1. General provisions and basic concepts

  1. These General Terms and Conditions apply to distance contracts through the online store www.wuly.eu between the Seller and the Buyer in accordance with Act No.102/2014 Z.z. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the Seller and on amendments to certain laws, act No.250/2007 Z.z. on consumer protection and on amendment of the Act of the Slovak National Council No.372/1990 Ec. on offences as amended (hereinafter referred to as “Act No.250/2007 Z. z.).
  2. The seller is Wuly s.r.o., with its registered office at Anton Florek 8780/1A, 841 06 Bratislava – Záhorska Bystrica District, ID: 53 424 336, registered in the Commercial Register of the District Court Bratislava I, Section sro, Insert No. 149145/B (hereinafter referred to as “Seller”).
  3. The buyer is a natural person or legal entity competent for legal acts (hereinafter referred to as “buyer”).
  4. The buyer is a consumer in the case of a natural person who, when concluding and performing a consumer contract, does not act in the course of his business, employment or profession (hereinafter referred to as “the consumer”).
  5. If the buyer is a natural person and states a Company Identification Number (IČO) in the order, they acknowledge that they cannot be considered a consumer and the rules set out in point 1.6 of these general terms and conditions apply to them.
  6. The seller’s legal relations with a buyer who is not a consumer and which are not expressly regulated by these General Terms and Conditions are governed by the relevant provisions of Act No.513/1991 Zb. of the Commercial Code, as amended, as well as related legislation. The provisions of Article V., VI. and VIII of these General Terms and Conditions, unless otherwise agreed by the Parties by special written agreement, shall not apply.
  7. Online store or e-shop refers to the e-commerce website of www.wuly.eu.
  8. Additional costs mean the difference between the delivery costs chosen by the consumer and the cost of the cheapest normal delivery method offered by the seller.
  9. Complaints means the claim of liability for defects in goods (products) purchased through the online store www.wuly.eu.

2. Product Orders and Sales Contract

  1. The purchase contract is executed through the online store, i.e., using a means of distance communication. The cost of the means of distance communication (internet and telephone connection) is no different from the rate charged by the Internet or dial-up provider and the seller does not charge any additional fees in this regard.
  2. When shopping in the online store, the buyer proceeds by inserting the selected goods into the shopping cart by clicking on the “Add to Cart” button. At the end of the purchase, the buyer fills in his details, name and surname, billing address, address for delivery of the goods, especially if it is different from the billing address, e-mail, telephone contact, chooses the method of delivery of the goods and payment. After reviewing and summarizing the order, the buyer submits the order by clicking on the “Order with payment obligation” button.
  3. By submitting the order, the Buyer confirms that he has been informed that the order includes an obligation to pay the purchase price.
  4. The order is binding. The order may be cancelled only by agreement of the parties or for legal reasons. In the case of a buyer who is a consumer, it is also possible to withdraw from the contract in accordance with Article V. of these General Terms and Conditions.
  5. Acceptance of the order will be confirmed by the seller by e-mail, which the buyer stated in the order. The delivery of the acknowledgement of receipt of the order shall be deemed to have been concluded.
  6. Ownership passes to the Buyer by taking possession of the property by the buyer at the place of delivery specified by them. The risk of accidental destruction and accidental deterioration of the purchased object, including benefits, passes to the buyer at the same time as the acquisition of ownership.

3. Price and method of payment for goods

  1. The prices shown in the online shop are shown in euro, including value added tax (hereinafter referred to as the “price of goods”).
  2. The price of the goods does not include transport and postage costs, which depend on the chosen method of payment for the goods and transport by the buyer. Before submitting the order, the buyer will see the total price of the goods, including value added tax, as well as shipping (delivery) and postage costs if they are charged.
  3. The Seller reserves the right to adjust the price of the goods and to conduct advertising and discount promotions on the offered goods, in accordance with the applicable generally binding legal regulations of the Slovak Republic. Such an adjustment of the price of the goods does not apply to sales contracts concluded prior to the publication of the adjustment of the price of the goods, respectively for goods already ordered by the buyer.
  4. If, as a result of an error in the system, the offered goods display a price that differs significantly from the price of the usual, from the price of similar or identical goods at which it is normally available, or if the goods show another obvious error in the price of the goods (e.g. the price of the goods in the amount of “0 EUR”), the seller is not obliged to deliver the goods at such a defective price of the goods, but can offer the buyer the delivery of the goods at a regular price. If the buyer in such a case does not agree with the delivery of the goods at a regular price, he may withdraw from the purchase contract.
  5. The goods can be paid for by one of the following methods chosen by the buyer in the process of making the order and then confirmed by sending the order:
    • cashless transfer to the seller’s bank account, stated in the confirmation e-mail or invoice together with other payment instructions (variable symbol, total price of goods, including transport and postage, seller’s account number, due date of the invoice),
    • cashless through Stripe (please note that the condition for using this method of payment is that the buyer has a payment card that allows the transfer of funds under these systems). In the case of non-cash payment of the price of the goods via the Stripe service, the buyer will be redirected to the websites of the providers of these services after sending the order, where they will pay for the ordered goods. The payment transaction itself will take place between the buyer and Stripe service.
  6. In the case of an order, resp. of the purchase contract, where one of the contracting parties is the consumer, after sending the order a change in the chosen method of payment of the price of the goods is possible only with the consent of both parties.

4. Delivery of goods and time limit for delivery of goods

  1. All goods offered in the online store www.wuly.eu are available in stock, unless the specific goods provide other information about the availability of goods (e.g., back order, etc.).
  2. The seller will send the goods to the buyer in accordance with the chosen method of delivery without delay, no later than 30 days from the date of conclusion of the contract. If the seller does not fulfill his obligation to deliver the item within the period in the first sentence and does not deliver the item even within the additional reasonable period provided to him by the buyer, the buyer has the right to withdraw from the contract.
  3. In the event that the Buyer has chosen as a method of payment for the ordered goods a non-cash transfer to the seller’s bank account or through Stripe, the seller shall send the goods to the buyer in accordance with the method of delivery chosen by the buyer immediately upon receipt of the price of the goods to the seller’s account, no later than 30 days from the date of conclusion of the contract.
  4. The place of delivery of the goods is the place that the buyer has listed as the place of delivery of the goods in the order. The buyer is obliged to take over the goods at the place of delivery of the goods, personally or to ensure that the goods are taken over by the person authorized by him.
  5. The goods may be delivered to the place of delivery by one of the methods of delivery specified in point 4.6 of these general terms and conditions. The buyer chooses the method of delivery of goods and the carrier in the process of making the order and then confirms by sending the order.
  6. Delivery of goods is carried out through the carrier. In the case of orders delivered in the territory of the Slovak Republic, delivery of goods is carried out via the courier company Direct Parcel Distribution SK s.r.o., transport is 3.50 EUR including VAT. Immediately before sending the consumer’s order, the consumer is always informed about the costs of transport, delivery, postage. Read more about the amount of transport, delivery, postage costs for selected countries.

    We currently cooperate with the following carriers:

    • GLS General Logistics Systems Slovakia s.r.o.,
    • Direct Parcel Distribution SK s.r.o.,
    • Sociedad Estatal Correos y Telégrafos, S.A. (Correos)
    • PPL CZ s.r.o.,
    • Hermes s.r.o.,
    • La Poste (colissimo),
    • DHL Parcel Slovensko spol. s.r.o.
  7. From the moment the goods are handed over for transport to the carrier until their delivery, the carrier is responsible for any damage. For this reason, we recommend that the buyer or a person authorized by him check the shipment, in particular, whether the packaging in which the goods are packaged is not damaged. In the event of damage to the shipment, we recommend writing a record of the damage of the shipment to the carrier (courier service or postal courier). In the event that the buyer discovers damage to the goods only after receipt, we recommend that you notify this fact immediately by e-mail to info@wuly.eu.

5. Withdrawal from the contract and the return of goods by the buyer

  1. The buyer who is a consumer is entitled to withdraw from the contract within 14 days without giving any reason.
  2. The withdrawal period expires 14 days after the date on which you or a third party other than the carrier designated by you takes over the goods. If the goods ordered by the consumer in one order are delivered separately, the withdrawal period expires after 14 days from the date on which you or the third party designated by you, with the exception of the carrier, takes over the goods that were delivered last. If goods consisting of several parts or pieces are supplied, the withdrawal period expires after 14 days from the date on which you or a third party other than the carrier designated by you, with the exception of the carrier, takes over the last part or piece. If the goods are delivered repeatedly within a limited period, the withdrawal period expires after 14 days when you or a third party other than the carrier designated by you takes over the first delivered goods.
  3. When exercising the right to withdraw from the contract, inform us of your decision to withdraw from this contract by an unambiguous statement (for example, by letter sent by post, fax or e-mail) to Wuly s.r.o., Antona Floreka 8780/1A, 841 06 Bratislava – Mestská časť Záhorska Bystrica or by e-mail at info@wuly.eu. For this purpose, you can use the sample form for withdrawal from the contract, which we sent you in the order confirmation, or which you can find here.
  4. The withdrawal period is maintained if you send a notice of the exercising of the right of withdrawal before the withdrawal period expires.
  5. In case of withdrawal from the contract, send the goods back to us or bring it to our address at Wuly s.r.o., Antona Floreka 8780/1A, 841 06 Bratislava – Mestská časť Záhorska Bystrica no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be observed if you return the goods before the expiry of the 14-day period. The direct costs of returning the goods are borne by you. In the event of withdrawal from the contract, the subject of which being goods that due to their nature cannot be returned by post, the direct costs of returning the goods shall be borne by you. The estimated costs depend on the weight, size of the goods, the distance from which the goods are returned and the prices at which the selected carrier provides its services. The estimated amount of these costs is 2 to 50 EURO.
  6. After 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 cost of delivery of 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 refunded to you without undue delay, no later than 14 days from the date we receive your notice of withdrawal from this contract. Unless you have explicitly agreed to another method of payment, they will be paid in the same way as you used for your payment without any additional fees.
  7. Payment for the purchased goods will be paid to you only after delivery of the returned goods back to our address or upon presentation of a document proving the return of the goods, whichever comes first.
  8. You are solely responsible for any reduction in the value of the goods as a result of handling them other than as necessary to determine the nature, properties and functionality of the goods.
  9. In accordance with the law, and taking into account the type of goods sold, please note that it is not possible to withdraw from the contract the subject of which is the sale of goods made according to specific consumer requirements, goods made to order, or goods intended specifically for one consumer and additionally goods with protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery.
  10. The consumer may withdraw from the contract for which the supply of goods is subject even before the withdrawal period begins.
  11. The provisions of Article V. of these General Terms and Conditions shall apply to legal relations concluded between a seller and a buyer who is a consumer.
  12. The provisions of Article V. of these General Terms and Conditions shall apply to legal relations concluded between a seller and a buyer who is not a consumer solely on the basis of a written agreement between the seller and a buyer who is not a consumer.

6. Complaints (Complaints Procedure)

  1. In accordance with § 18 par. 1 and the relevant provisions of Act no. 250/2007 Z. z. on consumer protection and on the amendment of Act no. 372/1990 Z. z. on offenses as amended and the relevant provisions of Act no. 102/2014 Z. z. on consumer protection in the sale of goods or provision of services under a distance or off-premises contract in relation to the seller and amending certain laws, the seller duly informs the consumer of the conditions and manner of exercising rights for liability for defects (hereinafter “claims”), including data about where he can file a complaint and about performing warranty repairs.
  2. The seller is liable for defects that the sold item has when taken over by the buyer. In the case of used items, he is not responsible for defects caused by their use or wear and tear. For items sold at a discounted price, the seller is not responsible for the defect for which the discount has been negotiated. If the goods are not susceptible to quick spoilage or used items, the seller is liable for defects that occur after the receipt of the goods within the warranty period (warranty).
  3. The warranty period is 24 months. If the goods sold, its packaging or instructions are accompanied by a period of use, the warranty period shall not expire before the expiry of this period. In the case of a used item, the buyer and seller may also agree on a shorter warranty period, but not less than 12 months. The warranty card is issued at the request of the buyer. Proof of purchase is sufficient to make a claim.
  4. Warranty periods start from receipt of the property by the buyer.
  5. Buyer’s rights from liability for defects:
    1. in the case of a defect that can be removed, the buyer has the right to its free, timely and proper removal. The seller decides on how to remedy the defect and is obliged to remove the defect without undue delay.
    2. the buyer may, instead of removing the defect, require the replacement of the item or, if the defect concerns only part of the item, the replacement of the part, unless this incurs unreasonable costs for the seller due to the price of the goods or the severity of the defect.
    3. the seller can always, instead of removing the defect, replace the defective thing with a faultless one, unless this causes serious inconvenience to the buyer.
    4. in the case of a defect which cannot be removed, and which prevents the goods from being properly used as a non-defective property, the buyer has the right to exchange the goods or has the right to withdraw from the contract.
    5. the buyer has the right to exchange the item or the right to withdraw from the contract (i.e. refund the purchase price) even if it is a remediable defect, such that the buyer can not properly use the item due to the recurrence of the defect after repair or for a larger number of defects. (A recurrence of a defect after repair is considered to be a condition if the same defect occurs a third time after at least two previous repairs. A large number of defects are considered to be at least three different remediable defects at the same time, each of which prevents the proper use of the item.)
    6. in the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.
  6. Defect claims for which the warranty period applies will lapse if they are not exercised during the warranty period.
  7. The period from which the right to warranty repair is claimed until the time when the buyer was obliged to take over the item after the repair is completed does not count towards the warranty period. The seller is obliged to issue the buyer a confirmation of when he exercised the right, as well as of the repair and its duration.
  8. If there is a replacement, the warranty period will start again from the receipt of the new item. The same applies if the part for which the warranty has been granted is exchanged.
  9. Conditions and methods of a warranty claim, complaint procedure
    1. The buyer can file a complaint at the seller’s registered office where the acceptance of the complaint is possible with regard to the products sold or to a designated person. The designated person can only settle the complaint by handing over a repaired product, otherwise they will forward the claim to the seller for processing. In accordance with the above, the complaint can be made at the address of the seller’s registered office: Wuly s.r.o., with the registered office of Anton Florek 8780/1A, 841 06 Bratislava – Mestská časť Záhorska Bystrica, IČO: 53 424 336, by means of long-distance communication specifically e-mail at info@wuly.eu, or in writing to the address Wuly s.r.o., with its registered office at Anton Florek 8780/1A, 841 06 Bratislava – Mestská časť Záhorska Bystrica, IČO: 53 424 336. When making a complaint, the seller is entitled to request proof of purchase from the buyer.
    2. When making a claim, the seller determines the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of the claim, in justified cases such that a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of the claim. After determining how the complaint is handled, the complaint is settled immediately, in justified cases the complaint can be settled later; however, the settlement of the claim may not take more than 30 days from the date of the claim. If the subject of the claim is received by the seller on a later date than the date of the claim, the time limits for the settlement of the claim begin to run from the date of receipt of the object of the complaint by the seller; however no later from the moment when the seller prevents the takeover of the subject of the complaint. After the expiration of the period for handling the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
    3. The settlement of a complaint means the termination of the complaint procedure by handing over the repaired product, replacing the product, returning the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to take over the servicing or a reasoned rejection of the claim.
    4. The seller will issue a confirmation to the consumer about the complaint. If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than with delivery of the proof of the complaint; a confirmation of the claim need not be delivered if the consumer has the opportunity to prove the claim in another way.
    5. In accordance with the provisions of § 18 par. 6 and 7 of Act no. 250/2004 Z. z. the seller informs the buyer that if the buyer has made a complaint about the product within the first 12 months from purchase, the seller can handle the complaint by rejection only on the basis a professional judgment; Irrespective of the result of the professional assessment, the buyer may not be required to pay the costs of the professional assessment or other costs related to the professional assessment. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint. If the buyer has made a product complaint 12 months after purchase and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint handling document to whom the buyer can send the product for professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related and incurred costs, shall be borne by the seller regardless of the result of the expert assessment. If the buyer proves the seller’s responsibility for the defect by professional assessment, he can file a complaint again; the warranty period does not run during the professional assessment. The seller is obliged to reimburse the buyer, within 14 days from the date of re-application of the complaint, all costs incurred for professional assessment as well as all related necessarily incurred costs. Such re-submitted claims cannot be rejected.
    6. The Seller shall issue a written document on the handling of the complaint no later than 30 days from the date of its application, but no later when the document on the handling of the complaint is issued, if the time limit for its settlement started to run from the date of receipt of the subject of the complaint by the seller.
  10. The buyer is entitled to reimbursement of the necessary costs incurred in connection with exercising their rights related to liability of defects. In the case of exercising the right to reimbursement of necessary costs, the seller may request proof of payment from the buyer.
  11. The provisions of Article VI. of these general terms and conditions apply exclusively to the legal relationship existing between the seller and the buyer, who is a consumer.

7. Withdrawal from the purchase contract by the seller

  1. In the event that the stocks of the ordered goods are sold out, or the ordered goods are no longer produced or delivered, or in the event of an obvious error in the price of the ordered goods specified in point 3.4 of these general terms and conditions, the seller is entitled to withdraw from the contract.
  2. The seller is entitled to withdraw from the contract if the buyer has chosen the method of payment for the ordered goods by transfer to the seller’s bank account and the buyer has not paid the goods within the due date specified in the invoice.
  3. The seller is entitled to withdraw from the contract if the buyer has chosen a cash-less method of payment for the ordered goods through the Stripe system, and the seller does not receive from the buyer payment of the price of the goods for the ordered goods within three days from the date of conclusion of the purchase contract.
  4. Withdrawal from the contract is executed by the seller writing to the buyer’s e-mail address, which the buyer stated in the order. The seller’s valid withdrawal from the purchase contract is deemed to be the sending of a written notice of withdrawal to the Buyer by e-mail to the e-mail address specified in the buyer’s order.
  5. If, prior to withdrawal from the contract by the seller, the buyer has been paid the price of the goods or transport (delivery) and postage, the seller will return to the buyer all payments received from him under the contract or in connection with it within 10 days from the date of withdrawal from the contract by the seller.

8. Alternative dispute resolution

  1. Any dispute between the seller and the buyer, who is a consumer, can be resolved in the form of alternative resolution of consumer disputes within the meaning of Act No.391/2015 Z. z. on alternative resolution of consumer disputes and on amendments to certain laws.
  2. If the consumer is not satisfied with the way in which the seller has handled his claim or if he considers that the seller has violated his rights, he has the right to contact the seller with a request for redress. The consumer can address the request for redress in writing to Wuly s.r.o., Anton Florek 8780/1A, 841 06 Bratislava – Mestská časť Záhorska Bystrica, IČO: 53 424 336, or by e-mail to info@wuly.eu. If the seller responds negatively to the consumer’s request pursuant to the previous sentence or does not respond to such a request within 30 days from the date of dispatch by the consumer, the consumer has the right to make a proposal to initiate an alternative dispute resolution to the relavent ADR entity.
  3. Should a proposal be submitted by the consumer to the relevant ADR entity; the possibility of going to court is not affected.
  4. The relevant subject for alternative settlement of consumer disputes with the seller is the Slovak Trade Inspection, which can be contacted for this purpose at the Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Dispute Resolution, Bajkalská 21/A, poštový priečinok 29, 827 99 Bratislava 27 or electronically at ars@soi.sk or adr@soi.sk or another relevant authorized legal entity entered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (the list of qualified entities is available at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1), the consumer maintains the right to choose which of the above subjects of alternative dispute resolution to address. The consumer may use the online dispute resolution platform available on the Website of the European Commission to submit an application for alternative resolution of http://ec.europa.eu/consumers/odr/.

9. Final provisions

  1. The seller reserves the right to change these general terms and conditions, especially if required by a change in business policy or legislation. The general business conditions that were valid at the time of sending the order to the buyer will apply to the legal relations established between the seller and the buyer.
  2. The legal relations between the seller and the buyer, who is a consumer, not regulated by these general terms and conditions are subject in particular to the relevant provisions of Act no. 40/1964 Z. z. of the Civil Code, as amended, Act no. 250/2007 Z. z. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Zb. on offenses as amended, Act no. 22/2004 Z. z. on Electronic Commerce and on Amendments to Act No. 128/2002 Z. z. 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 Z. z. as amended and no. 102/2014 Z. z. 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.
  3. In case of complaints or suggestions addressed to our company, you can contact us in writing at the address: Wuly s.r.o., Antona Floreka 8780/1A, 841 06 Bratislava – Mestská časť Záhorska Bystrica, IČO: 53 424 336, by phone at: +421 233 221 055 or via e-mail: info@wuly.eu (please include a complaint or suggestion in the subject line). Your complaint or request will be carefully assessed by the seller and, if necessary, you may be contacted by the seller in order to resolve them.
  4. Supervision of compliance with the obligations by the seller in matters of consumer protection in accordance with applicable law is performed by: Inspectorate of the Slovak Trade Inspection based in Bratislava for the Bratislava Region, Bajkalská 21/A, P.O. BOX č. 5, 820 07 Bratislava, tel. no.: +421 02/58 27 21 72, +421 02/58 27 21 04.
  5. The rights and obligations between the seller and the buyer are governed by the law of the Slovak Republic.
  6. Before sending the order, the buyer will be asked to confirm that he has been familiarized with these general terms and conditions, read them, understood their content and agrees with them.
  7. These General Terms and Conditions enter into force and effect on July 1st 2021.