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GENERAL TERMS AND CONDITIONS

These general terms and conditions ("Terms and Conditions") govern the rights and obligations of you, as the buyer, and us, as the seller, in contractual relationships concluded through the e-shop on the website www.nicohop.eu.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found in a separate document entitled "Privacy Policy" available on the website www.nicoshop.eu. 

In entering into the Contract, means of distance communication are used which allow Us to come to an agreement without the simultaneous physical presence of Us and You.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Please note that access to the website www.nicoshop.eu as well as the conclusion of the Contract is only possible for natural persons over 18 years of age. When accessing the www.nicoshop.eu website, you must enter your date of birth to confirm that you are over 18 years of age and therefore eligible to purchase products containing nicotine, which is a highly addictive substance. If you are under 18 years of age, please do not access our website. If you confirm that you are of legal age, even though you are under 18, we will not be liable for your actions on our site.

PLEASE KEEP IN MIND: WE ARE NOT RESPONSIBLE ANYMORE FOR YOUR ORDER ONCE IT HAS LEFT OUR WAREHOUSE! You order at your own responsibility and there is no warranty with your order!

 

1. SOME DEFINITIONS

1.1 The Price is the amount of money you will pay for the Goods;

1.2. the Shipping Price is the sum of money you will pay for the delivery of the Goods, including the cost of packing them;

1.3 The total price is the sum of the Price and the Shipping Charge;

1.4. VAT is value added tax under applicable law;

1.5 E-shop means the online shop operated by Us at www.nicoshop.eu where the purchase of the Goods will take place;

1.6 Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price;

1.7 We are Brotoco, s.r.o., with registered office at J. Kozačeka 1842/34, 960 01, Zvolen, ID No. 54 484 502, registered in the Commercial Register maintained by the District Court of Banská Bystrica, Section Sro, Insert No. 43253/S, e-mail info@nicoshop.eu, legally referred to as the Seller;

1.8 An Order is Your proposal to enter into a Contract for the purchase of Goods with Us;

 

1.9.       Goods means anything you may purchase on the Shop;

1.10. User Account is an account set up by You based on the details You provide, which allows You to store the details You have entered and to keep a history of the Goods You have ordered and the contracts You have entered into;

1.11. You are the person shopping on Our E-Shop, legally referred to as the Buyer;

1.12. the Contract is a contract of sale agreed on the basis of a duly completed Order sent via the E-Shop, and is concluded at the moment you receive an Order Confirmation from Us.

 

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1 Purchase of the Goods is only possible through the web interface of the e-shop.

2.2 When purchasing the Goods, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information provided by You when ordering the Goods to be correct and truthful.

2.3 We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

2.4 It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

2.5 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

2.6 Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2.7 You agree to use this Site only for lawful purposes, and that you are responsible for your use of the Site. You agree that you will not access this Site from any territory where its use or contents is illegal, Brotoco nor our affiliates, are responsible for compliance with applicable local laws.

2.8 You recognize that access to this site is limited to people 18 years or older.

2.9. No Warranty - Brotoco provides the Site and any related Services “as is” and without any warranty or condition, express, implied or statutory. Brotoco and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

2.10 Liability Limit - In no event shall Brotoco or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site, our Services, the products or this agreement (however arising, including negligence).

2.11 Indemnity - You agree to indemnify and hold Brotoco and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

2. 12 Legal Compliance - You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Brotoco’s Site and any related Services and your listing, purchase, solicitation of offers to purchase, and sale of items.

2.13 This agreement shall be governed in all respects exclusively by the laws of Slovakia.

2. 14 We do not take responsibility on any merchandise returned on behalf of the receiving country as “Unclaimed” for whatever reason/s or ” refused by Customs for any reason/s.”

 

 

3. CONCLUSION OF THE CONTRACT

3.1 The contract with Us can be concluded in Slovak, English or German.

3.2 The contract may only be concluded by a natural person over 18 years of age.

3.3 The contract is concluded remotely via the e-shop, whereby the costs for the use of remote means of communication are borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us over and above the Total Price. By submitting an Order, you agree to the use of remote means of communication.

3.4 In order for Us to enter into the Contract, You must create a draft Order on the e-shop. This proposal must contain the following information:

(a) Information about the Goods you are purchasing (on the e-shop you indicate the Goods you are interested in purchasing by clicking on the "Add to Cart" button);

1. b) Information about the Price, Shipping Charge, VAT, method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user environment of the e-shop, while the information about the Price, Shipping Charge, VAT and the Total Price will be given automatically based on the Goods selected by you and the method of their delivery;
2. c) Your identification data used to enable us to deliver the Goods, in particular within the scope of first name, surname, delivery address, telephone number, email address, etc.;

3.5 You may change and check the data during the creation of the Order proposal until it is created. Once the check has been made by pressing the button "I confirm the order, I agree to the terms and conditions and I am over 18 years of age", you will create the Order. After pressing the button "I confirm the order, I agree to the terms and conditions and I am over 18 years of age", all the completed information will be sent directly to us.

3.6 We will confirm Your Order as soon as possible after it is received by Us by an automated message sent to the email address provided in Your Order.The "Order Confirmation" will include a summary of the Order. Confirmation of the Order by Us constitutes the conclusion of the Contract between Us and You.The Terms and Conditions as in force on the date of the Order form an integral part of the Contract.

3.7 There may be occasions when we are unable to confirm an Order to you. These are mainly situations where the Goods are not available or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of units of the Goods in advance within the e-shop and so it should not come as a surprise to you.If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order.The Contract is then concluded at the time that Our offer is confirmed by You.

3.8 In the event that the Contract is concluded, You shall be liable for payment of the Total Price.

3.9 In some cases We may allow a discount on the purchase of Goods.In order for a discount to be granted, you must fill in details of that discount in the pre-designated box within the Order proposal.If you do so, the Goods will be provided to you at a discount.

 

4. PURCHASE WITHOUT REGISTRATION

4.1 It is possible to create a draft Order on the Website without registration.

4.2. Only persons over 18 years of age are allowed to create an order proposal!

4.3 When creating an order, it is your responsibility to enter all the data correctly and truthfully. As a general rule, the following information is required:

- first and last name and surname

- address (street, postal code, postcode, city and country

- e-mail address

- telephone number

- confirmation of your age that you are over 18 years old.

 

5. USER ACCOUNT

5.1 It is possible to create a draft Order after prior registration, i.e. creating a User Account on the website www.nicoshop.eu.

5.2 The creation of a User Account is only permitted for persons over 18 years of age.

5.3 Based on your registration within the e-shop, you can access your User Account.

5.4 When registering for a User Account, it is your responsibility to enter all the details correctly and truthfully. As a general rule, this includes the following data:

- first and last name

- address (street, postal code, postcode, city and state)

- e-mail address

- telephone number

- password

- confirmation of your age that you are over 18 years old.

5.5 Access to the User Account is secured by email and password. It is your responsibility to maintain confidentiality regarding these access details and not to disclose these details to anyone. In the event that they are misused, we shall not be liable for this.

5.6 In the event of any change to the personal data provided at registration, you are obliged to update the data. In the process of creating an Order, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. 

5.7 The User Account is personal and you are therefore not entitled to allow its use by third parties.

5.8 You may cancel your User Account at any time by sending an email to info@nicoshop.eu. If you cancel your account with us, we will proceed to delete all data within days of receiving your request.

5.9 We may terminate your User Account, in particular if you have not used it for more than 12 months or if you are in breach of your obligations under the Contract

5.10 The User Account may not be available continuously, in particular in respect of necessary hardware and software maintenance.

 

6. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

6.1 The price is always stated in the e-shop, in the Order proposal and in the Contract. In the event of a discrepancy between the Price stated for the Goods within the e-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. The Price for shipping or the conditions when shipping is free of charge shall also be indicated within the Order proposal.

6.2 The total Price is quoted inclusive of VAT, including any charges provided for by specific legislation.

6.3 Payment of the Total Price will be required from You after the Contract has been entered into and prior to delivery of the Goods. You may make payment of the Total Price by the following method: Payment by credit card through Tatrapay's payment gateway. In this case, the Goods will be dispatched after the funds in the amount of the Total Price have been credited to our account.

6.4 An invoice will be issued upon payment of the Total Price and will be physically attached to the Goods.

6.5 Title to the Goods will only pass to you once you have paid the Total Price and accepted the Goods.

 

7. DELIVERY OF THE GOODS, PASSING THE RISK OF ACCIDENTAL DESTRUCTION AND ACCIDENTAL DETERIORATION OF THE OBJECT OF PURCHASE

7.1 The goods will be delivered to you by GLS courier company.

7.2 The prices for delivery of the goods are as follows:

- GLS courier (order up to 99,00 EUR) - 6,90 EUR

- GLS courier (order over 99,00 EUR) - FREE

7.3 Payment via the payment gateway is not charged.

7.4 You are obliged to prove that you are over 18 years of age when collecting the goods. The courier or the person issuing the parcel is entitled and obliged to check your age. In the event that you do not provide credible proof that you are over 18 years of age, the shipment will not be issued to you.

 

7.5 We are obliged to deliver the Goods to You promptly, but no later than 30 days from the date of the Contract. In the performance of the Contract, such events may occur which will affect the date of delivery of the Goods ordered by You. We will inform you immediately by e-mail about the change of the delivery date and the new expected delivery date of the ordered Goods, without prejudice to your right to withdraw from the Contract. Our notification of the new delivery date of the Goods shall include Our request to You to tell You whether You insist on delivery of the Goods ordered by You on the new date.

7.6 On receipt of the Goods from the carrier, it is Your responsibility to check the integrity of the packaging of the Goods and in the event of any damage to the Goods, to notify the carrier and Us immediately. In the event that there is any damage to the packaging which is indicative of tampering and tampering, it is not Your obligation to accept the Goods from the Carrier.

7.7 You are obliged to take delivery of the goods at the agreed time and place. If you do not take delivery of the Goods in accordance with the preceding sentence, we will notify you by email where you can collect the Goods, including the time limit for collection, or we will redeliver the Goods to you on your written request sent no later than 14 days after you should have collected the Goods, and you undertake to pay us all costs associated with redelivery of the Goods.In the event that You breach Your obligation to take delivery of the Goods, except in accordance with clause 6.4 of these Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not be a repudiation of the Contract between Us and You.If You do not take delivery of the Goods even if You do not take delivery of the Goods within an additional period of time, We shall be entitled to withdraw from the Contract on the grounds of Your material breach of the Contract.If We decide to exercise the right in question, the cancellation shall be effective on the date We deliver the cancellation to You.Withdrawal from the Contract shall not affect any claim for damages in the amount of the actual cost of attempting to deliver the Goods or any further claim for damages, if any.

7.9 If, for reasons arising on Your part, the Goods are redelivered or delivered in a different manner from that agreed in the Contract, it is Your responsibility to reimburse Us for the costs of such redelivery.Payment details for payment of these costs will be sent to You at Your email address set out in the Contract and are payable within 14 days of receipt of the email.

 

8. RIGHTS UNDER LIABILITY FOR DEFECTS

 

8.1 Introduction to liability for defects

8.1.1 We undertake to deliver the Goods to you in the required quality, quantity and free from defects.

8.1.2 We shall be liable for any defects in the Goods on receipt. In the case of Goods sold at a lower price, We shall not be liable for defects for which a lower price has been agreed.

8.1.3 The general warranty period is 12 months unless otherwise stated on the Goods. The warranty period commences from the time of acceptance of the Goods by you.

8.1.4 If the Goods are replaced, the warranty period will start again from the date of receipt of the new Goods by You.

8.1.5 Your rights under liability for defects in the Goods for which the Warranty Period applies will be extinguished if you do not exercise them within the Warranty Period. However, you must exercise your liability rights for perishable Goods no later than the day after purchase, otherwise your rights will be extinguished.

8.2 We warrant that at the time of the passing of the risk of accidental deterioration and accidental deterioration of the Goods, the Goods are free from defects, in particular that:

1. a) it has the characteristics that we have agreed with you and, if not expressly agreed, then those that we have stated in the description of the Goods or those that can be expected given the nature of the Goods;

(b) it is fit for the purposes we have stated or for the purposes which are usual for Goods of that type;

(c) it conforms to the quality or workmanship of the agreed sample if the quality or workmanship has been determined by reference to a sample;

(d) it is in the appropriate quantity and weight;

(e) meets the requirements imposed on it by special legislation;

(f) it is not encumbered by the rights of third parties.

 

8.3 Conditions for exercising the right of liability for defects (claims)

8.3.1. If the Goods are delivered to you in broken or damaged packaging or the parcel is obviously too light, we ask you not to accept such Goods from the transport company and to notify us immediately by e-mail at info@nicoshop.eu. In the event of obvious defects (e.g. mechanical damage) being detected, you must make a claim without undue delay in the manner set out in clause 8.4.1 below. We will disregard a claim made later due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.

8.3.2 You must assert the right of liability for other defects (latent defects) in the manner set out in clause 8.4.1 below without undue delay after you have discovered the defect in the Goods, but no later than the expiry of the warranty period.

8.3.3 The warranty shall only cover manufacturing defects in the Goods and defects caused by mechanical damage. In particular, you cannot claim liability for defects caused by wear and tear, mechanical damage, use of the Goods in unsuitable conditions, etc.

8.3.4 You are not entitled to claim the right of liability for defects if you were aware of the defect prior to taking delivery of the Goods, or if we have notified you of the defect, or if you have been given a reasonable discount on the price of the Goods for this reason.

 

8.4 Exercise of the right of liability for damages (claims)

8.4.1. In the event that the Goods are defective, i.e. in particular if any of the conditions under clause 8.12 are not fulfilled, you may notify Us of such defect and exercise your rights under liability for defects (i.e. claim the Goods) by sending an e-mail or letter to Our address as stated in Our identification data, or in person at Our premises. You may also use the sample form provided by Us, which is attached as Appendix 1 to the Terms and Conditions, to make a claim.

8.4.2 In Your notice of claim, You shall in particular provide a description of the defect in the Goods and Your identification details, including the email address at which You wish to receive notification of the manner in which the claim is to be handled, and shall also indicate which of the liability claims specified in clauses 8.5.4 to 8.5.8 You are claiming under defect liability.

8.4.3 When making a claim, you must also provide us with any proof of purchase of the Goods (e.g. invoice, bank statement, etc.) in order to prove that you purchased them from us, otherwise we are not obliged to accept your claim.

8.4.4 We consider the date of commencement of the claim procedure to be the date of delivery of the defective Goods together with the relevant documents (pursuant to clause 8.4.3). In the event that your complaint is incomplete (in particular illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will request you to complete the complaint in writing, i particular by e-mail.In this case, the complaint procedure begins on the day of receipt of your completed submission.

8.4.5 If You do not complete the complaint submitted pursuant to clause 8.4.4 of this article without undue delay, at the latest within 10 days of the date of Our receipt of the request pursuant to clause 8.4.4 of this article, We shall consider Your submission to be unfounded.

 

8.5 Processing of complaints

8.5.1 Based on your decision as to which of the rights under Section 622 and Section 623 of Act No. 40/1964 Coll. on the Civil Code, as amended (hereinafter referred to as the "Civil Code") (referred to in Sections 7.5.4. to 8.5.8.) you assert, we will determine the method of processing the complaint without undue delay, in complex cases within 3 working days from the date of your complaint at the latest. In justified cases, especially if a complex technical assessment of the condition of the goods is required, at the latest within 30 days from the date of your complaint.

8.5.2 Once we have determined how we will process the complaint, we will process the complaint immediately; in justified cases, we may process the complaint later; however, it may not take longer than 30 days from the date of the complaint. After the expiry of the period for processing the complaint, you have the right to withdraw from the contract or you have the right to replace the goods with new goods, if applicable.

8.5.3 We must issue you with written evidence of settlement of the complaint within 30 days of the date of the complaint and will notify you by email that the complaint has been settled. If the complaint is accepted, we will replace the Goods with new Goods or refund the price paid for the Goods, unless we agree otherwise.

8.5.4 Instead of repair, you may request replacement of the Goods or, if the defect affects only part of the Goods, replacement of that part, unless we incur disproportionately high costs in relation to the price of the Goods or the seriousness of the defect.

8.5.5 Instead of remedying a defect in the Goods, we may always replace the defective Goods with Goods that are free from defects if this does not cause you any major inconvenience.

8.5.6 If there is a defect in the Goods which cannot be remedied and which prevents you from using the Goods properly as if they were free from defects, you have the right to have the Goods replaced or to cancel the Contract. You have the same rights if the defect is repairable but you are unable to use the goods properly because of the recurrence of the defect after repair or because of a large number of defects.

8.5.7 In the case of other defects that cannot be remedied, you are entitled to a reasonable discount on the price of the goods.

8.5.8 We will settle the complaint by handing over the repaired Goods, replacing the Goods, refunding the price of the Goods, paying a reasonable discount on the price of the Goods, requesting you in writing to accept the service (the Goods) or rejecting the complaint on reasonable grounds.

8.6 The exercise of the rights of liability for defects and claims for goods is governed by the provisions of Sections 619 et seq. 250/2007 Coll. 372/1990 Coll. on criminal offences, as amended (hereinafter the "Consumer Protection Act") and Act No. 102/2014 Coll. on the protection of consumers in the sale of goods or the provision of services under a distance contract or a contract concluded outside the Seller's business premises and on amendments and additions to certain acts, as amended (hereinafter the "Distance Selling Consumer Protection Act").

 

8.7 If you make a claim for goods:

1. During the first 12 months after the purchase of the Goods, we may only reject your claim on the basis of a professional judgement; regardless of the outcome of the professional judgement, we will not require you to pay the cost of the professional judgement or any other costs associated with the professional judgement. We will provide you with a copy of the professional opinion justifying the rejection of the claim within 14 days of the date of the claim;
2. after 12 months from the date of purchase and if we have rejected such a claim, we will indicate in the claim document to whom you can send the goods for a professional assessment. If you send the goods to a particular person for expert assessment, the costs of the expert assessment and any other costs reasonably incurred in this connection will be borne by us, regardless of the outcome of the expert assessment. If you prove that the expert's report establishes our liability for the defect in the goods, you may make a new claim and the warranty period will not expire while the expert's report is being carried out. We must reimburse you for all costs of the expert assessment and all reasonable costs incurred in connection with it within 14 days of the reassertion of the claim. The reasserted claim cannot be rejected.

 

8.8 If you are an entrepreneur, you are obliged to notify and complain about the defect immediately after you have discovered it, but no later than 3 days after receipt of the goods.

8.9 If you are a consumer, you have the right to assert liability rights for defects that occur in consumer goods within 24 months of receipt of the goods.

8.10 We have hereby duly informed you of your rights under Section 622 and Section 623 of Act No. 40/1964 Coll. of the Civil Code. By concluding the contract, you confirm that you have had the opportunity to read the conditions for claiming the goods.

 

9. CANCELLATION OF THE CONTRACT

9.1 Withdrawal from the contract, i.e. termination of the contractual relationship between us and you from its commencement, may take place for the reasons and in the manner specified in this article or in other provisions of the General Terms and Conditions in which the possibility of withdrawal is expressly mentioned.

9.2 If you are a consumer, i.e. a person who purchases the Goods outside the course of their business, you have the right to cancel the Contract without giving any reason within 14 days from the date of delivery of the Goods in accordance with the provisions of Section 7 of the Distance Selling Consumer Protection Act. If we have entered into a contract which covers several types of goods or the delivery of several parts of the goods, this period shall begin on the date of delivery of the last part of the goods, and if we have entered into a contract under which we deliver the goods to you regularly and repeatedly, it shall begin on the date of delivery of the first delivery. You may cancel the contract in any demonstrable way (in particular by sending an e-mail or letter to us at the address given next to our identification details). You may also use the model cancellation form provided by us, which is attached as Appendix 2 to the Terms.

9.3 However, you cannot withdraw from the contract, even as a consumer, if the subject matter of the contract:

(a) the sale of goods whose price depends on price fluctuations on the financial market which are beyond our control and which may occur during the cancellation period;

(b) the sale of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, the delivery of which can take place after 30 days at the earliest and the price of which depends on price fluctuations on the financial market which are beyond our control

1. c) the sale of goods manufactured to your specific requirements, customised for you or goods designed specifically for an individual consumer;
2. d) the sale of goods that are subject to rapid deterioration or are perishable, as well as goods that have been inseparably mixed with others after delivery;
3. e) the sale of goods in protective packaging that are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery;

(f) the sale of sound recordings, visual recordings, audiovisual recordings or computer software sold in protective packaging if the original packaging is damaged;

(g) the sale of periodicals, except for sales under subscription contracts, and the sale of books which are not supplied in protective packaging;

(h) the supply of electronic content, unless it was supplied on a tangible medium and provided with your prior express consent before the end of the cancellation period and we have informed you that you have no right to cancel the contract.

 

9.4 The cancellation period under clause 9.2 of the Terms shall be deemed to have been observed if you send us notice of your withdrawal from the Contract during the cancellation period.

9.5 In the event of cancellation of the contract, the price will be refunded to you within 14 days from the date of effective cancellation to the account from which it was credited or to the account you selected for cancellation of the contract. However, the amount will not be refunded until you have returned the goods to us or can prove that they have been returned to us. Please return the goods to us clean, including the original packaging if possible.

9.6 If you cancel the Contract in accordance with clause 9.2 of the Conditions, you must return the Goods to us, or to a person authorised by us to receive the Goods, within 14 days of cancellation and you must pay the cost of returning the Goods to us. This does not apply if we agree to collect the goods personally or through a person authorised by us. The deadline is met if the goods have been handed over for transport on the last day of the deadline at the latest. In return, you are entitled to a refund of the transport price by us, but only in the amount of the cheapest mode of transport offered by us for the delivery of the goods.

9.7 You are liable to pay compensation if the goods are damaged because you handle them in a way that deviates from what is necessary in view of their nature and condition. In such a case, we will invoice you for the damage caused after the goods have been returned to us and the invoice amount is due for payment within 14 days.

9.8 We shall be entitled to cancel the Contract if the Goods are out of stock, unavailable or if the manufacturer, importer or supplier of the Goods agreed in the Contract has ceased production or made significant changes which make it impossible for us to fulfil our obligations under the Contract, or for reasons of force majeure, or if despite all our efforts which may reasonably be required of us we are unable to deliver the Goods to you within the time specified in these Conditions. In such cases, we will inform you of this fact immediately and refund you the total price of the goods already paid for within 14 days from the date of notification of cancellation of the contract. We will refund the total price of the goods to you in the same way as you paid the total price, without prejudice to our right to agree a different method of refund with you, provided that no further costs will be incurred in connection with this.

9.9 We are also entitled to cancel the contract if you have not taken delivery of the goods within 7 working days of the date on which you were required to take delivery of the goods.  

 

10. SUBMISSION OF COMPLAINTS AND SUGGESTIONS

10.1 As a consumer, you have the right to submit complaints and claims in writing by e-mail to: info@nicoshop.sk.

10.2 We will inform you about the assessment of your complaint or suggestion by e-mail to your e-mail address.

10.3 The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Banská Bystrica Region, with its registered office at Dolná 46, 974 00, Banská Bystrica, Slovakia, tel. no. 048/ 412 49 69.

10.4 If you are not satisfied with the handling of your complaint or objection, you can also submit your complaint electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.

11. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS

11.1 You have the right to contact us with a request for redress by sending an email to the following address: info@nicoshop.sk. If you are not satisfied with the way we have handled your complaint or if you believe that we have violated your rights, if we respond negatively to your request or if we do not respond to your request within 30 days of sending it, you have the right to submit a request for alternative dispute resolution to an alternative dispute resolution body (hereinafter referred to as the "Body") in accordance with Act no. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amending and Supplementing Certain Acts, as amended (hereinafter referred to as the "Alternative Dispute Resolution Act").

11.2 The entities are bodies and authorised legal entities pursuant to Section 3 of the Act on Alternative Dispute Resolution and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

11.3 You may file a complaint in the manner specified in Section 12 of the Alternative Dispute Resolution Act.

11.4 You also have the right to initiate an out-of-court dispute resolution online via the ODR platform at https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297 or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

12. FINAL PROVISIONS

12.1 All written correspondence with you will be sent by electronic mail. Our e-mail address is indicated in our identification data. We will send the correspondence to your e-mail address specified in the Agreement or in your user account or through which you have contacted us.

12.2 The contract can only be amended by written agreement between us. We are entitled to amend these terms and conditions, but this amendment will not affect contracts already entered into, but only contracts entered into after the amendment comes into force. However, we will only notify you of the change if you have created a user account (so that you have this information in case you order new goods, but the change does not trigger a right of cancellation as we do not have a contract that can be cancelled) or if we are to supply you with goods on a regular and recurring basis under the contract. We will send you information about the change to your email address at least 14 days before the change comes into effect. If we do not receive notice from you within 14 days of sending the change notice, the new terms will become part of our contract and will apply to the next delivery of goods following the effective date of the change. The cancellation period in the event that you cancel is 2 months.

12.3 In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational disruptions, cancellations of subcontractors, etc.), we shall not be liable for any damage arising as a result of or in connection with the force majeure or unforeseeable events, and if such a situation lasts longer than 10 days, we and you shall have the right to withdraw from the contract.

12.4 A sample form for complaints and a sample form for cancellation are attached to the General Terms and Conditions.

12.5 The contract, including the terms and conditions, is archived electronically by us, but is not accessible to you. However, you will always receive these terms and conditions and order confirmations with a summary of the order by e-mail, so that you have access to the contract at all times without our intervention. We recommend that you always save the order confirmation and the General Terms and Conditions.

12.6 We are not subject to any code of practice under section 3(1)(n) of the Distance Selling Consumer Protection Act.

12.7 These Terms come into force on 1 January 2024.