General terms and conditions of the GIVsport online store

1. Introductory Provisions

1.1. Operator

The internet shop at https://www.givsport.sk (hereinafter referred to as the "internet shop") is operated by GIVsport sro, with its registered office at Pod lipami 96, Liptovský Hrádok 033 01, registered in the Commercial Register of the Žilina District Court, Section: Ltd., insert no. 66444 / L, IČO: 50 527 584 (hereinafter referred to as the “operator” or “seller”), bank connection: Slovenská sporiteľňa, a.s., no. account: SK98 0900 0000 0051 1988 0466. Other information to the seller important for the consumer's contact with the seller are as follows:
e-mail: office@givsport.com
tel. No .: +421 902 166 753
1.2. Buyers

1.2.1. A buyer is any natural or legal person who has entered into a distance contract with the seller through an online store at https://www.givsport.sk (hereinafter referred to as the "buyer").
1.2.2. The consumer is the buyer - a natural person who, in concluding and performing the contract, does not act within the scope of his business or other entrepreneurial activity, employment or profession (hereinafter referred to as the "consumer").
1.2.3. An entrepreneur is a buyer - a person who is not a consumer. An entrepreneur is also considered to be any person who enters into contracts related to his own business, production or similar activities in the independent exercise of his profession, or a person who acts in the name or on behalf of the entrepreneur (hereinafter "entrepreneur").
1.3. Business conditions

1.3.1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement concluded between the seller and the buyer through an online store (hereinafter "purchase agreement").
1.3.2. The business conditions form an integral part of the purchase contract. Unless otherwise stated in the purchase contract or its annexes or the validity of certain provisions of these terms and conditions is not excluded or otherwise modified by the purchase contract or other explicit agreement between the operator and the buyer, these terms and conditions apply to the mutual relations of the parties.
1.3.3. The legal relations of the seller with the consumer not explicitly regulated are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"), Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the “Consumer Protection Act”), Act no. 102/2014 Coll. 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 seller's premises and on the amendment of certain laws (hereinafter the "Act on consumer protection in the sale of goods under a distance contract"), all in wording of later legislation.
1.3.4. The legal relations between the seller and the entrepreneur, which are not explicitly regulated, are governed by the relevant provisions of Act no. 513/1991 Coll. Of the Commercial Code as amended.
1.3.5. These Terms and Conditions also include the Seller's Complaints Procedure (hereinafter referred to as the "Complaints Procedure") issued in accordance with the relevant provisions of the Consumer Protection Act and the Consumer Protection Act on the sale of goods under a distance contract. complaints, on the procedures for the application and handling of complaints, complaints and suggestions from consumers, including information on where the complaint can be made and on the performance of warranty repairs related to goods purchased in the online store.
1.3.6. The seller in accordance with the provisions of § 3 par. 1 letter n) of the Consumer Protection Act when selling goods on the basis of a distance contract informs the consumer that he has not undertaken to comply with any code of conduct.
2. Concluding a purchase contract

2.1. Offer of goods

The offer of goods means selected goods offered through the catalog on the website of the online store, where the seller notifies the consumer before concluding the purchase contract or. before sending the order, in a clear and comprehensible manner, the main characteristics of the goods or the nature of the service as well as other facts required by law to the extent appropriate to the means of communication used.

2.2. An order

2.2.1. The buyer can create an order using the form on the website of the online store. When creating an order using the form, the buyer selects the goods he is interested in, selects the required quantity, mode of transport (see Article 2.4.1.) And method of payment (see Article 2.5.1.), While the consumer sends the order to the seller by clicking on the button "Payment order".
2.2.2. By sending the order, the buyer confirms that he has read these terms and conditions and that he has been informed that the order includes the obligation to pay the purchase price. The buyer, the entrepreneur also acknowledges that by sending the order in full agrees to these terms and conditions of the seller.
2.3. Conclusion of the purchase contract

2.3.1. The contractual relationship between the seller and the consumer arises from the delivery of the order of goods with the obligation of payment by the consumer to the seller. The seller will acknowledge receipt of the order by message to the consumer's email address.
2.3.2. The contractual relationship between the operator and the entrepreneur is established by delivery of the acceptance of the order (acceptance), which the operator sends to the entrepreneur to the e-mail address provided by the entrepreneur when creating the order.
2.3.3. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (eg the cost of internet connection or the cost of telephone communication) shall be borne by the buyer himself.
2.4. Type of transport

2.4.1. Unless otherwise stated in the purchase contract, the method of delivery of goods is determined by the seller. In the event that the mode of transport of the ordered goods is agreed on the basis of the buyer's request, the buyer shall bear any additional costs for the selected mode of transport in the event of withdrawal from the contract within the statutory 14-day period, i. the consumer bears the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the seller.
2.4.2. Sending the ordered goods means sending it to the address specified by the buyer when creating the order. The buyer acknowledges that the price of the ordered goods may be added to the cost of sending / transporting the ordered goods, according to the current price list of the carrier.
2.4.3. In the event of the buyer's request to send the goods abroad, the costs of sending / transporting the ordered goods abroad will be added to the price of the ordered goods, of which the seller will notify the buyer in advance.
2.5. Payment method

2.5.1. The Operator offers a choice of the following methods of payment: payment card via the Internet, bank transfer after completion of the order, cash on delivery when taking over the goods from the carrier or in cash at personal collection at the operator's point of issue. This does not affect the seller's right to allow only advance payment in justified cases.
2.5.2. When choosing to pay by credit card over the Internet, the buyer will be redirected to a third-party payment server after completing the order, where he will fill in the necessary payment details. After verifying their validity, the order will be confirmed and the amount of the purchase price will be deducted from the buyer's account.
2.5.3. When choosing payment by bank transfer, the buyer pays the price of the order before processing it to the operator's bank account with a variable symbol, which is the order number and which the buyer will receive when completing the order. the purchase price is considered to be the goods paid by the bank on the day of crediting the relevant amount to the seller's account.
2.5.4. In the case of cash on delivery upon receipt of the goods from the carrier, the buyer acknowledges that the price of the ordered goods may be added costs for cash on delivery, according to the current price list of the carrier.
2.5.5. The prices of the offered goods and services are stated including value added tax (hereinafter referred to as "VAT"), unless it is explicitly stated in the price that the price is stated without VAT.
2.6. Rights and obligations arising from the conclusion of the purchase contract

2.6.1. The operator is obliged to deliver the ordered goods to the buyer at the agreed price and the buyer is obliged to take over the goods and pay the purchase price, including the costs of the chosen method of transport of goods.
2.6.2. In the event of a breach of the terms of the purchase contract or business conditions by the buyer, the operator reserves the right to withdraw from the purchase contract, unless otherwise provided by law. In such a case, the buyer is obliged to compensate the operator for any and all damage, in particular to reimburse the operator for all costs associated with his order, especially the cost of sending the goods, unless the buyer takes them over.
2.6.3. The buyer is obliged to provide correct and true data when ordering the goods. The data necessary for concluding the purchase contract provided by the buyer are considered correct by the seller.

2.6.4. All notices of the seller in any way related to the order, respectively. with the purchase contract, they can be delivered to the buyer to the electronic address specified in his user account or specified by the buyer in the order.
2.7. Gift vouchers and discount codes

2.7.1. When creating an order, the buyer can enter the codes contained in the purchased gift vouchers and discount codes provided by the operator in accordance with their rules.
2.7.2. Unless otherwise explicitly stated by the operator, gift vouchers and discount codes:
o cannot be applied repeatedly;
o cannot be combined with each other;
cannot be used to purchase additional vouchers
2.7.3. In the event of withdrawal from the purchase contract for any reason or any other reasonable return of the goods by the buyer to the seller purchased under the discount code, the buyer is entitled to a refund of the amount / payment that the seller actually received from the consumer under or in connection with the contract.
2.7.4. If the gift voucher or discount code has a limited validity period, the buyer is entitled to use the gift voucher or discount code only before it expires. The seller does not provide money or any other method of compensation for the unused value of the gift voucher or discount code.
2.7.5. Neither the gift voucher nor the discount code can be exchanged for cash. If the buyer purchases goods at a lower price than the value of the gift voucher or discount code, he is not entitled to pay the value of the gift voucher or discount code or a new gift voucher or discount code for the rest of the value of the original applied gift voucher or discount code.
2.7.6. In the event that the gift voucher or discount code is used in violation of the operator's rules for the use of the gift vouchers and discount codes in question, the operator has the right to reject the gift voucher or discount code so used and withdraw from the concluded purchase contract.
3. Delivery of goods

3.1. Delivery date

3.1.1 The Operator, taking into account the conditions listed below, undertakes to send the goods to the buyer as soon as possible, no later than 30 days from the date of conclusion of the contract. In the case of payment by credit card on the Internet through the payment gateway or bank transfer after the completion of the order, the operator will send the goods only after crediting the payment to his bank account.
3.1.2. The operator is not liable for damages caused by delay in sending or delivering the goods for a reason that does not lie with the seller.
3.2. Transport, delivery and acceptance of goods

3.2.1. The consumer acquires ownership of the purchased goods by taking it over. The entrepreneur acknowledges that he acquires ownership of the goods only upon full payment of the full purchase price for the ordered goods. At the moment of taking over the goods, the risk of damage to the goods also passes to the buyer.
3.2.2. The delivery of the goods includes a proof of purchase stating the date of sale, product designation (product name and quantity), purchase price (indicating the price of the individual product and the total price paid by the consumer) and details of the seller (trade name and address of the seller) ). The seller will send the buyer a tax document in electronic form upon request.
3.2.3. The seller recommends that the buyer, upon receipt of the goods from the carrier, check the integrity of the packaging of the goods and in case of any errors immediately notify the carrier, and at the same time inform the seller. In the event of a breach of the packaging indicating unauthorized entry into the consignment, it is recommended that the buyer does not take over the consignment from the carrier and fill in a record of damage to the consignment. By signing the delivery note, the buyer confirms that the package of the consignment containing the goods was intact and undamaged.
3.2.4. The buyer is obliged to file a claim with mechanical damage to the goods, non-conforming goods, etc., which were not obvious when taking over the shipment of goods from the carrier, without undue delay.
3.2.5. If, due to a reason on the part of the buyer, it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another method of delivery.
3.2.6. The operator is entitled to payment of costs associated with the transport of goods in the amount according to the current price list of the carrier performing the selected method of transport of goods, while the amount of costs associated with transport is stated in the transport options in the seller's online store.
3.2.7. Free shipping: Only customers who order above the minimum value of EUR 100 are entitled to free shipping.
4. Withdrawal from the purchase contract

4.1. Withdrawal from the purchase contract by the buyer

4.1.1. The right to withdraw from the contract under this article of the terms and conditions has only the buyer - consumer, i. a natural person who is also a buyer and does not act within the scope of his business or other entrepreneurial activity, employment or profession when concluding and fulfilling the contract.

4.1.2. If the purchase contract is concluded remotely (via an online store) or outside the seller's premises, and at the same time if the seller has provided the consumer in a timely and proper manner with the right to withdraw from the contract, conditions, deadline and procedure for exercising the right to withdraw from the contract. from the contract (in accordance with the provisions of § 3 paragraph 1 letter h) of the Consumer Protection Act in the sale of goods on the basis of a distance contract) and while fulfilling the requirements required by law, the consumer has under the Consumer Protection Act the right to withdraw from the purchase contract within 14 days from the date of receipt of the goods (hereinafter referred to as the "statutory period for withdrawal from the contract") without giving a reason and without any sanction.
4.1.3. If the seller has provided the consumer with the information under the previous paragraph only, but no later than 12 months from the beginning of the withdrawal period under the previous paragraph, the withdrawal period shall expire 14 days from the date on which the seller subsequently fulfilled the information obligation.
4.1.4. If the seller has not provided the consumer with the information required by law regarding the possibility and method of withdrawal from the contract even in the additional period under the previous paragraph, the withdrawal period expires after 12 months and 14 days from the date of receipt.
4.1.5. The goods shall be deemed to have been taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or if
the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last;
delivers goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece;
delivers the goods repeatedly during a specified period, at the moment of taking over the first delivered goods.
4.1.6. The consumer is entitled to withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the contract.
4.1.7. The Operator extends the consumer's right to withdraw from the purchase contract concluded at a distance of 90 calendar days from the date of receipt of the goods (hereinafter "extended / extended withdrawal period"), without giving a reason and without penalties. However, the consumer acknowledges that within the extended 90-day withdrawal period after the statutory 14-day withdrawal period under the previous paragraph, the consumer is entitled to withdraw from the contract only if the following conditions are met by the consumer. conditions:
the goods are complete, undamaged and, if possible, in undamaged original packaging;
shows no signs of use; a
the goods are demonstrably unused if they are partly or wholly protected by copyright law or if they are intended for single consumption; at the same time
"Lowest price adjustment" pursuant to Article 2 (1) has not been applied. 8 of these terms and conditions
4.1.8. If the consumer (i) notifies the operator within the statutory 14-day withdrawal period or (ii) within the extended / extended 90-day withdrawal period (ie starting on the 15th day from the date of receipt of the goods) he notifies the operator in in accordance with the valid legal regulations, as well as in accordance with these business conditions, that he withdraws from the contract and at the same time returns the goods within this period no later than 90 days from the day of taking over the goods, the purchase contract is canceled from the beginning. To withdraw from the contract, the consumer can use the proof of purchase, which he received together with the purchased goods, or this general form for withdrawal from the contract and complaints. The said form shall state at least the name and surname of the consumer, the order number, the designation of the goods and the account number for the refund.
4.1.9. The consumer has the right to unpack and test the goods within this period after receipt in a manner similar to the usual purchase in a classic "stone" shop, to the extent necessary to determine the nature, properties and functionality of the goods. In the event that the consumer withdraws from the purchase contract within the statutory 14-day period, the consumer is responsible for the reduction in the value of the goods resulting from such treatment of the goods beyond the treatment necessary to determine the properties and functionality of the goods. In the event that the consumer withdraws from the purchase contract within the extended 90-day period (after the statutory 14-day period) and the returned goods are incomplete or demonstrably used or damaged, the operator is entitled to damages against the consumer. in the event of withdrawal from the contract within the extended 90-day period after the expiration of the statutory 14-day period), the seller will return to the buyer the agreed purchase price reduced by the damage / amount corresponding to the reduced value of the returned goods.

4.1.10. The consumer acknowledges that in accordance with the provisions of § 7 para. 6 of the Law on consumer protection in the sale of goods on the basis of a contract concluded at a distance may not withdraw from a contract the subject of which is:
(a) the supply of a service where it has been provided with the consumer's express consent and the consumer has been duly informed that, by giving his consent, he loses the right of withdrawal after the service has been provided in full, and if the service has been provided in full;
(b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market which cannot be influenced by the seller and which may occur during the withdrawal period;
(c) the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer;
(d) the sale of goods which are subject to rapid deterioration or deterioration;
(e) the sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery;
(f) the sale of goods which, because of their nature, may, after delivery, be inseparably mixed with other goods;
(g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, the delivery of which may take place after 30 days at the earliest and their price depends on market price movements over which the seller cannot influence;
(h) performing urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as its object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods;
(i) the sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unpacked that packaging;
(j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging;
(k) the provision of accommodation services other than accommodation, the transport of goods, car rental, the provision of catering services or the provision of leisure activities and under which the seller undertakes to provide these services at the agreed time or within the agreed time;
(l) the supply of electronic content other than on a tangible medium, provided that the supply has begun with the consumer's express consent and that the consumer has indicated that he has been duly informed that, by giving his consent, he loses the right of withdrawal.

4.2. Exercise of the consumer 's right of withdrawal

4.2.1. The consumer may exercise the right of withdrawal under the preceding paragraphs of these terms and conditions with the seller in paper form or in the form of a record on another durable medium; if the contract has been concluded orally, any clearly stated statement by the consumer expressing his willingness to withdraw from the contract (hereinafter also referred to as the "notice of withdrawal") is sufficient to exercise the consumer's right of withdrawal. The consumer may use the withdrawal form provided to him by the seller either together with the goods or sent by e-mail.
4.2.2. The withdrawal period is considered to be maintained if the notice of withdrawal was sent to the seller no later than the last day of the withdrawal period according to point 4.1. these terms and conditions. In the event of withdrawal, the contract is terminated from the beginning, and any ancillary contract related to the contract from which the consumer has withdrawn is also canceled from the beginning.
4.2.3. If the consumer exercises the right to withdraw from the purchase contract within the statutory period of 14 days, he is obliged to return the goods or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal. The goods must be sent to the seller's address, to GIVsport s.r.o., Pod lipami 96, 033 01 Liptovský Hrádok. This does not apply if the seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods have been handed over for carriage not later than the last day of the time limit.
4.2.4. In the event that the purchasing consumer withdraws from the purchase contract within the extended 90-day period after the statutory 14-day period, the buyer-consumer is obliged to return the goods no later than the end of the 90th day from the date of receipt, otherwise the right to return the purchase price expires.
4.2.5. If the consumer withdraws from the purchase contract, the operator is obliged without undue delay, no later than 14 days after withdrawal from the purchase contract, to return all funds, including delivery costs, in the amount corresponding to the cheapest offered method of delivery, in the same way as used the consumer at the time of his payment. The seller will return the funds received to the consumer in another way, if the consumer has agreed and if he does not incur additional costs.
4.2.6. The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs are the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the seller.
4.2.7. The consumer acknowledges that the cost of delivery of the goods will be reimbursed only in the event of withdrawal from the contract in full.
4.2.8. If the consumer withdraws from the purchase contract, the subject of which is the sale of goods, the operator is not obliged to return the received funds / payments to the consumer before the consumer hands over (delivers) the goods or until the consumer proves that he sent the goods back to the operator.

4.2.9. If the consumer withdraws from the purchase contract legitimately, the consumer can agree with the seller that he will be reimbursed the cost of delivery of the ordered goods in the form / way of so-called "Return consignment", i.e. by way of reimbursement of the costs of returning the goods back to the seller. If the consumer returns the goods from one order in several shipments, he is entitled to use one label.
4.2.10. The consumer acknowledges that if the consumer withdraws from the contract, he will bear the cost of returning the goods to the seller under § 10 para. 3 of the Consumer Protection Act when selling goods on the basis of a distance contract, and if he withdraws from the distance contract, also the costs of returning the goods, which due to their nature cannot be returned by post.
4.2.11. The consumer is responsible for the reduction in the value of the goods resulting from such treatment of the goods as is beyond the scope of the treatment necessary to determine the characteristics and functionality of the goods.
4.2.12. If the consumer withdraws from the purchase contract unjustifiably and / or in violation of applicable law, and still sends the goods to the operator, the goods will not be accepted or will be stored by the seller in accordance with the relevant provisions of the Civil Code.
4.2.13. If a gift is provided with the goods together with the goods, a gift contract is concluded between the seller and the buyer with a termination condition, and if the buyer withdraws from the purchase contract, the gift contract expires and the buyer is obliged to deliver the goods with the gift to the seller. give back.
4.2.14. If the consumer withdraws from the contract, in accordance with the provisions of § 8 para. 5 of the Consumer Protection Act when selling goods at a distance is entitled to a refund of the price for the ancillary service if the subject of the ancillary contract is the provision of the service and if this service has been fully provided (especially the price for the cash on delivery service).
4.3. Withdrawal from the purchase contract by the operator

4.3.1. The operator pays attention to a good orientation in the market of goods sold, however, there may exceptionally be a situation where he will not be able to deliver the ordered goods under the agreed conditions in the purchase contract, respectively. he will not be able to deliver it at all for reasons not on his part. The operator therefore reserves the right to withdraw from the purchase contract concluded with the buyer, who is an entrepreneur, and the buyer entrepreneur agrees to such an exceptional case in such cases.

4.3.2. The operator has the right to withdraw from the purchase contract concluded with the buyer, who is also an entrepreneur if the supplier of the ordered goods to the seller has significantly changed prices, if there have been significant changes in freight prices, or if the operator finds that the goods were mistakenly offered at the wrong price, and the buyer did not accept the relevant change in the purchase contract, the so-called increase in the price of goods or increase in transport costs.
4.3.3. The buyer, who is an entrepreneur, acknowledges that the seller has no obligation to enter into a purchase agreement with the buyer, who is an entrepreneur. The Buyer further acknowledges that the Seller is entitled to withdraw from the purchase agreement concluded with the Buyer, who is not an entrepreneur who has materially breached its obligation in any of the previous relations concerning the obligations with the Seller. Breach of the previous contractual relationship in a material way is considered for the purposes of withdrawal from the contract as a proceeding under § 345 of the Commercial Code.
4.3.4. If the operator withdraws from the purchase contract, he is obliged to immediately inform the buyer to the email address provided by the buyer when creating the order. Furthermore, he is obliged to return to the buyer the full purchase price of the goods, if it has already been paid or reduced in accordance with these terms and conditions and applicable law
5. Warranty conditions

The warranty conditions for the goods are governed by the Seller's Complaints Procedure and applicable legal regulations.
6. Possibility of alternative dispute resolution

6.1. Alternative Dispute Resolution is the procedure of the subject of alternative dispute resolution according to the Act on Alternative Settlement of Consumer Disputes (Act No. 391/2015 Coll. On Alternative Settlement of Consumer Disputes and on Amendments to Certain Acts, hereinafter also referred to as the “Act on Alternative Dispute Resolution”). the aim is to reach a friendly settlement of the dispute between the parties to the dispute.

6.2. The parties to the dispute are the consumer who has applied for an alternative dispute resolution and the seller against whom the proposal is directed.
6.3. The subject of alternative dispute resolution is the body of alternative dispute resolution and an authorized legal entity registered in the list maintained by the Ministry of Economy of the Slovak Republic (http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/ list-of-entities-alternative-resolution-consumer-disputes). Alternative Dispute Resolution (ADR) bodies are:
(a) Network Industries Regulatory Authority;
b) the Office for the Regulation of Electronic Communications and Postal Services;
c) Slovak Trade Inspection;
d) Consumer Protection Society (S.O.S.) Poprad;
e) Banking Ombudsman of the Slovak Banking Association;
f) OMBUDSPOT, the consumer protection association;
g) Slovak Insurance Association.
6.4. The consumer has the right to contact the seller for redress if he is not satisfied with the way the seller handled his complaint or if he believes that the seller has violated his rights, by e-mail at: obchod@givsport.sk or by mail at the address: Pod lipami 96, Liptovský Hrádok 033 01.
6.5. The consumer shall have the right to request the initiation of an ADR entity (hereinafter referred to as the “ADR”) of the ADR entity if the seller has responded to the request under the previous paragraph or has not replied within 30 days from the date of dispatch, in the manner and under the conditions specified in the Act on Alternative Dispute Resolution for Consumers.
6.6. An ADR entity may reject a proposal to initiate an ADR on the grounds, inter alia:
(a) if the consumer submits a proposal after one year from
1. the delivery of the seller's negative response to the consumer's request for redress, or
2. the expiration of a 30-day period in vain from the date on which the consumer sent the seller a request for redress to which the seller did not respond;
(b) the consumer has not demonstrably attempted to resolve the dispute by communicating with the seller prior to the application;
(c) the quantifiable value of the dispute does not exceed EUR 20;
the matter to which the proposal relates has previously dealt with and the consumer has been informed of the outcome of its submission, the proposal does not contain any new facts and alternative dispute resolution would clearly be ineffective in all circumstances;
(e) it is clear in all circumstances that ADR could only be resolved with a disproportionate effort.
6.7 The ADR entity shall be obliged to act independently, impartially, with due professional care, in order to resolve the dispute, taking into account the protection of the rights and legitimate interests of the parties to the dispute. If, after a thorough assessment of all the findings and the views of the parties to the dispute, it is clear that the parties to the dispute have an interest in finding an amicable settlement, the ADR entity shall draw up a draft dispute settlement agreement.
6.8. If no agreement is reached between the parties to the dispute pursuant to the preceding paragraph and the ADR entity reaches a reasoned conclusion on the basis of the facts it finds in ADR, the seller has infringed the consumer's rights under consumer protection law, terminates ADR by issuing a non-binding reasoned opinion.
6.9. The ADR shall end on the date of (a) the settlement of the dispute settlement agreement; (b) issuing a reasoned opinion; (c) postponement of the proposal; (d) death or declaration of death in the case of a party to the dispute who is a natural person; (e) dissolution without a legal successor in the case of a party to the dispute which is a legal person; or (f) removing a legal entity from the list.

7. Protection of personal data

7.1. Personal information

7.1.1. Personal data means data relating to an identified or identifiable natural person, such person being a person who can be identified directly or indirectly, in particular by a generally applicable identifier or by one or more of the characteristics or features that make up his physical, physiological, mental, mental, economic, cultural or social identity.
7.1.2. The Seller, as the operator who prepares the processing of personal data of the person concerned, before obtaining personal data in accordance with the provisions of § 15 of Act no. 122/2013 Coll. on Personal Data Protection and on Amendments to Certain Acts (hereinafter referred to as the “Personal Data Protection Act”) notifies the data subject in advance of the data required by law directly on the wording of the data subject's consent.
7.1.3. The seller hereby notifies the buyer that the meaning of § 10 par. 3 letter b) of Act no. 122/2013 Coll. on Personal Data Protection and on Amendments to Certain Acts (hereinafter referred to as the Personal Data Protection Act) pre-contractual relations with the buyer, which take place at the request of the buyer and the processing of personal data of the buyer is necessary for the performance of the purchase contract in which the buyer acts as one of the parties. The operator is registered with the Office for Personal Data Protection.
7.1.4. The contracting parties have agreed that the buyer, if he is a consumer, is obliged to inform the seller in the order of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address. The contracting parties have agreed that the buyer, if he is an entrepreneur, is obliged to notify the seller of his business name, registered office address, including postal code, ID number, telephone number and e-mail address.
7.1.5. The buyer can, by checking the appropriate box before sending the order, give the seller his consent in accordance with § 11 para. 1 et seq. Of the Personal Data Protection Act, so that the seller processes and stores his personal data, especially those listed above and / or which are necessary in the activities of the seller in order to send information about new products, discounts and promotions for the offered goods and process them in all its information systems concerning the sending of information about new products, discounts and promotions on the goods offered. The buyer grants the seller this consent for a definite period until the purpose of processing the buyer's personal data is fulfilled. After fulfilling the purpose of processing, the seller will immediately ensure the liquidation of the buyer's personal data. The buyer may revoke the consent to the processing of personal data at any time in writing.
7.1.6. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account or when ordering) correctly and truthfully, and that he is obliged to inform the seller without undue delay about the change of his personal data.
7.1.7. By processing the buyer's personal data, the seller may entrust a third party as a processor. Current information about the processors of personal data is given here and, if necessary, will also be sent to the buyer at his request.
7.1.8. Personal data will be processed for the time necessary to achieve the purpose of processing in electronic form in an automated manner or in printed form in a non-automated manner.

7.2. Rights of the person concerned

7.2.1. The person concerned has the right to request the operator upon written request
(a) confirmation as to whether or not personal data relating thereto are being processed;
b) in a generally comprehensible form, information on the processing of personal data in the information system to the extent pursuant to § 15 par. 1 letter a) to e) the second to sixth points of the Personal Data Protection Act; when issuing a decision according to § 28 par. 5 of the Personal Data Protection Act, the data subject is entitled to become acquainted with the procedure of processing and evaluation of operations;
(c) in a generally comprehensible form, precise information about the source from which he obtained his personal data for processing;
(d) in a generally comprehensible form, a list of her personal data which are the subject of the processing;
(e) correcting or disposing of incorrect, incomplete or out-of-date personal data which are the subject of processing;
(f) the destruction of his personal data whose purpose of processing has ended; if official documents containing personal data are processed, it may request their return;
g) the destruction of her personal data which are the subject of the processing, if there has been a breach of the law;
(h) the blocking of his personal data by reason of the withdrawal of the consent before its expiry, if the controller processes the personal data with the consent of the data subject.
7.2.2. Upon written request, the person concerned has the right to object to the operator
(a) processing its personal data which it expects to be or will be processed for direct marketing purposes without its consent and requesting their destruction;
b) the use of personal data specified in § 10 par. 3 letter d) of the Personal Data Protection Act for the purposes of direct marketing in the postal system; or
c) the provision of personal data specified in § 10 par. 3 letter d) of the Personal Data Protection Act for the purposes of direct marketing.
7.2.3. The person concerned, on the basis of a written request or in person, if the matter cannot be postponed, has the right to object to the processing of personal data at any time in cases pursuant to § 10 para. 3 letter a), e), f) or g) of the Personal Data Protection Act by stating justified reasons or presenting evidence of unauthorized interference with its rights and legally protected interests, which are or may in a specific case be harmed by such processing of personal data; if this is not prevented by legal reasons and it is proven that the objection of the data subject is justified, the controller is obliged to block and destroy the personal data, the processing of which the data subject objected to, without undue delay as soon as circumstances allow.
7.2.4. The person concerned shall, at the written request or in person, fail to object, and at any time object to the controller and not to comply with the controller's decision which would have legal effects or a significant effect on him if such a decision is issued solely on the basis of automated processing operations. personal data. The data subject shall have the right to request the controller to review the decision issued in a manner different from the automated form of processing, and the controller shall comply with the data subject's request, with the beneficiary having a decisive role in reviewing the decision; The operator shall inform the person concerned of the method of examination and the result of the finding within 30 days from the date of receipt of the request. The person concerned shall not have this right only if provided for by a special law providing for measures to safeguard the legitimate interests of the person concerned, or if, in pre-contractual relations or during the existence of contractual relations, the operator has issued a decision granting the person's request or the operator has taken other appropriate measures under the contract to safeguard the legitimate interests of the person concerned.
7.2.5. If the person concerned exercises his right
(a) in writing and the content of its application shows that it is exercising its right, the application shall be deemed to have been submitted in accordance with this Act; the request shall be delivered in writing by e-mail or fax no later than three days from the date of its dispatch;
(b) in person orally in the minutes, from which it must be clear who exercised the right, what he is seeking and when and by whom the minutes were drawn up, his signature and the signature of the person concerned; the operator is obliged to hand over a copy of the minutes to the person concerned;
(c) in the case of an intermediary pursuant to point (a) or point (b), the latter shall be required to transmit this request or minutes to the operator without undue delay.
7.2.6. If the data subject suspects that his or her personal data are being processed unjustifiably, he or she may submit a request to the Office to initiate proceedings on the protection of personal data.
7.2.7. If the person concerned does not have full legal capacity, his rights may be exercised by a legal representative. If the person concerned is not alive, his or her rights under this Act may be exercised by a close person.

7.2.8. The buyer is familiar with the storage of so-called cookies on his computer. Through the settings of his web browser, the buyer can manually delete, block or completely disable individual cookies. Individual cookies can also be blocked or allowed only for specific sites. For more information, see the cookie policy.
8. Final provisions

8.1. The language of communication between the operator and the buyer and the language of the purchase contract is Slovak. The concluded purchase contracts are archived by the operator in electronic form and are not accessible to other persons.
8.2. In the event that any provision of these terms and conditions would be invalid or ineffective for any reason, this fact does not cause the invalidity or ineffectiveness of other parts of the terms and conditions or the purchase contract.
8.3. The wording of these terms and conditions may be amended by the operator. The amended terms and conditions are effective on the day of their publication. The rights and obligations of the operator and the buyer arising before the date of entry into force of the new version of the terms and conditions are not affected by the change.
8.4. If the relationship established by the purchase contract contains an international (foreign) element, the contracting parties agree that the relationship established by the purchase contract as well as all possible disputes arising from it are governed by the law of the Slovak Republic.
8.5. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is provided by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of ​​personal data protection. The supervisory body for the protection of the buyer as a consumer is the Inspectorate of the Slovak Trade Inspection for the Bratislava Region, Prievozská 32, POBox 5, 820 07 Bratislava, http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi.
8.6. The contracting parties have agreed that the court of the Slovak Republic has jurisdiction to resolve any disputes between the operator and the buyer. Any disputes between the operator and the consumer can also be resolved out of court. In such a case, the consumer may contact an out-of-court dispute resolution entity, which is the Slovak Trade Inspection or another relevant authorized legal entity entered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic. The consumer may also lodge a complaint through the RSO Alternative Dispute Resolution Platform under Regulation (EU) No 182/2011 of the European Parliament and of the Council. Amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (hereinafter referred to as the "Online Consumer Dispute Resolution Regulation"), available online at: https: / /webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN. judicial settlement of the dispute. The operator recommends that the buyer first use the electronic address office@givsport.com to resolve the situation before the extrajudicial or judicial settlement of the dispute.

In Liptovský Hrádok on April 20, 2018
GIVsport s.r.o.