General Terms and Conditions

1.1 These general terms and conditions govern the rights and obligations of the parties arising from the contract for the provision of services concluded between the Seller, which is Oxy Addict s.r.o. IČO 52 345 301 with its registered office at Leitne 101,90201 Pezinok, registered with the District Court Bratislava I, Section Sro, Insert 113516/B (hereinafter referred to as the „Seller“) and the Buyer, who is an end consumer ordering services through the Seller’s e-shop (hereinafter referred to as the „Buyer“).

Kontaktné údaje predávajúceho:

Oxy Addict s.r.o., Leitne 101,90201 Pezinok

info@oxywater.sk

www.oxywater.sk

1.2 The registered office address and contact details of the Seller referred to in the preceding paragraph shall be the contact details of the Seller for the purposes of lodging complaints or complaints as well as other communication with the Seller.

1.3 The Seller’s activities are subject to the supervision of the supervisory authority:

Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region,

Prievozská 32, P.O. Box 5, 820 07 Bratislava 27

Department of Technical Product Inspection and Consumer Protection

tel. no.: 02/ 58272 172-3 fax no.: 02/ 58272 170

1.4 Every consumer (buyer) has the right to apply to an alternative dispute resolution body in order to protect his/her consumer rights arising from a contract for the provision of services concluded pursuant to these General Terms and Conditions, without prejudice to the possibility of applying to a court. If the Buyer is not satisfied with the way in which the Seller has handled his complaint or believes that the Seller has violated his rights, he shall have the right to apply to the Seller for redress. If the Seller responds to such a request of the Buyer in a negative manner or does not respond to such a request within 30 (thirty) days from the date of its dispatch, the Buyer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes. The competent entity for alternative dispute resolution of consumer disputes with the Seller is: The Slovak Trade Inspection Authority or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. The buyer has the right to choose which of the above alternative dispute resolution entities to turn to.

1.5 The Buyer may also submit a proposal for the initiation of alternative dispute resolution through the alternative dispute resolution platform, which is available online at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK

1.6 By sending an electronic order to the Seller, the Buyer confirms that he agrees that these General Terms and Conditions and their provisions shall apply to all purchase contracts concluded on the e-commerce website operated by the Seller, on the basis of which the Seller delivers the goods presented on the website to the Buyer (hereinafter referred to as the „Purchase Contract“) and to all relations between the Seller and the Buyer arising from the concluded contract for the purchase of the goods and to any claims made for the purchase of the goods.

1.7 The General Terms and Conditions are an integral part of the Purchase Contract.

1.8 The offer of goods on the e-commerce website operated by the Seller is a catalogue of commonly sold goods and the Seller does not guarantee the immediate availability of all goods listed. The availability of the Goods will be confirmed to the Buyer by an e-mail message confirming receipt of the Buyer’s order.

1.9. The Seller shall be bound to the Buyer by its offer of the Goods presented on the Seller’s website, including the price, for a period of at least 24 hours from the date of dispatch of the notification of acceptance of the order to the Buyer.

2. Method of concluding the purchase contract

2.1 Unless otherwise specified for the goods, the customer orders the goods listed in the e-shop catalogue by placing the goods in the basket and then paying for them.

2.2 Submission of the order is not conditional on the customer’s registration in the database of the online shop operator.

2.3 After verifying the availability of the goods and the applicable prices, the operator of the online store will confirm the order to the customer by email or telephone. Upon confirmation of the order, the total price of the ordered goods and services will be confirmed together with the delivery date.

2.4 In the event that the Buyer fails to take delivery of the goods after telephone or e-mail confirmation of the order without prior written withdrawal, the Seller reserves the right to claim damages in the amount of the actual costs of the attempted unsuccessful delivery.

2.5 All electronic orders received shall be deemed to be a draft contract and shall be deemed binding.

2.6 A contract of sale is concluded by the Seller’s binding acceptance of the Buyer’s proposal to enter into a contract of sale.

2.7 Binding acceptance of the Buyer’s order by the Seller is the Seller’s email confirmation to the Buyer of acceptance of the order after prior acceptance of the order by the Buyer and after verification of the availability of the Goods, the applicable prices and the delivery date of the Goods requested by the Buyer.

3. Seller’s rights and obligations

3.1 The Seller shall:

deliver the goods to the Buyer in the agreed quantity, quality and date on the basis of the order confirmed by the Seller and pack or equip them for transport in the manner necessary for their preservation and protection,

ensure that the goods delivered comply with the applicable legislation of the Slovak Republic,

immediately after the conclusion of the contract of sale, but at the latest together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the contract of sale on a durable medium, for example by e-mail.

3.2 The Seller shall be entitled to the due and timely payment of the purchase price by the Buyer for the delivered Goods.

3.3 The Seller shall have the right to cancel the order if, due to stock out or unavailability of the goods, it is unable to deliver the goods to the Buyer within the time period specified in these terms and conditions or at the price stated in the online shop, unless an alternative performance has been agreed with the Buyer. The customer will be informed of the cancellation of the order by telephone or e-mail and in the case of payment of the purchase price or part thereof, the funds will be refunded within 14 days of the cancellation of the order to the account specified by the customer, unless otherwise agreed with the seller.

4. Buyer’s rights and obligations

4.1 The Buyer has been informed by the Seller that the Purchase Order includes the obligation to pay the Purchase Price.

4.2 The Buyer shall:

take delivery of the purchased or ordered goods,

pay to the Seller the agreed purchase price within the agreed due date, including the cost of delivery of the goods,

not to damage the goodwill of the Seller,

confirm receipt of the goods on the delivery note by signing the delivery note or the signature of a person authorised by the seller

4.3 The Buyer is entitled to delivery of the goods in the quantity, quality, date and place agreed by the Parties in the binding acceptance of the order.

5. delivery and payment terms

5.1 After the invoice has been issued, the goods will be dispatched to the customer if he has ordered this service. The Seller will send a tax document – invoice together with the goods.

5.2 Unless otherwise agreed, the online shop operator undertakes to deliver the goods within 4 days of the email confirmation of the order to the customer. If the operator has not fulfilled its obligation to deliver the item within the time limit according to the first sentence, the buyer shall invite the operator to deliver the item within an additional reasonable time limit provided by the operator. If the seller fails to deliver the item even within this additional reasonable period, the buyer is entitled to withdraw from the contract.

5.4 Upon delivery of the goods, the customer is entitled to open the delivered parcel in front of the courier and see if its contents are complete and do not show any signs If the parcel is delivered by a courier company, it is necessary to visually inspect the parcel, if incompleteness or damage is detected, a note will be drawn up with the courier about it. The customer is obliged to unpack the goods at home immediately after receiving the parcel and to check whether they are mechanically damaged. In the event of mechanical damage, the customer is obliged to immediately inform the operator of the online shop, who will agree with the customer on the next course of action. Later claims for mechanical damage can only be accepted if the buyer proves that the claimed defects were already present at the time of receipt of the goods from the carrier. If the delivery is visibly damaged, do not sign the delivery note to the carrier until you have inspected the goods under the packaging in his presence! If the goods are damaged, document the damage (preferably with a photograph), file a claim with the carrier and inform the operator immediately.

5.10 The Seller is entitled to call the Buyer to take over the goods before the expiry of the period agreed in the Purchase Contract.

5.11 Delivery of the goods shall be effected by handing them over to the Buyer at the agreed place, and upon acceptance of the goods, the title to the goods shall pass to the Buyer.

5.13. The Buyer shall be entitled to withdraw from the Purchase Contract in the event of non-delivery of the Goods by the Seller within the period specified in 5.3 of the Terms and Conditions, and the Seller shall be obliged to refund to the Buyer the part of the Purchase Price already paid within 14 days of receipt of the withdrawal from the Purchase Contract by wire transfer to the Buyer’s account designated by the Buyer.

5.17 In order to speed up the processing of the order, payment in advance is required via the GoPay payment gateway.

6 purchase price, shipping and handling

6.1 The Buyer shall pay to the Seller the purchase price of the Goods agreed in the Purchase Contract and/or according to the Seller’s price list valid at the time of conclusion of the Purchase Contract, including the cost of delivery of the Goods (hereinafter referred to as the „Purchase Price“).

6.2 If the Buyer pays the Purchase Price to the Seller by wire transfer, the date of payment shall be deemed to be the date on which the entire Purchase Price has been credited to the Seller’s account.

6.3 The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the time limit according to the Purchase Contract.

6.4 If the Buyer pays the Seller the purchase price for the goods agreed in the Purchase Contract, the Buyer shall be entitled to withdraw from the Purchase Contract and to claim a refund of the purchase price only in accordance with the applicable laws of the Slovak Republic and these General Terms and Conditions.

6.5 The price for postage and packing shall be charged as follows: € 3.90 / courier.

6.7 Before confirming an order, the operator of the online shop may change the price of the goods listed in the e-commerce catalogue for orders of all products in the event of a change in legislation, a change in exchange rates, a significant increase in inflation and a change in prices from manufacturers or suppliers of goods, or if it finds that the price has been incorrectly stated. The online shop operator is obliged to inform the customer of this fact. Before confirming the order, the online shop operator is obliged to request the customer’s consent to change the price according to the current price list. In this case, the buyer has the right to withdraw from the contract.

6.8 Any club, membership or employee discounts are not applicable when purchasing from the online shop.

8 Cancellation of order, return of goods

8.1 In the event that the order has not been confirmed – but at least within 24 hours of receipt, the customer has the right to cancel it by e-mail or telephone. In this case, the customer is not charged a cancellation fee.

8.2 If the customer cancels the order or withdraws from the contract due to non-compliance with the published price or delivery time by the online store operator, the cancellation fee will not be charged and the deposit paid or the full amount will be refunded within 14 calendar days from the date of receipt of the cancellation notice (cancellation of the order) by wire transfer to the bank account designated by the buyer, unless mutually agreed otherwise.

8.5 The Customer may cancel the order by sending a request to the e-mail address info@oxywater.sk or in writing to Oxy Addict s.r.o., Leitne 101, 90201 Pezinok

8.6 The operator of the online shop has the right to cancel the order if due to the sale or unavailability of the goods.

8.9 In the event that the Buyer has already paid for the cancelled order for the goods part or all of the purchase price, this amount will be refunded to him within 14 calendar days from the date of receipt of the notice of withdrawal from the contract (cancellation of the order), by wire transfer to the account designated by him.

8.11 If the conditions for returning the goods are met, the buyer will be refunded the full amount paid for the goods.

9 Processing of personal data

9.1 The Parties agree that for the purpose of proper processing and delivery of the order, the Buyer, if he is a natural person, is obliged to notify the Seller in the order of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address.

9.2 The Parties agree that for the purpose of proper processing and delivery of the order, if the Buyer is a legal entity, the Buyer shall notify the Seller in the order of its business name, registered office address including postal code, VAT number, VAT number (if assigned), telephone number and e-mail address.

10 Withdrawal from the contract

10.1 The withdrawal from the Purchase Contract must contain the information required therein. By withdrawing from the Purchase Contract, the Buyer is obliged to deliver the Goods together with the accessories, including the original proof of purchase, to the Seller. And preferably in the original packaging by sending or bringing it to the address of Oxy Addict Ltd. Matičná 29, 83103 Bratislava. We do not accept parcels sent by cash on delivery. We recommend to insure the goods.

10.2 If the Purchaser withdraws from the Purchase Contract, any supplementary contract related to the contract from which the Purchaser withdrew shall be cancelled from the outset.

10.3 Upon withdrawal from the contract of sale, the Seller shall refund to the Buyer all payments which the Buyer has demonstrably made in connection with the conclusion of the contract of sale, in particular the purchase price, including the cost of delivery of the goods.

10.4 The Seller shall not be obliged to refund to the Buyer any payments under clause 10.14 of these General Terms and Conditions before the Goods have been delivered to it from the Buyer or until the Buyer proves that the Goods have been sent back to the Seller. Payment for the purchased goods will therefore only be made by the Seller to the Buyer upon delivery of the goods back to the address set out in clause 10.1 of these General Terms and Conditions or upon presentation of proof of return of the goods, whichever is the earlier.

10.5 In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods which are used and damaged or incomplete or the value of the Goods in question is reduced as a result of such treatment of the Goods which is beyond the treatment necessary to ascertain the characteristics and functionality of the Goods, the Seller shall be entitled to compensation from the Buyer in the amount of the value of the repair of the Goods and the restoration of the Goods to their original condition, or the Seller shall be entitled to claim reimbursement from the Consumer for the reduction in the value of the Goods.

10.6 The Buyer is obliged to send back or hand over the Goods together with the accessories including the original proof of purchase, warranty card, instructions for use, etc. to the Seller within 14 days from the date of withdrawal from the Contract, and if possible in the original packaging.

10.7 Upon withdrawal, the Buyer shall bear the direct costs of returning the Goods to the Seller or to the person authorised by the Seller to take delivery of the Goods. In the event of withdrawal, the Buyer shall bear the direct costs of returning goods which, due to their nature, cannot be returned by post. The direct costs of returning the goods cannot reasonably be calculated in advance.

11 Final provisions

11.1 The Seller reserves the right to change these General Terms and Conditions. The obligation to give written notice of a change in these General Terms and Conditions is fulfilled by placing it on the Seller’s e-commerce website.

11.2 If the Purchase Contract is concluded in writing, any modification thereof must be in writing.

11.3 Purchase contracts concluded through the electronic shop shall be governed by the relevant provisions of Act No. 22/2004 Coll. on Electronic Commerce, Act No. 250/2007 Coll. on Consumer Protection, Act No. 102/2014 Coll. 40/1964 Coll., the Civil Code and these General Terms and Conditions (hereinafter referred to as „GTC“) governing the details of their conclusion and implementation. All contractual relations between the Seller and the Buyer are concluded in accordance with the law of the Slovak Republic. If the consumer is not a contracting party, legal relations not governed by these General Terms and Conditions shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended.

11.7 By checking the box before submitting the order, the Buyer confirms that he/she has read these General Terms and Conditions, understands their content and agrees to them in their entirety.

11.8 These General Terms and Conditions come into force on 27.10.2020