to order the Goods from the Operator via the Website. The Customer searches for the preferred Goods through the available filters (type of Goods, color, material, method of wearing). The Goods will be delivered to the Customer in accordance with the Contract and these Terms and Conditions.

3.4 All photographs, pictorial images, video recordings and video-audio recordings displayed on the Operator’s Website are for illustrative purposes only and are not a template or sample determining the quality or method of execution of the Goods. Photographs, pictorial images, video recordings, video-audio recordings, presentations, logos and registered trademarks of the Operator, and other graphic designs contained on the Website belong exclusively to the Operator and are protected by copyright or by other intellectual property rights. Neither the Customer nor any third parties are entitled to further handle, distribute, process, or use them in any way without the prior consent of the Operator.

4. Conclusion and changes of the Contract

4.1 The Customer may place Orders via the Online shop without registering his own user account (so-called purchase without registration) or with registration of his own user account (so-called purchase with registration).

4.2 When purchasing via the Online shop (either as a registered or unregistered user), the Customer adds the Goods selected by him to the basket by clicking on the “Add to basket” button. After completing the selection and clicking on the “Basket” button in the upper right corner, the Customer will see a list of all selected Goods and their total Price. The Customer can then edit the list of Goods in the cart. After its finalization, the Customer will proceed with the Order of Goods by clicking on the “Checkout” button.

4.3 By placing an electronic Order, the Customer may purchase the selected Goods from the Operator. The Customer places the Order by duly filling in and sending the Order form available on the Website.

4.4 The Customer is obliged to state correctly and truthfully in the Order all required data, in particular:

(i)      name, surname, e-mail address and telephone number, or, alternatively, a business name and Company ID number (if the Customer chooses to invoice the company);

(ii)     the billing address (if different from the address for delivery of the Goods) containing the name of the street and street number, postal code and city, country/region of delivery, or registered office (if the Customer chooses invoicing the company);

(iii)    the address for delivery of the Goods (if different from the billing address) containing the name of the street and street number, postal code and city, country/region of delivery;

(iv)    the method of delivery of the Goods and the method of payment for the Goods;

(v)     any special requirements in the Order note (e.g. concerning the delivery of the Goods).

4.5 The Order is a binding proposal of the Customer for the conclusion of the Contract (offer) in accordance with Article 43a of the Civil Code. The offer of the Goods made by the Operator via advertising or display of Goods (including the Operator’s Website) is not in itself a proposal, and is considered only as an invitation to place Orders.

4.6 Before sending the Order via the Operator’s Website, the Customer has the opportunity to check and change the data provided in the Order and the choices made when creating the Order. The Customer sends the Order to the Operator by clicking on the “Order with payment obligation” button. The Operator shall immediately after receiving the Order from the Customer confirm the delivery of the Order by means of an e-mail sent to the e-mail address of the Customer specified in the Order.

4.7 The Order confirmation contains in particular:

(i)      information on the acceptance of the Order by the Operator and its status;

(ii)     the number and date of the Order;

(iii)     summary of the Customer’s Order containing the following data: type of ordered Goods, quantity of Goods, Price of Goods, applied discount (if applicable), costs of delivery of the Goods, VAT (if applicable), method of delivery / address of collection of Goods, method of the payment for the Goods, the total price of the Goods including all costs and applicable taxes, the delivery address and billing address (if different from the delivery address) of the Goods, and the Customer’s contact details, and

(iv)    an electronic invoice for the sale of the Goods,

(v) in the case of the Customer who is a consumer, the text of these Terms and Conditions in PDF.

4.8 Before sending the Order, the Customer shall at the same time confirm that he has read the entire content of these Terms and Conditions in the wording valid and effective on the day of sending the Order and expressly agrees with all provisions of these Terms and Conditions. The Customer will receive a copy of these Terms and Conditions as an attachment to the Order confirmation at the e-mail address entered by him. The Customer agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Customer as a result of the use of means of distance communication in connection with the conclusion of the Contract or its performance (e.g. the cost of internet connection or the cost of telephone calls) shall be borne by the Customer himself, while the cost of telephone calls does not differ from the normal rate.

4.9 The Contract between the Customer and the Operator is concluded at the moment when the Customer receives the Order confirmation (acceptance) from the Operator. The silence or inaction of the Operator does not by itself mean the confirmation (acceptance) of the Order. The Contract may be concluded only in the Slovak language. In the event that the Customer fails to send the Order (e.g. due to a technical malfunction of the Website), he may contact the Operator’s Customer line, where the Customer will be provided with information on further action necessary to place the Order.

4.10 In the event that the Operator fails to deliver the Order confirmation in the manner specified in paragraph 4.9 of these Terms and Conditions (e.g. due to incorrect or incomplete e-mail address entered by the Customer in the Order), and the Operator fails to contact the Customer in another way with a request for modification, or supplementation of data, the Operator is entitled to cancel the Order. The Operator is not obliged to inform the Customer about such cancellation of the Order. The Price paid for the Goods shall be refunded to the Customer in the manner set out in paragraph 4.14 of the Terms and Conditions. At the same time, the Customer acknowledges that if he does not receive an Order confirmation within the 72 hours of sending the Order at the e-mail address specified in the Order, and the Order confirmation is not in the spam folder, the Operator recommends contacting the Operator’s Customer line or e-mail, where the Customer will be provided with informations on further action necessary to confirm the Order.

4.11 The Operator is obliged to provide the Customer with a proof of purchase of the Goods immediately after the conclusion of the Contract, but no later than together with the delivery of the Goods, containing, in particular, the following:

(i)      the business name and place of business of the Operator;

(ii)     the date of sale of the Goods;

(iii)     the name and quantity of the Goods;

(iv)    the Price of the individual Goods and the total price paid by the Customer. When selling the Goods with a subsequent delivery, the document must also contain the destination, date, and time of delivery of the Goods.

4.12 Unless otherwise stipulated further in these Terms and Conditions, the Contract concluded in writing may be amended only by written agreement of the Contracting Parties. Written form shall also mean the exchange of e-mail or other electronic messages. The Customer takes into account that telephone calls between the Operator and the Customer may be recorded in order to improve the Operator’s services.

4.13 The Customer acknowledges that the Operator is not obliged to accept the Order and the Order is considered rejected by the Operator if:

(i) the Customer has provided incorrect and/or incomplete information in the Order, which has resulted in the Operator not being able to process the Order and send the Goods to the Customer, and the Customer does not correct and/or complete the incorrect and/or incomplete information within 5 working days after he was requested by the Operator to supplement and/or correct them, the procedure set out in paragraph 4.14 of these Terms and Conditions shall apply to the refund of the price paid for the Goods;

(ii) the Operator has not been able to authorize the payment of the Price for the Goods;

(iii) payment of the Price for the Goods has not been credited to the Operator’s Bank account within 5 working days of receiving the payment information for the payment of the Price for the Goods from the Operator after the Customer has chosen the Cashless payment in advance by a bank transfer to the Bank account as the payment method.

4.14 The Customer acknowledges that if the Goods become unavailable (for reasons on the part of the manufacturer) in the period from the conclusion of the Contract until the delivery of the Goods to the Customer, or if the Operator does not manage to secure and deliver the Goods to the Customer within the required period (for reasons on the part of the manufacturer or importer), the Operator reserves the right to withdraw from the Contract. The Operator is obliged to inform the Customer about this fact without undue delay via e-mail at the e-mail address specified in the Order. The payment of the Price for the Goods, including the costs of delivery of the Goods, will be reimbursed to the Customer immediately at the latest within 3 days days of withdrawal from the Contract to the Customer’s bank account from which the Operator received payment of the Price for the Goods or in a manner specifically agreed with the Customer.

4.15 At the same time, the Customer acknowledges that the Operator has the right to not accept the Customer’s Order (and thus not to enter into a Contract with the Customer) if (i) it is a Customer who is in arrears with the payment of due financial obligations from another contract for the sale of Goods to the Operator, (ii) if the Goods have ceased to be manufactured or supplied. The procedure set out in paragraph 4.14 of the Terms and Conditions shall apply to the refund of the price paid for the Goods.

5. User account

5.1 In order to simplify the purchase of the Goods on the Operator’s Website, the Operator allows the Customer to register his own user account on the Website.

5.2 To register a user account, the Customer shall, while on the Website in the Checkout section after entering the billing address (or the delivery address, if different from the billing address), tick the so-called checkbox labeled “Create an account” in order to express an interest in creating an account and choose a password to log in to the user account.

5.3 By registering a user account, the Customer will obtain simpler conditions for the purchase of the Goods, as he can save in his account the address for delivery of the Goods and his contact details, which will be automatically filled in during the Customer’s next Order.

6. Price of the Goods

6.1 Unless otherwise agreed between the Contracting Parties in these Terms and Conditions or in writing, the Prices of the Goods are stated in the Operator’s Price list valid at the time of submitting  the Order to the Operator.

6.2 All Prices of the Goods published on the Website also include the costs of packaging the Goods prior to their dispatch and the taxes applicable to the Goods and the Operator in accordance with applicable law. The Operator is a VAT payer, therefore, VAT is also added to the Price according to the currently valid rate in accordance with the applicable legal regulations.

6.3 The Price of the Goods does not include the costs of delivery of the Goods to the Customer. The costs of delivery of the Goods are displayed on the Website in the section: https://lubive.sk/moznosti-dopravy-a-platby/, as well as disclosed to the Customer in the options while choosing the method of delivery of the Goods before the completion of the Order. The total price of the Order, including the cost of delivery of the Goods shall be disclosed to the Customer before sending the Order, and also in the message confirming the receipt of the Order of the Goods

6.4 The Operator may, at its own discretion, provide a discount on the Price, promotion, special offer, or, alternatively, a promo code on the Goods. Current discounts, promotions and special offers on the Goods shall be listed on the Operator’s Website, and will be clearly marked with the symbol “promotion” or “discount”. The duration of the discount, promotion and special offer on the Goods will be specified individually in each case by the Operator.

6.5 The Operator reserves the right to change the Prices of the Goods in the Online shop, to introduce new Goods for sale, to introduce, change and cancel discounts on the Goods, or other special offers related to the Goods. The Customer acknowledges that the changes stated in the previous sentence do not affect the rights of the Customer stemming from the already sent Order and/or the concluded Contract. By updating the Prices of the Goods in the Price list, the validity of the previous Prices expires at the same time. The current Price list shall be always available to the Customer on the Website.

7. Terms of payment

7.1 The Customer is obliged to pay the Operator the Price for the Goods, which shall be determined in accordance with Article 6 of these Terms and Conditions in one of the following ways:

(i)      Payment in cash or via a payment terminal upon delivery of the Goods by the Courier (if the Courier provides the option of payment by a payment terminal), or at the Operator’s Establishment, or, alternatively, at a selected Post office branch or selected Packeta pick-up point;

(ii)     Cashless payment by credit or debit card via the bank’s interface, Stripe or Barion payments;

(iii)     Cashless payment in advance by a bank transfer to the Operator’s Bank account;

(iv)    In the case of delivery of the Goods to countries other than the Slovak Republic, the Goods may be paid for only by means of Cashless payment by credit or debit card via the bank’s interface.

7.2 When paying in cash or via a payment terminal upon delivery, the Customer is obliged to pay the Price to the Operator upon delivery of the Goods, more precisely to the Courier from whom the Customer received the Goods, or at a selected branch of the Post Office or Packeta (if such Payment in cash or via a payment terminal is allowed). Payment in cash or via a payment terminal is considered to be made at the moment when the Customer receives confirmation of receipt of the payment. It is not possible to use Payment in cash as a payment method if the Price of the Goods exceeds the amount of EUR 5,000 (excluding VAT).

7.3 In the case of a Cashless payment, the Customer is obliged to pay the Price to the Operator by credit or debit card, and to do so immediately or by a bank transfer to the Bank account within the period set forth in paragraph 7.4. In the case of a Cashless payment, the Price for the Goods is paid at the moment when the relevant amount of the Price is credited to the Operator’s Bank account. The Customer acknowledges that the Cashless payment is made through a third party, namely the Customer’s bank and the Operator’s bank. Before making a Cashless payment, the Customer is obliged to get acquainted with the conditions of the Cashless payment available on the website of the Customer’s respective bank. For Cashless payment if the Customer is entitled to a refund of the Price as a result of a positively settled Complaint by the Operator (and the Customer does not specify otherwise), the Customer will be refunded the Price through the Customer’s bank to his bank account from which he paid it to the Operator.

7.4 In the case of Cashless payment in advance by a bank transfer to the Operator’s bank account, the Customer is obliged to pay the Price immediately upon receipt of an e-mail from the Operator containing payment instructions necessary for the payment of the Price, however, no later than 5 working days after the receipt. If the Customer fails to complete the Cashless payment for reasons for which the Customer is not responsible, he may contact the Operator’s Customer line, where the Operator will provide him with further information regarding the payment for the Goods.

7.5 The Customer shall receive an invoice containing the basic information of the Contract as an attachment to the Order confirmation at the specified e-mail address. The Customer agrees with this provision. 

7.6 If the Customer is in arrears with the fulfillment of any monetary debt to the Operator, the Operator is entitled to suspend the fulfillment of its obligations under all Contracts concluded with the Customer, until the Customer is no longer in arrears with the respective fulfillment. 

7.7 The Customer is aware that if he does not accept the Goods for which he has chosen Payment in cash (i.e. cash on delivery) as the method of payment, it is considered a material breach of the Contract, including the Terms and Conditions. The Operator has the right to demand compensation from the Customer for the costs incurred in connection with the non-acceptance of the Goods and non-payment of the Price for the Goods, including the costs for the storage of the Goods.

8. Delivery of Goods

8.1 The Operator undertakes to deliver the Goods to the Customer at the place specified by the Customer in the Contract. The Operator allows the Customer to choose one of the following delivery methods:

(i)      Personal collection at the Operator’s Establishment;

(ii)     Delivery by the Courier authorized by the Post office;

(iii)     Pickup at a selected branch of the Post Office;

(iv)    Pickup at a selected Packeta pick-up point.

8.2 The method of delivery of the Goods depends on the choice of the Customer. However, the Customer acknowledges that in the case of delivery of the Goods to countries other than the Slovak Republic, it is possible to deliver the Goods only through the Packeta pick-up point. In the case of Cashless payment, the Operator undertakes to deliver the Goods only after crediting the Price for the Goods (including delivery costs) to the Operator’s Bank account in full. The Operator shall inform the Customer that the Goods have been shipped to the Customer, or, more precisely, that the Goods have been handed over to the Courier authorized by the Post office or Packeta for delivery, via e-mail sent to the Customer’s e-mail address specified in the Order.

8.3 The Operator shall deliver the Goods to the Customer as soon as possible after the conclusion of the Contract. The Customer acknowledges that the dates of delivery of the Goods stated by the Operator are only indicative. The maximum period of delivery of the Goods is 30 days from the conclusion of the Contract (i.e. from the day when the Customer receives the acceptance of his Order from the Operator). If the Operator is not able to meet the deadline, the Operator shall make an agreement with the Customer on a replacement period and edit the Order.

8.4 The Customer is obliged to accept the Goods at the place of delivery according to the Contract, either himself or through a third party designated by the Customer. The Customer, or a third party designated by the Customer, is obliged to confirm in writing the acceptance of the Goods to the Courier, or at the Packeta pick-up point, the Post Office branch, or at the Establishment, upon such request. If for reasons on the part of the Customer it is necessary to repeatedly deliver the Goods to the place of delivery, or to deliver it to another place or in another way than specified in the Order, the Customer undertakes to reimburse the Operator for costs associated with the repeated delivery, or, alternatively, with the delivery to another place, or in another way than specified in the Order.

8.5 The Goods shall be deemed accepted by the Customer at the moment when the Customer or a third party designated by him (with the exception of the carrier) takes over all parts of the ordered Goods, or if:

(i)      the Goods ordered by the Customer in one Order shall be delivered separately, at the time of taking over the Goods that were delivered last;

(ii)     the delivered Goods consist of several parts, or pieces, at the time of taking over the last part or the last piece;

(iii)     the Goods are delivered repeatedly for a specified period, at the time of taking over the first delivered Goods.

8.6 The Customer is aware that the delivery of the Goods by the Courier authorized by the Post office or by Packeta is subject to the terms and conditions of the Post Office (Packeta). In the event that the Post Office (Packeta) will successfully claim against the Operator any damages or payment of extra fees due to non-compliance with such terms and conditions, and this damage or reason for the payment of extra fees was caused by the Customer’s knowledgeable actions (e.g. the Customer causes the shipment do be undeliverable), the Operator is entitled to claim compensation from the Customer for the damages (extra fees) paid.

8.7 Ownership of the Goods passes to the Customer upon full payment of the Price for the Goods. The Operator shall provide the Customer together with the Goods with all documents (in written or electronic form) related to the Goods, which are necessary for the receipt and use of the Goods, or arising from applicable law, including the invoice and the form for returning the Goods and withdrawing from the Contract, which is also annexed to these Terms and Conditions as Annex no. 1. 

8.8 The risk of damage to the Goods passes to the Customer at the moment of taking over the Goods by the Customer, or by a third party authorized by the Customer. If the Customer is in delay with the collection of the shipment that contains the Goods, the risk of damage to the Goods passes to the Customer at the time that marks the beginning of this delay.

9. Defective performance rights (Complaints)

9.1 The rights and obligations of the Contracting Parties concerning the rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of the Civil Code as well as the provisions of the Consumer Protection Act. The Operator has adopted this Complaints procedure for handling Complaints and dealing with the defective Goods.

9.2 The Operator is obliged to mark the Goods with information that truthfully and completely informs the Customer, particularly about the country of origin, the material used to produce the Goods, the maintenance of the Goods and any danger resulting from its incorrect use or maintenance, or other information required by applicable law.

9.3 The Operator shall be liable to the Customer for defects that the Goods had at the moment when they were taken over by the Customer. In the case of used Goods, the Operator shall not be liable for defects caused by use or wear. In the case of Goods sold at a lower price, the Operator shall not be liable for a defect for which the lower price has been agreed upon. Upon receipt of the Goods from the carrier, the Customer shall properly and carefully check the condition of the shipment (especially the number of packages, package integrity or damage to the packaging) according to the consignment note. The Customer shall also check the completeness of the Goods on the day of receipt of the shipment, in particular whether the package contains everything it should contain.

9.4 The Customer is obliged to notify the Operator of any obvious defects of the Goods without undue delay after he has been able to detect these with due attention. Hidden defects of the Goods and defects that occur after taking over the Goods during the warranty period must be notified to the Operator by the Customer without undue delay after the Customer has been able to detect them with due attention, but no later than within 24 months from the date of receipt of the Goods from the Operator (hereinafter referred to as “Warranty“). The warranty period for used goods is 12 months. The Warranty for the non-consumer Customer is 24 months. If the period of use is marked on the sold Goods or the instructions attached to them, the warranty period does not end before the expiration of this period.

9.5 The Operator shall issue a warranty certificate at the request of the Customer. Proof of purchase of the Goods is sufficient to file a Complaint. 

9.6 The Customer notifies the Operator of the defect by sending an e-mail to the e-mail address: info@lubive.com, in which the Customer:

(i)      describes in detail either the Goods claimed defective (name of the Goods) and the defect in the Goods, or the defect in the shipment containing the Goods;

(ii)     states the Order number and invoice number (or other identification);

(iii)     provides his contact details;

(iv)    encloses evidence proving the defect in the Goods (e.g. photo documentation, if possible) (hereinafter referred to as the “Complaint“).

9.7 If the Customer, who is a consumer, files a Complaint, the Operator, or an employee authorized by the Operator or a designated person, is obliged to inform the Customer about his rights under the Civil Code, or the relevant legislation, to the extent set out in Annex no. 2 of these Terms and Conditions.

9.8 Simultaneously with the notification of defects of the Goods, the Customer shall deliver the Goods claimed defective to the address of the Operator’s Establishment together with the proof of payment for the Goods.

9.9 The Operator shall immediately confirm the receipt of the Complaint in the form of an e-mail addressed to the Customer. If it is not possible to deliver the confirmation immediately, it shall be delivered without undue delay, but no later than together with the Complaint report. In accordance with Article 18 paragraph 4 of the Consumer Protection Act, the Operator shall determine the method of handling the Complaint immediately, in complicated cases within 3 working days from the date of the Complaint, and in justified cases, especially when complex technical evaluation of the condition of the Goods is required, within 30 days from the date of the Complaint.

9.10 If the Operator takes over the Goods claimed defective on a later day than the day of the Complaint, then the time periods for handling the Complaint under paragraph 9.9 shall run from the day of taking over the Goods claimed defective by the Operator, but no later than from the moment the Operator makes impossible or prevents the takeover of the Goods claimed defective. 

9.11 The Complaint, including the removal of defects, must be handled without undue delay, no later than 30 days from the date of the Complaint, unless the Operator and the Customer agree to a longer period. At the same time, if the Operator does not handle the Complaint within 30 days, the Customer has the same rights as if it were an Irremovable defect (Article 18 paragraph 4 of the Consumer Protection Act), i.e., the right to exchange the Goods or the right to a refund (withdrawal from the Contract).

9.12 In the case of a Removable defect in the Goods, the Customer has the right to request from the Operator free, timely and due removal of the defect without undue delay, or an adequate discount on the Price of the Goods. Instead of removing the defect, the Customer may request an exchange of the Goods, or if the defect concerns only a component of the Goods, the exchange of the component, if the Operator does not incur disproportionate costs due to the Price of the Goods or the severity of the defect. The Operator may always exchange the defective Goods for Goods without defects instead of removing the defects if this does not cause serious difficulties for the Customer.

9.13 In the case of an Irremovable defect that prevents a proper use of the Goods as Goods without defects, the Customer has the right to request from the Operator an exchange of the Goods or to withdraw from the Contract. The Customer has the right to request the exchange of the Goods or to withdraw from the Contract even if the provided Goods cannot be properly used due to a larger number of Removable Defects, or due to a repeated occurrence of a certain Removable Defect in the Goods after it has not been repaired by the Operator. In the case of other Irremovable defects, the Customer is entitled to an adequate discount on the Price of the Goods.

9.14 If the Goods are exchanged, the warranty period shall begin to run again from the moment of acceptance of the new Goods by the Customer.

9.15 If the Customer has submitted a Complaint regarding the Goods within the first 12 months from the purchase of the Goods, the Operator may reject the Complaint only on the basis of an expert evaluation pursuant to Article 18a of the Consumer Protection Act. Irrespective of the result of the expert evaluation, the Customer shall not be required to pay the costs of the expert opinion or other costs related to the expert opinion. The Operator is obliged to provide the Customer with a copy of the expert opinion justifying the rejection of the Complaint no later than 14 days from the date of handling the Complaint.

9.16 If the Customer has submitted a Complaint regarding the Goods later than 12 months after the purchase of the Goods and the Operator has rejected it, the person who handled the Complaint is obliged to specify in the Complaint report to whom the Customer may send the Goods for expert evaluation. If the Goods are sent for expert evaluation to a designated person, the costs of the expert opinion, as well as all other related and reasonably incurred costs, shall be borne by the Operator regardless of the result of the expert evaluation. If the Customer demonstrates the Operator’s liability for a defect by way of an expert opinion, the Customer may re-submit the Complaint. The warranty period shall be suspended during the expert evaluation. The Operator is obliged to pay to the Customer within 14 days from the date of re-submission of the Complaint all reasonably incurred costs of the expert evaluation, as well as all other related and reasonably incurred costs. A re-submitted Complaint cannot be rejected.

9.17 The Operator is obliged to issue a written confirmation to the Customer specifying the date of submission of the Complaint, its content, the method of handling the Complaint requested by the Customer, date and method of handling the Complaint by the Operator, confirmation that the Goods have been repaired, or, alternatively, justification of the rejection of the Complaint no later than 30 days from the date of filing the Complaint, but no later than together with the proof of processing of the Complaint, if the time limit for its processing began to run from the date of receipt of the object of the Complaint by the Operator (hereinafter referred to as the “Complaint protocol”). The Operator shall send a copy of the Complaint protocol to the Customer together with the Goods, or hand it over to him in person upon receipt of the Goods claimed defective.

9.18 The Warranty entitlement expires if the defect in the Goods was caused by (i) mechanical damage to the Goods by the Customer or a third party, (ii) using the Goods in an inappropriate manner and contrary to its characteristics, (iii) an accidental event, (iv) tampering with the Goods by other than the authorized person. Defects caused by improper handling of the Goods and defects that occurred only after the delivery of the Goods other than as a result of a breach of duty by the Operator are also excluded from the Warranty. In the event that the Customer discovers that the Goods have been damaged during their transport to the Customer, he shall fill out a report on damage to the Goods during transport in the presence of the Courier (if possible), or upon collection at the Post office or in Paketa in the presence of an authorized employee of the Post office or Paketa. Subsequently, the filled out report shall be confirmed by the Courier, or, alternatively, by an authorized employee of the Post office or Paketa and submitted to the Operator as a complaint relating to damage to the Goods caused during their transport to the Customer.

9.19 The Operator is not liable for damages caused by third parties, which the Customer used to deliver the Goods claimed defective.

10. Withdrawal from the Contract

10.1 In accordance with Article 7 paragraph 1 of the Distance Selling Act, the Customer (who is a consumer) is entitled to withdraw from the Contract, without giving any reason, within 30 days from the date of receipt of the Goods (hereinafter referred to as the “Withdrawal period“). The Customer may withdraw from the Contract, the subject of which is delivery of the Goods, even before the commencement of the Withdrawal period.

10.2 The Withdrawal period is maintained if the notification of withdrawal from the Contract has been sent to the Operator no later than on the last day of the Withdrawal period.

10.3 The Customer may exercise his right to withdraw from the Contract by delivering to the Operator his unilateral legal act, from which the Customer’s desire to withdraw from the Contract is obvious. In the notification of withdrawal, the Customer shall also state the reason for withdrawal, unless it is a case where the Customer is in accordance with the law entitled to withdraw from the Contract without giving a reason. If the Customer withdraws from the Contract pursuant to Article 7 paragraph 1 of the Distance Selling Act, he may use the standard form for withdrawal from the Contract, which forms Annex no. 1 of these Terms and Conditions and which will be sent to the Customer at the same time in a printed form together with the Goods Notification of withdrawal from the Contract may be delivered to the Operator in a printed form to the address of the Operator’s place of business, or, alternatively, in an electronic form to the e-mail address: info@lubive.com. 

10.4 In the event of withdrawal from the Contract, the Customer is obliged to return the Goods to the Operator at his own expense no later than 14 days from the date of withdrawal from the Contract,. This period is maintained if the Goods have been handed over for carriage no later than on the last day of the period. The Customer acknowledges that in the event of withdrawal from the Contract pursuant to Article 7 paragraph 1 of the Distance Selling Act, the Customer is obliged to return the Goods to the Operator in their original condition, intact, and in the original packaging, with all the original tags or labels attached, so that the Operator can determine its condition, characteristics, and functionality. The Customer shall only be liable for any decrease in the value of the Goods resulting from handling of the Goods which is beyond that necessary to establish the characteristics and functionality of the Goods. At the same time, the Goods must be complete with all components as contained in the original packaging. The Customer is obliged to return the Goods to the address of the Establishment via Post office (but not as cash on delivery, or as a package to be collected at the Post office), by the Courier, or hand it over in person at the Operator’s Establishment. The Operator recommends to the Customer to insure the Goods.

10.5 The Operator is obliged to return to the Customer all payments received from him under the Contract or in relation to it, including shipping, delivery and postage costs, as well as other costs and fees, and to do so without undue delay, no later than 14 days from the date of the receipt of the notification of withdrawal from the Contract, but not before the Goods were delivered by the Customer to the Operator  or until the Customer proves that the Goods have been sent back to the Operator. This does not apply to additional costs in case the Customer has chosen a different type of delivery than the cheapest common method of delivery offered by the Operator.

10.6 The Operator is obliged to return the payments to the Customer pursuant to paragraph 10.5 using the same method that the Customer used in order to pay for the Goods. This does not affect the Customer’s right to agree with the Operator on another method of payment, or on a payment to a different account, providing that this does not result in the Customer being charged additional fees. If the Customer does not meet the conditions for withdrawal from the Contract, the Operator is not obliged to accept the withdrawal from the Contract by the Customer, and in such a case the Operator shall return the Goods to the Customer at the Customer’s expense.

10.7 The Operator is not liable to the Customer for damages caused by third parties, which the Customer used to return the Goods to the Operator, especially, but not exclusively, for the loss or damage to the shipment containing the Goods.

10.8 Except for the reasons stated elsewhere in these Terms and Conditions and for reasons arising from the law, the Operator is not responsible for delays and/or the Operator is entitled to withdraw from the Contract if:

(i) the delivery of the Goods by the Operator is hindered by extraordinary circumstances or obstacles on the part of the Operator, which arise independently of his will, cannot be foreseen at the time of conclusion the Contract and are not caused by the Operator (force majeure), especially lack of electrical energy or raw materials, strike, lock-out, war, mobilisation, insurgency, state of emergency and their changes, official measure, or delay or outages in subcontracting, but also epidemics, pandemics, etc. diseases, including the current situation associated with the spread of the COVID-19 pandemic (in this case, this also applies to obstacles that were foreseeable at the time of the conclusion of the Contract), or

(ii) personal data has been misused, a payment card has been misused, etc., or

(iii) an intervention by administrative or judicial authority occurs,  

(iv) the Customer (legal entity) enters the liquidation. 

10.9 Notification of withdrawal from the Contract may be delivered to the Customer by the Operator in a printed form to the Customer’s address of residence (registered seat or place of business) or, alternatively, in an electronic form to the Customer’s email address specified in the Order.

10.10 Prior to withdrawal from the Contract due to the reason under point (i) of paragraph 10.8 of these Terms and Conditions, the Operator undertakes to make reasonable efforts to eliminate extraordinary circumstances or obstacles, so that it is possible to resume the fulfillment of his obligations in accordance with these Terms and Conditions, and is obliged to immediately notify the Customer of the occurrence and subsequent termination of circumstances or obstacles. If a substitute performance is possible, the Customer is entitled to a substitute performance. In the event of withdrawal from the Contract by the Operator, the Operator shall refund to the Customer the price paid for the Goods immediately and no later than 3 days after receipt of the withdrawal from the Contract. The Operator is not liable to the Customer for any direct, indirect, or consequential damages and costs arising from or in connection with the non-fulfillment of obligations due to force majeure.

11. Dispute resolution

11.1 The Contracting Parties hereby undertake to make every effort to settle any disputes arising out of and/or in connection with the Contract amicably.

11.2 The Customer has the right to turn to the Operator (by e-mail. info@lubive.com) with a request for redress, if he is not satisfied with the way in which the Operator handled his Complaint, or if he believes that the Operator has violated his rights. If the Operator has responded to the request negatively or has not responded within 30 days from the date of sending the request, the Customer (who is a consumer) is entitled to submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution body in accordance with the ADR Act. An up-to-date list of alternative dispute resolution bodies is available here. The Customer may submit the proposal in the manner specified in Article 12 of the ADR Act. At the same time, the Customer may use a form available on the website of the respective ministry and each alternative dispute resolution body. This does not affect the possibility of going to court to resolve the matter.

11.3 The address for electronic submissions to the Slovak Trade Inspection is the SOI Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava 1, Supervision Department, e-mail: tt@soi.sk and for alternative dispute resolution: the Slovak Trade Inspection, Bajkalská 21/A, 827 99 Bratislava 27, e-mail: ars@soi.sk, website address: www.soi.sk. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes arising from the purchase contract between the seller and the buyer.

11.4 European Consumer Center Slovakia, with its registered office at Mlynské nivy 44/A, 827 15 Bratislava 212, Slovak Republic, phone number: +421 905 528 477, e-mail: ECCNET-SK@ec.europa.eu, is the contact point according to the 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 (Regulation on consumer ODR).

12. Personal data protection

12.1 The Customer is obliged to state his data correctly and truthfully and to inform the Operator without undue delay of any change in the data provided to the Operator.

12.2 The rights and obligations of the Operator and the Customer in relation to the protection of personal data are set out in the Privacy policy issued by the Operator.

13. Final provisions

13.1 If the relationship established by the Contract contains an international (foreign) element, then the Contracting Parties agree that their relationship is governed by Slovak law. This does not affect the rights of the Customer (consumer) arising from generally binding legal regulations.

13.2 The Contract is concluded for a definite period of time, namely for the period during which a specific Order is valid.

13.3 Unless expressly stated otherwise in these Terms and Conditions, or if the Contracting Parties do not agree in writing, no obligation of the Contracting Parties arising from the Contract shall be considered a fixed obligation in accordance with Article 518 of the Civil Code. 

13.4 If any provision of the Contract (including these Terms and Conditions) is or becomes invalid or ineffective, the invalid provisions will be replaced by provisions whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions of the Contract.

13.5 The Operator is not bound by any codes of conduct in relation to the Customer in the sense of Article  3 paragraph 1 letter n) of the Distance Selling Act.

13.6 The Contract, including the Terms and Conditions, is archived by the Operator in electronic form and is not available. At the Customer’s request, the Operator shall provide the Customer with a version of the Terms and Conditions valid and effective as of the date of conclusion of the Contract.

13.7 Legal relations not regulated by the Contract and the Terms and Conditions shall be governed by the relevant provisions of the Civil Code, the Consumer Protection Act, the Distance Selling Act, the Act on Electronic Commerce and other relevant provisions of the legislation in the Slovak Republic.

13.8 The Operator is entitled to provide the Goods on the basis of a trade license. Trade licensing inspection is carried out within the scope of its competence by the relevant district office, the trade licensing office. Supervision over the area of ​​personal data protection is performed by the Office for Personal Data Protection of the Slovak Republic. To a limited extent, the Slovak Trade Inspection also supervises compliance with the Consumer Protection Act. The Operator’s contact details are specified on the Operator’s Website.

13.9 Annex no. 1 to these Terms and Conditions consists of a template form for withdrawal from the Contract. Appendix No. 2 of these Terms and Conditions consists of the Consumer instructions on the seller’s liability for defects in the Goods and Appendix No. 3 of these Terms and Conditions consists of the Consumer’s Instruction on the exercise of the Consumer’s right to withdraw from the Contract.

13.10 These Terms and Conditions shall become effective as of 20th December 2022.

Annex no.1 – Template form for withdrawal from the Contract

Download: return form.pdf

Annex no.2 – Consumer instructions on the seller’s liability for defects in the Goods

Consumer instructions on the seller’s liability for defects in the Goods 

(pursuant to Article 622 and 623 of the Civil Code) 

In the event of a defect in the Goods, you, as a consumer, have the right to: 

A. in the case of a defect that can be removed (so-called removable defect) 

• demand free, timely and due removal of the defect; the Operator (Seller) is obliged to remove the defect without undue delay;
• demand an exchange of the Goods, or if the defect concerns only a part of the Goods, an exchange of such part, provided this does not give rise to disproportionate costs for the Operator (Seller) with respect to the price of the Goods or the severity of the defect; instead of removing the defect, the Operator (Seller) may always exchange the defective Goods for Goods without defects if this does not cause you (the buyer) serious difficulties. 

B. in the case of a defect that cannot be removed (so-called irremovable defect) 

• and provided this defect prevents the Goods from being properly used as Goods without a defect, you, as the Customer (the buyer), have the right to exchange the Goods or to withdraw from the Contract. You have the same rights in the case of removable defects if you, as a buyer, cannot use the Goods properly due to a repeated occurrence of a certain defect even after the repair or due to a larger number of defects; 
• In case of irremovable defects other than the aforementioned ones, you, as the buyer, are entitled to a reasonable discount on the Price of the Goods.

Annex no.3 – Instruction on the exercise of the consumer’s right to withdraw from the Contract

Instruction on the exercise of the consumer’s right to withdraw from the Contract

(pursuant to the Distance Selling Act) 

You have the right to withdraw from this Contract without giving a reason within 30 days.

The withdrawal period expires after 30 days from the day (i) when you or a third party determined by you, except the carrier, take/s over the Goods, or (ii) in case the Goods ordered in one Order are delivered separately, when you or a third party determined by you, except the carrier, take/s over the Goods that were delivered as a last one, or (iii) in case the Goods consisting of several parts or pieces are delivered, when you or a third party determined by you, except the carrier, take/s over the last part or piece of the Goods. 

When exercising the right to withdraw from the Contract, please, inform us of your decision to withdraw from this Contract by an unequivocal statement. Withdrawal from the Contract shall be delivered to the Operator in printed form to the address of the Operator’s place of business or of the Establishment  or, alternatively, in an electronic form to the e-mail address: info@lubive.com. For this purpose, you can use the template form for withdrawal from the Contract according to Annex no. 1, which forms an attachment to these Terms and Conditions, and which we have also sent to you at the same time in a printed form together with the Goods. 

The withdrawal period is maintained if you submit the notification of withdrawal from the Contract before the withdrawal period expires. 

Consequences of withdrawal from the Contract 

Upon withdrawal from the Contract, we will refund all payments you have made in connection with the conclusion of the Contract, in particular the purchase price, including the costs of delivery of the Goods to you. This does not apply to additional costs if you have chosen a delivery method other than the cheapest standard delivery method we offer. Payments will be returned to you without undue delay, no later than 14 days from the date we receive your notification of withdrawal from this Contract. The payments will be returned using the same method that you have used when making the payment, unless you have explicitly agreed to another payment method without charging any additional fees. 

The payment for the purchased Goods will be returned to you only after delivery of the returned Goods to our address.

We request you to send the Goods back to us or bring them to the address of our Establishment no later than 14 days from the date of exercising the right to withdraw from the Contract. This period is maintained if you return the goods before the 14-day period expires. 

The direct costs of returning the Goods are borne by you. The estimated costs are 5 EUR. 

You are only responsible for any reduction in the value of the Goods resulting from handling the Goods in a manner other than as necessary to determine the nature, features and functionality of the Goods.