General Terms and Conditions for Consumers
(hereinafter the "GTC")
1. Introductory Provisions
1.1. These GTC govern the legal relationships between HAVE FUN s. r. o, with its registered office at Družstevná 1/806, 900 23 Viničné, Slovak Republic, Company ID (IČO): 44 372 159, Tax ID (DIČ): 2022683047, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 54275/B, contact tel. no. +421 911454552, contact e-mail address: luk@luk.sk (hereinafter the “Seller”), and every person who is a consumer and a buyer of goods offered by the Seller (hereinafter the “Buyer”), arising from the purchase of such goods.
1.2. For the purposes of these GTC, a consumer within the meaning of Section 52(4) of Act No. 40/1964 Coll., the Civil Code (hereinafter the “Civil Code”), means a natural person who, in connection with a consumer contract, an obligation arising therefrom or a commercial practice, is not acting within the scope of their business activity or profession (if the buyer states their company identification number (IČO) when making a purchase, they are considered an entrepreneur, not a consumer, unless they inform the Seller otherwise). Legal relationships between the Seller and a person who is not a consumer are governed by separate general terms and conditions for persons who are not consumers.
1.3. A purchase contract means a contract concluded between the Seller and the Buyer, the subject of which is the sale and purchase of goods offered by the Seller (hereinafter the “Goods”), concluded in accordance with Article 2 of these GTC (hereinafter the “Purchase Contract”). A Purchase Contract between the Seller and the Buyer agreed and concluded exclusively on the basis of an Order in the Online Shop pursuant to Article 2.1 of these GTC is considered a distance contract within the meaning of Section 14(1) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts (hereinafter the “Consumer Protection Act”).
1.4. All contractual relationships between the Seller and the Buyer arising on the basis of or in connection with the Purchase Contract are governed by the Purchase Contract, these GTC and the Seller's complaints procedure (hereinafter the “Complaints Procedure"), in that order, and by the legal order of the Slovak Republic, in particular the relevant provisions of the Civil Code, the Consumer Protection Act and, in certain cases, 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 Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll., as amended.
2. Ordering Goods and Concluding the Purchase Contract
2.1. The Buyer may order Goods by completing the electronic order form on the website of the Seller's online shop www.luk.sk (hereinafter the "Online Shop") (hereinafter the “Order”), in the manner specified in the Online Shop and in the following provisions of this Article of the GTC.
2.2. The Buyer shall fill in all the required data in the Order. Before finally submitting the Order, the Buyer has the opportunity to check and, if necessary, change the Order and the data entered. After checking the data entered, the Buyer finally confirms the Order by clicking the “continue” button. No later than before the final confirmation of the Order pursuant to the preceding sentence, the Buyer is obliged to enter the mandatory data in the Seller's customer portal in the Online Shop (hereinafter the “Customer Portal”) and then confirm the Order summary.
2.3. An Order delivered to the Seller is considered a proposal by the Buyer to conclude a Purchase Contract.
2.4. An Order is considered delivered to the Seller if it reaches the Seller (comes within its sphere of control) and contains all the required data, in particular the Buyer's first name and surname; the Buyer's delivery and billing address; the Buyer's e-mail and telephone contact; the name of the Goods ordered; the quantity of Goods ordered; the chosen method of delivery of the Goods ordered and the delivery time (if the Buyer has a choice of delivery time), or other data required under the Order (e.g. the first name, surname and telephone number of the person authorised to accept the delivered Goods, the so-called Contact).
2.5. If the Buyer has sent the Order to the Seller via the Customer Portal, the Seller undertakes to send the Buyer a notice of its receipt without delay after receiving the Order. This notice, which is sent automatically upon receipt in the Customer Portal, is not considered a binding Acceptance of the Order within the meaning of Article 2.7 of these GTC and serves only to inform the Buyer that their Order has been delivered to the Online Shop.
2.6. The Buyer is bound by a delivered Order. An Order is effectively revoked by the Buyer only if the revocation reaches the Seller's e-mail luk@luk.sk or the e-mail of the Seller's representative assigned to the Buyer (comes within the Seller's sphere of control) before the Seller accepts the Buyer's Order pursuant to Article 2.7 of these GTC.
2.7. The Seller shall confirm the binding acceptance of the Buyer's Order in an e-mail sent to the Buyer's e-mail address stated in the Order (hereinafter the “Acceptance of the Order”).
2.8. In the case of a sale in a shop not preceded by an Order, where the Purchase Contract between the Seller and the Buyer was agreed and concluded in the simultaneous physical presence of the Seller and the Buyer at the Seller's point of sale, the Purchase Contract is considered concluded upon the Buyer's acceptance of the Goods and payment of the Purchase Price.
2.9. The Purchase Contract between the Seller and the Buyer is considered concluded at the moment the Acceptance of the Order reaches the Buyer (comes within their sphere of control).
2.10. Under the Purchase Contract, the Seller undertakes, under the conditions set out in these GTC, to hand over to the Buyer the Goods that are the subject of the Purchase Contract and to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to accept the Goods and to pay the Seller the purchase price properly and on time in accordance with Art. 3 of these GTC (hereinafter the "Purchase Price").
2.11. The Seller reserves the right not to accept an Order if the price or description of the Goods was stated incorrectly in the Online Shop or an incorrect image of the Goods was inserted, or if, because the Goods are sold out or unavailable, or because the price of the Goods has changed significantly on the part of the manufacturer, importer or supplier of the Goods, for reasons of force majeure (as defined in Article 2.14 of these GTC), or if, despite making every effort that can reasonably be required of the Seller, the Seller is unable to deliver the Goods to the Buyer at the Purchase Price of the Goods stated at the time the Order was placed or submitted, or to deliver Goods corresponding to the description of the Goods stated in the Online Shop at the time the Order was placed or submitted, or to deliver the Goods within the delivery period determined in accordance with these GTC, unless the Seller and the Buyer agree otherwise, e.g. on substitute performance or a different delivery period. The Seller shall inform the Buyer without delay of the non-acceptance of the Order for the reasons stated in the preceding sentence by e-mail to the Buyer's e-mail address(es) stated in the Order.
2.12. The Seller is entitled to withdraw from a Purchase Contract concluded on the basis of an Order because stocks of the Goods have been sold out or the Goods are unavailable, or if the manufacturer, importer or supplier of the Goods under the Purchase Contract has discontinued the production or transport of the Goods or has made such serious changes as to make it impossible for the Seller to fulfil its obligations under the Purchase Contract, or for reasons of force majeure (as defined in Article 2.14 of these GTC), or if, despite making every effort that can reasonably be required of the Seller, the Seller is unable to deliver the Goods to the Buyer at the price of the Goods agreed in the Purchase Contract, or to deliver Goods corresponding to the description of the Goods under the Purchase Contract, or to deliver the Goods within the delivery period determined in accordance with these GTC, unless the Seller and the Buyer agree otherwise, e.g. on substitute performance or a different delivery period. In the case of sales via the Online Shop, the Seller regularly updates information on the availability of the Goods. The Seller is obliged to inform the Buyer of this fact without delay and, within 14 days of sending the notice of withdrawal from the Purchase Contract, to refund to the Buyer the Purchase Price or advance payment paid and the related fees paid, using the same means of payment as the Buyer used for their payment. If the Seller refunds the Purchase Price or advance payment and the related fees paid to the Buyer by transfer to the Buyer's bank account, the Seller fulfils its obligation to refund the Purchase Price, advance payment and any fees at the moment it submits a payment order in that amount to its bank. The Seller is not liable if the refunded funds are not credited to the Buyer's account within the above period for reasons beyond its control, in particular in cases of error on the part of the Seller's bank or the Buyer's bank or failure of the banking system. This is without prejudice to the rights of the Seller and the Buyer to withdraw from the Purchase Contract for reasons arising from applicable legislation and in accordance with these GTC (including the Buyer's right of withdrawal under Art. 4.5 and Art. 7 of these GTC).
2.13. When ordering specific goods that are not normally kept in the Seller's stock, are special and are marked as "to order" in the e-shop, the Seller reserves the right to request an advance payment before ordering the goods. This advance payment forms part of the price of the final product and will be credited against the balance payable by the Buyer upon delivery. It may range from 0 to 100% of the price of the goods. The advance payment is non-refundable if the Buyer does not take the goods and shall be forfeited in favour of the Seller if the Buyer is no longer interested in taking the goods when contacted before they are dispatched to the Buyer, or does not collect them within 30 days of a written e-mail notice that the goods are in the Seller's warehouse and ready for collection by the Buyer (cash on delivery or in person)..
2.14. For the purposes of these GTC, force majeure (vis maior) means circumstances excluding liability which have arisen independently of the will and beyond the control of the Seller and which have a negative impact on its timely and proper performance of the Purchase Contract, in particular: (i) natural events such as fire, flood, earthquake, lightning, hail, strong wind, windstorm, snowstorm, extreme frost, etc., (ii) strike, embargo, mobilisation, terrorist attack, revolution, war, state of emergency, emergency situation, epidemic, pandemic (including, but not limited to, the pandemic caused by COVID-19), failures of information systems, or (iii) trade, monetary, political or other measures of public authorities, including (but not limited to) the Government of the Slovak Republic, the Ministry of Health of the Slovak Republic and the relevant public health authorities.
2.15. During an ongoing sales promotion by the Seller, the Purchase Contract is governed, in addition to these GTC, by the binding terms of the relevant promotion.
3. Price and Payment Terms
3.1. The Buyer is obliged to pay the Purchase Price properly and on time for Goods whose Order has been accepted by the Seller pursuant to Article 2.7 of these GTC. The Purchase Price does not include the costs of transporting the purchased Goods and other costs and fees associated with the delivery of the Goods, e.g. the costs of returnable packaging or non-standard packaging or other costs and fees related to the delivery of the Goods (hereinafter the "Delivery Costs"). Information on the terms of transport of the Goods is provided in Art. 6 of these GTC. The Buyer acknowledges and agrees that, in addition to the Purchase Price, they are obliged to pay the Seller the Delivery Costs of the purchased Goods in accordance with Article 6 of these GTC.
3.2. When the Purchase Contract is concluded in person directly at the Seller's point of sale, the Purchase Price is the price including the applicable value added tax (hereinafter "VAT") stated on the relevant price tag at the Seller's point of sale relating to the Goods that are the subject of the Purchase Contract.
3.3. If the Buyer has ordered Goods by means of an Order, the Purchase Price is the price including VAT stated in the Online Shop for the selected Goods at the time the Buyer's Order was placed or submitted to the Seller.
3.4. The Seller reserves the right to change the prices stated in the Online Shop without prior notice to the Buyer. The Seller recommends that the Buyer always check the current prices of the Goods in the Online Shop before submitting an Order. After the Order has been submitted, the Seller is not entitled to change the price of the Goods unilaterally.
3.5. The Seller is entitled to submit a price quotation to the Buyer (hereinafter the "Price Quotation"). The price of the Goods stated in the Price Quotation may differ from the prices stated in the Online Shop. The Price Quotation contains information on its period of validity and the specific conditions under which the price stated in the Price Quotation applies, or conditions allowing a change in the Purchase Price. If the Buyer wishes to accept the Price Quotation, they shall create an Order in the Online Shop, whereby the provisions of Art. 2 of these GTC apply to the Acceptance of the Order and the Purchase Contract.
3.6. The Buyer shall pay the Purchase Price and the Delivery Costs using the payment method they have chosen in the Order. Below is an overview of the possible methods of paying the Purchase Price depending on the method of concluding the Purchase Contract and the method of collection or delivery of the Goods:
a) payment in cash upon collection of the Goods at the Seller's point of sale;
b) payment by payment card upon collection of the Goods at the Seller's point of sale;
c) cash on delivery, i.e. in cash or by payment card upon receipt of the Goods from the carrier;
d) bank transfer to the Seller's account on the basis of an issued proforma invoice. Unless otherwise stated in the proforma invoice, the Buyer is obliged to pay the Purchase Price and the Delivery Costs within 14 days of receipt of the proforma invoice;
e) online payment by payment card, where after placing the order you are redirected to the bank's secure payment gateway supporting 3D Secure. You then enter the required payment card details and, after their authorisation, the site informs you that the order has been successfully completed.
3.7. In the case of cash payment pursuant to the preceding Article of these GTC, the Seller proceeds in accordance with Act No. 394/2012 Coll. on the Limitation of Cash Payments.
3.8. The proof of purchase issued by the Seller, which will be provided to the Buyer together with the Goods, also serves as a tax document and delivery note.
3.9. If the Buyer fails to pay the Seller the Purchase Price of the Goods and the Delivery Costs by the due date or within an additional reasonable period granted by the Seller, which shall not be shorter than 15 calendar days, the Seller has the right to claim default interest at the statutory rate for each day of delay, and the Seller also acquires the right, but not the obligation, to withdraw from the Purchase Contract or from the partial performance to which the delay relates. If the Seller exercises its right to withdraw from the Purchase Contract, the contracting parties are obliged to return to each other what they have already performed, i.e. the Buyer is obliged to return the delivered Goods to the Seller. The Seller is entitled to compensation for damage caused by the Buyer's delay to the extent not covered by default interest.
4. Delivery Period
4.1. When determining the delivery period, the Seller takes into account its supplier-customer relationships, current availability from suppliers, the nature of the Goods and the method of ordering the Goods.
4.2. Goods ordered via the Online Shop will be delivered to the Buyer within the period stated in the Order as “Shipment delivery” or “Expected delivery date”, or, if there is no such period, within the period stated in the Online Shop for the relevant Goods at the time the Order was placed or submitted, or within a period specially agreed with the Seller, e.g. for “made-to-measure” Goods (hereinafter the “Delivery Period”). Only working days are counted in the Delivery Period, unless agreed otherwise. If the Seller is unable to deliver the Goods within the Delivery Period, it shall inform the Buyer and proceed in accordance with Article 2.12 of these GTC.
4.3. For Goods whose Purchase Price will be paid by the Buyer upon receipt of the Goods pursuant to Article 3.6(a) to (c), the Delivery Period begins to run on the working day following the day on which the Seller and the Buyer concluded the Purchase Contract pursuant to Art. 2 of these GTC. If the Buyer has chosen another method of paying the Purchase Price for the Goods pursuant to Article 3.6(d), the Delivery Period begins to run only on the day following the day on which the Buyer paid the Purchase Price, including the Delivery Costs, in full, i.e. at the moment the Purchase Price and Delivery Costs are credited in full to the Seller's bank account.
4.4. If the ordered Goods cannot be delivered within the Delivery Period and the Seller does not proceed in accordance with Article 2.12 of these GTC and does not withdraw from the Purchase Contract, the Seller is obliged to inform the Buyer of this fact without delay, stating a substitute delivery date for the Goods, or the Seller shall offer the Buyer other goods, i.e. offer substitute performance. The Seller may provide a substitute delivery date and substitute performance only with the Buyer's consent, or the Buyer may set another additional reasonable period for delivery of the Goods. Once the Buyer has given their consent, the Seller is obliged to deliver the Goods to the Buyer on the substitute date or to deliver other (substitute) agreed goods.
4.5. If the Seller and the Buyer do not agree on a substitute date or substitute performance pursuant to Art. 4.4 above, or if the Seller fails to fulfil its obligation to deliver the Goods within the originally agreed Delivery Period and also fails to deliver the Goods within the additional reasonable period set by the Buyer or on the substitute date agreed by the Buyer, or fails to deliver other Goods (substitute performance) agreed by the Buyer, the Buyer has the right to withdraw from the Purchase Contract. If, before the conclusion of the Purchase Contract, the Buyer expressly informed the Seller in the Order that delivery of the Goods within a specified period or on a specified day is of particular importance to the Buyer, and the Seller did not deliver the Goods to the Buyer within that period, the Buyer has the right to withdraw from the contract even without granting an additional reasonable period for delivery of the Goods.
6. Terms of Delivery of Goods
6.1. In the Order, the Buyer may choose delivery of the Goods by collecting them at the Seller's point of sale, i.e. personal collection. After processing the Order and preparing the Goods for collection, the Seller shall invite the Buyer to collect the ordered Goods by telephone at the telephone number stated in the Order or by an e-mail message sent to the Buyer's e-mail address stated in the Order. Collection of the Goods at the Seller's point of sale is generally possible during the opening hours of the Seller's point of sale immediately after the Buyer has been invited to collect the Goods. The Buyer is obliged to collect the ordered Goods no later than 10 days after receiving the Seller's invitation to collect the Goods.
6.2. The Goods are delivered by transport only within the territory of the Slovak Republic by a transport company with which the Seller has concluded a cooperation agreement or by another provider of courier or transport services (hereinafter the "Carrier"). Indicative shipping fees are available on the Seller's website depending on the weight and dimensions of the ordered Goods. The Seller is entitled to charge a surcharge for oversized or overweight Goods in accordance with the conditions stated in the Online Shop. The final shipping fee will be calculated in the Order placed on the Customer Portal. The choice of a specific Carrier is at the sole discretion of the Seller.
6.3. To the Czech Republic the Seller ships goods after issuing an invoice and receiving payment of the full amount in advance to its bank account. After receipt of payment, the goods will be dispatched by a transport company.
6.4. If the Buyer has chosen delivery of the Goods by the Carrier to a chosen address, the Buyer is obliged to provide the Seller with the exact address to which the ordered Goods are to be delivered and to ensure that the consignment with the ordered Goods is received by a responsible or contact person, who must be identical to the person designated by the Buyer as the contact in the Order. If the Carrier fails to deliver the ordered Goods to the Buyer, it will make a substitute delivery. The proof of purchase, which also serves as a delivery note, is always enclosed in the consignment with the transported Goods. The Seller reserves the right to replace signatures on the proof of purchase with mechanical means (e.g. a scanned signature or a signature made using a signature pad or a mobile data device).
6.5. When collecting the Goods in person, the Buyer is obliged to inspect the Goods and, if any obvious defects are found, to notify the Seller of such defects immediately. When the ordered Goods are delivered by the Carrier, in order to have better evidence, the Buyer is advised to accept the Goods properly, check that the packaging is intact and the number of parcels, and, in the event of any obvious defects, report them to the Carrier on the spot and record them together with the Carrier in a report or other written document. Pursuant to Section 621 of the Civil Code, the Buyer may exercise rights arising from liability for defects only if they notified the defect within two months of discovering it, but no later than two years after delivery of the item. The Buyer is obliged to confirm receipt of the Goods on the handover report or sales document (delivery note, proof of purchase, transport order), either by their handwritten signature or by a signature replaced by mechanical means using a scanned signature, a signature pad or a mobile data device.
6.6. With any of the above methods of delivery of the Goods, the Seller or the Carrier is entitled to verify the identity of the person receiving the ordered Goods and compare it with the person named in the Order for receipt of the ordered Goods (contact), and for this purpose to check, in particular, whether their first name and surname correspond to the data stated in the Order by inspecting their identity card or other identity document. If the ordered Goods are not received by an authorised person or the person named in the Order, the relationship between the Buyer and the person receiving the ordered Goods shall be stated on the delivery note. Such a person shall prove their identity by means of an identity card or other identity document in accordance with the conditions set by the Carrier.
7. Withdrawal from a Distance Purchase Contract
7.1. Pursuant to Section 20 of the Consumer Protection Act, in the case of contracts concluded at a distance by means of distance communication, including an Order in the Online Shop, the Buyer has the right to withdraw from the Purchase Contract without giving any reason within 14 days of receipt of the Goods, i.e. within 14 days of the moment when the Buyer or a third party designated by the Buyer, other than the Carrier, takes possession of all parts of the ordered Goods, or, if the Goods ordered by the Buyer in a single Order are delivered separately, within 14 days of the moment when the Buyer or a third party designated by the Buyer, other than the Carrier, takes possession of the Goods delivered last, or, if Goods consisting of several parts or pieces are delivered, within 14 days of the moment when the Buyer or a third party designated by the Buyer, other than the Carrier, takes possession of the last part or piece. The Buyer may withdraw from a Purchase Contract for the delivery of Goods even before the withdrawal period begins to run.
7.2. When exercising the right to withdraw from the Purchase Contract pursuant to Article 7.1 of these GTC, the Buyer is obliged to inform the Seller of their decision to withdraw from the Purchase Contract by an unequivocal statement, e.g. by a letter sent by post to the Seller's address: HAVE FUN s. r. o, with its registered office at Družstevná 1/806, 900 23 Viničné, Slovak Republic, or by e-mail to the Seller's e-mail address: luk@luk.sk, or in any other manner that leaves no doubt that the Purchase Contract has been withdrawn from. For the purpose of withdrawing from the Purchase Contract, the Buyer may use the model withdrawal form available to the Buyer on the Seller's website. The withdrawal period is deemed to have been observed if the Buyer sends the notice of exercise of the right to withdraw from the Purchase Contract to the Seller no later than on the last day of the period pursuant to Article 7.1 of these GTC.
7.3. In the event of withdrawal from the Purchase Contract pursuant to Article 7.1 of these GTC, the Buyer will be refunded all payments made by the Buyer under or in connection with the Purchase Contract, including any other payments received from the Buyer under or in connection with the Purchase Contract, such as the Delivery Costs; this is without prejudice to Section 20(11) of the Consumer Protection Act. The above does not apply to additional costs if the Buyer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller. Payments will be refunded to the Buyer without undue delay, no later than 14 days from the date on which the Seller receives the Buyer's notice of withdrawal from the Purchase Contract. Notwithstanding the period for refunding payments to the Buyer under the preceding sentence, payments under this Article 7.3 of these GTC will be made by the Seller to the Buyer only after the returned Goods have been delivered to the Seller in accordance with Article 7.4 of these GTC. Payments under this Article 7.3 of these GTC will be made using the same means of payment as the Buyer used for their payment, unless the Buyer and the Seller have agreed on another method of refunding payments to the Buyer without charging the Buyer any additional fees.
7.4. After exercising the right to withdraw from the Purchase Contract pursuant to Article 7.2 of these GTC, or at the same time, the Buyer may return the Goods in person at any of the Seller's points of sale or by sending them to the Seller's address: HAVE FUN s. r. o, with its registered office at Družstevná 1/806, 900 23 Viničné, Slovak Republic. The Buyer is obliged to send the goods back or hand them over to the Seller no later than 14 days from the date of exercising the right to withdraw from the Purchase Contract. The period is deemed to have been observed if the Goods were handed over by the Buyer for transport no later than on the last day of the period. The direct costs of returning the Goods shall be borne by the Buyer, including the costs of returning Goods which, by their nature, cannot be returned by post. If the delivered Goods do not have the characteristics the Buyer was interested in and which correspond to the description provided by the Seller, the costs of returning them and of delivering Goods that comply with the Purchase Contract, as well as all costs reasonably incurred by the Buyer in this connection, shall be borne by the Seller. The Buyer is obliged to return the Goods to the Seller complete, with full documentation, undamaged, clean, and in the condition and of the value in which the Buyer received them, taking into account the handling of the Goods to the extent necessary to establish the nature, characteristics and functioning of the Goods. The Buyer is not obliged to return the Goods in their original packaging. The Buyer is liable for any diminished value of the Goods resulting from handling the Goods other than what is necessary to establish their nature, characteristics and functioning. If the Buyer returns the Goods to the Seller damaged or worn in any way as a result of handling the Goods beyond what is necessary to establish their nature, characteristics and functioning, the Seller is entitled to compensation from the Buyer for the damage thereby incurred by the Seller.
7.5. The Buyer may not withdraw from a Contract the subject of which, pursuant to Section 19(1) of the Consumer Protection Act, is:
1. the sale of Goods whose Purchase Price depends on fluctuations in the financial market which the Seller cannot influence and which may occur during the withdrawal period;
2. the sale of Goods made to the Buyer's specific requirements, made-to-measure Goods or Goods intended specifically for one particular Buyer;
3. the sale of Goods which are liable to deteriorate or expire rapidly;
4. the sale of sealed Goods which are not suitable for return for health protection or hygiene reasons and which were unsealed after delivery;
5. the sale of Goods which, by their nature, are inseparably mixed with other goods after delivery;
6. the performance of urgent repairs or maintenance expressly requested by the Buyer from the Seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary to carry out the repair or maintenance, if they were concluded during the Seller's visit to the Buyer and the Buyer did not order these services or goods in advance.
7.6. In the event of a breach of the conditions for withdrawal from the Purchase Contract or for the proper return of the Goods after withdrawal from the Purchase Contract by the Buyer, the Seller is entitled to claim from the Buyer compensation for the damage thereby incurred, in accordance with the relevant legislation.
8. Liability for Defects
8.1. Unless otherwise stated in these GTC, the exercise of claims arising from liability for defects in the Goods is governed by the provisions of the Complaints Procedure and the relevant provisions of the Consumer Protection Act and the Civil Code.
8.3. Where the Buyer exercises rights arising from liability for defects in goods with digital elements, the procedure for exercising those rights and notifying the defect is governed by the Complaints Procedure, subject to the specific rules arising from Section 612 et seq. of the Civil Code for goods with digital elements. In the event of a defect in digital content or a digital service, the Buyer has rights arising from liability for defects pursuant to Section 852g et seq. of the Civil Code.
9. Personal Data Protection
9.1. Information on the processing of personal data of data subjects is available on the Seller's website www.luk.sk
10. Compliance with Sanctions Regulations and Prohibition of Re-export
10.1. The Buyer assures the Seller that the delivered Goods falling within the scope of Article 12g of Council Regulation (EU) No 833/2014 or Article 8g of Council Regulation (EC) No 765/2006 will not be sold, exported or re-exported, directly or indirectly, to the Russian Federation or Belarus, or intended for use in the Russian Federation or Belarus.
10.2. Any breach of Article 10.1 of these GTC by the Buyer constitutes a material breach of the Buyer's obligations and entitles the Seller to withdraw from the Purchase Contract with immediate effect and to cancel with immediate effect any Orders already received or accepted. The Buyer shall indemnify the Seller for all costs, third-party claims and other disadvantages (e.g. fines) resulting from a breach of the Buyer's obligations under Article 10.1 of these GTC. This does not apply if the Buyer is not responsible for the breach of obligation. In addition, the Seller is entitled to claim a contractual penalty of 5% of the Purchase Price of the Goods sold in breach of the provisions of this Article 10 of these GTC. This is without prejudice to the Seller's right to compensation for damage in full.
10.3. The Buyer is obliged to inform the Seller immediately of any problems in applying Article 10.1 of these GTC, including any relevant activities of third parties that could frustrate the purpose of Art. 10.1 of these GTC. The Buyer shall provide the Seller with information on compliance with the obligations under Article 10.1 of these GTC within two weeks of a simple request for such information by the Seller.
11. Final Provisions
11.1. These GTC are valid, effective and binding from 1 August 2025. The valid and effective version of the GTC is available to the Buyer on the Seller's website (www.luk.sk) and also at the Seller's point of sale. The Seller reserves the right to amend these GTC.
11.2. Pursuant to Section 5(1)(h) of the Consumer Protection Act, the Seller hereby informs buyers that it provides buyers with after-sales service, either via a telephone line where it provides buyers with general information on the goods and services sold, or directly at the Seller's shop at Družstevná 1/806, 900 23 Viničné. A condition of after-sales service is that the Seller is able to physically check whether a service intervention on the delivered goods is necessary.
11.3. Pursuant to Section 5(1)(i) of the Consumer Protection Act, the Seller hereby informs the Buyer that the duration of the purchase contract is determined by the very nature of the purchase of goods, i.e. by the fulfilment of the obligations of the contracting parties, namely that the seller delivers the goods to the buyer properly and on time and the buyer pays the seller the purchase price for the goods, including VAT, properly and on time and accepts the goods. The buyer's rights arising from the warranty for the goods are not affected by this provision. Pursuant to Section 5(1)(j) and (k) of the Consumer Protection Act, the Seller further informs the Buyer that all information on the functionality of goods with digital elements, digital content and digital services, and information on compatibility and interoperability, is provided to the Buyer in the instructions for use of the selected goods. Any missing information will be provided by the Seller to the Buyer upon request, where necessary in cooperation with the supplier or manufacturer of the goods.
11.4. Before placing or submitting an Order on the Customer Portal, the Buyer is obliged to read and agree to the wording of these GTC. The Buyer expresses their consent by ticking the box "I agree to the Seller's general terms and conditions". By submitting or placing the Order, the Buyer declares that they have become acquainted with the Purchase Price of the Goods, including any Delivery Costs, and the delivery terms, and further that they had the opportunity to become acquainted with the GTC valid and effective at the time the Order was placed, as well as with other information provided by the Seller to the Buyer before the Order was placed. The Buyer undertakes to duly read the information that will be sent to them by the Seller after placing or submitting the Order, if the Seller sends it to them.
11.5. The authority supervising the protection of consumer rights is the Slovak Trade Inspection (Central Inspectorate of the Slovak Trade Inspection, Bajkalská 21/A, P. O. BOX 29, 827 99 Bratislava).
11.6. If the Buyer is not satisfied with the way in which the Seller has handled their complaint or believes that the Seller has violated their rights, they have the right to contact the Seller with a request for redress (by e-mail to luk@luk.sk). If the Seller rejects this request or fails to respond to it within 30 days of it being sent, the consumer has the right to submit a petition to initiate alternative dispute resolution to an alternative dispute resolution body (hereinafter the "ADR body") pursuant to Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution and on Amendments to Certain Acts (hereinafter the "ADR Act").
11.7. Alternative dispute resolution applies only to a dispute between the Buyer and the Seller arising from or related to the Purchase Contract.
11.8. The Buyer may submit a petition to initiate alternative dispute resolution in paper form, in electronic form or orally for the record, or may use the form available on the website of the Ministry of Economy of the Slovak Republic and of each ADR body. The Buyer may also submit a complaint via the online dispute resolution (ODR) platform, available online at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng= SK.
11.9. ADR bodies are alternative dispute resolution authorities and authorised legal entities entered in the list pursuant to Section 3 of the ADR Act, which can be found 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. If several ADR bodies are competent for alternative dispute resolution, the Buyer has the right to choose which of them to submit the petition to initiate alternative dispute resolution to.
11.10. The Seller undertakes to archive the Purchase Contract in electronic form together with the relevant GTC for a period of 10 years. The Purchase Contract archived in this way is not accessible to the Buyer.
11.11. A Purchase Contract under the conditions set out in the GTC may be concluded in the Slovak language.
In Viničné, on 1 August 2025