Terms and conditions

Terms and Conditions
Name of the business: Mgr. Miroslava Gasperová - DuoTravelMonkeys
Registered office: Bratislavská 1930/11, 04 011 Košice-Západ, Slovakia
Identification number: 56 743 157
Registered in the Trade Register maintained by the District Office Košice, Department of Trade Licensing, Komenského 52, 04126 Košice, Slovak Republic,
for the sale of products and services through the online store located at www.duotravelmonkeys.sk

1. Introductory Provisions
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the business entity Mgr. Miroslava Gasperová – DuoTravelMonkeys, with its registered office at Bratislavská 1930/11, 04011 Košice-Západ, Slovakia, identification number: 56743157, registered in the Trade Register maintained by the District Office Košice, Department of Trade Licensing, Komenského 52, 04126 Košice, Slovak Republic (hereinafter referred to as the "Seller"), govern the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store.

The online store is operated by the Seller on the website located at the internet address www.duotravelmonkeys.sk (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web Interface of the Store"), in accordance with Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 102/2014 Coll., on consumer protection in the sale of goods or provision of services at a distance.

1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activity or within the scope of their independent professional practice. 

1.3. Provisions that differ from these Terms and Conditions may be agreed upon in the Purchase Agreement. Such differing provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions. 

1.4. The provisions of these Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are available in both Slovak and English. The Purchase Agreement may be concluded in either Slovak or English. 

1.5. The Seller may change or amend the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions. 

2. User Account
2.1. Based on the Buyer's registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows, the Buyer may also order goods without registration directly from the Web Interface of the Store. 

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is required to update the information in the User Account whenever any of it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller. 

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of information necessary to access their User Account. 

2.4. The Buyer is not authorized to allow third parties to use their User Account. 

2.5. The Seller may cancel the User Account, primarily in the case where the Buyer has not used their User Account for more than 2 years, or in the case where the Buyer breaches their obligations arising from the Purchase Agreement (including the Terms and Conditions). 

2.6. The Buyer acknowledges that the User Account may not be available continuously, primarily due to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third-party hardware and software.

3. Conclusion of the Purchase Agreement 

3.1. The entire presentation of goods displayed on the Web Interface of the Store is for informational purposes only, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The Seller reserves the right to refuse the order, especially in the case of technical errors, incorrectly stated information, or unavailability of the goods. 

3.2. The Web Interface of the Store contains information about the goods, including the prices of individual types of goods and the costs for returning the goods, in case the goods cannot be returned by regular postal means due to their nature. The prices of goods are stated including value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed on the Web Interface of the Store. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed terms.

3.3. The Web Interface of the Store also contains information about the costs associated with packaging and delivery of goods. Information about the costs related to packaging and delivery of goods displayed on the Web Interface of the Store applies to delivery to specific countries according to the options listed in the shipping offer. Shipping costs to other countries may be determined individually based on an agreement between the Seller and the Buyer. 

3.4. To order goods, the Buyer must fill out the order form in the Web Interface of the Store. The order form contains, in particular, the following information:

     3.4.1. the goods being ordered (the Buyer "adds" the ordered goods to the electronic shopping cart of the Web Interface of the Store),

     3.4.2. the methods of payment for the purchase price of the goods, information about the desired method of delivery of the ordered goods, and

     3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order"). 

3.5. Before sending the order to the Seller, the Buyer is allowed to review and modify the information entered into the order, including the option for the Buyer to detect and correct errors made when entering data into the order. The Buyer submits the order to the Seller by clicking the "Order with payment obligation" button. The information provided in the order is considered correct by the Seller. The Seller will promptly confirm the receipt of the order to the Buyer via email, sent to the Buyer's email address provided in the User Account or the order (hereinafter referred to as the "Buyer's Email Address"). 

3.6. The Seller is always entitled, depending on the nature of the order (the quantity of goods, the total purchase price, the estimated shipping costs), to request additional confirmation of the order from the Buyer (for example, in writing or by phone). 

3.7. The contractual relationship between the Seller and the Buyer is established upon the delivery of the accepted order (acceptance), which is sent by the Seller to the Buyer via email, to the Buyer's email address.

3.8. The Buyer agrees to the use of remote communication means in the conclusion of the Purchase Agreement. Any costs incurred by the Buyer in using remote communication means in connection with the conclusion of the Purchase Agreement (such as internet connection costs, telephone call costs) shall be borne by the Buyer, and these costs shall not differ from the basic rate. 

3.9. The Seller reserves the right to amend the terms of the contract in the event of unforeseen circumstances, such as a change in price or product availability. In such cases, the Buyer will be notified of the change and will have the right to either withdraw from the contract or accept the new offer. 

4. Price of the Goods and Payment Terms 

4.1. The Buyer may pay the Seller for the price of the goods and any costs related to the delivery of the goods under the Purchase Agreement by the following methods:

• Bank transfer to the Seller's account No. SK89 0900 0000 0050 2628 6492, held with Slovenská sporiteľňa, a.s. (hereinafter referred to as the "Seller's Account");
• Payment by credit/debit card.

4.2. Along with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.

4.3. The Seller does not require an advance payment or any similar payment from the Buyer. This does not affect the provision of Article 4.6 of the Terms and Conditions, which regulates the obligation to pay the purchase price of the goods in advance. 

4.4. In the case of a cashless payment, the Buyer is obligated to pay the purchase price of the goods along with the indication of the payment's variable symbol. In the case of a cashless payment, the Buyer's obligation to pay the purchase price is considered fulfilled at the moment the corresponding amount is credited to the Seller's account. 

4.5. The Seller is entitled, especially in the case where the Buyer does not provide additional confirmation of the order (Article 3.6), to require payment of the full purchase price before shipping the goods to the Buyer. The provision of Section 2119, Paragraph 1 of the Civil Code shall not apply. 

4.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other. 

4.7. If it is customary in business practice or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document – invoice for payments made under the Purchase Agreement to the Buyer. The Seller is not a VAT payer. The tax document – invoice will be issued by the Seller to the Buyer after the purchase price of the goods has been paid and will be sent in electronic form to the Buyer's email address. 

4.8. The Seller is obligated to provide the Buyer with a confirmation of payment via email or other electronic form. Upon the Buyer's request or in case of a legal obligation, the Seller will issue an invoice in accordance with Act No. 222/2004 Coll. on Value Added Tax. 

5. Withdrawal from the Purchase Agreement 

5.1. The Buyer acknowledges that in accordance with Section 7, Paragraph 6 of Act No. 102/2014 Coll. on Consumer Protection in Distance Selling, it is not possible to withdraw from the Purchase Agreement in the following cases: 

5.2. If the case is not one of those mentioned in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Agreement according to Section 7, Paragraph 6 of Act No. 102/2014 Coll. on Consumer Protection in Distance Selling, the Buyer has the right to withdraw from the Purchase Agreement without providing a reason, within fourteen (14) days from the receipt of the goods. If the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period begins from the date of receipt of the last delivery of goods.

The Buyer may use the sample withdrawal form provided by the Seller for withdrawal from the Purchase Agreement, which is attached to these Terms and Conditions. Withdrawal from the Purchase Agreement must be sent to the Seller exclusively in electronic form to the email address info@duotravelmonkeys.sk, within the time period mentioned above.

5.3. In the case of withdrawal from the Purchase Agreement according to Article 5.2 of these Terms and Conditions, the Purchase Agreement is considered canceled from its beginning. The Buyer is obligated to return the goods to the Seller no later than fourteen (14) days from the day the notice of withdrawal from the Purchase Agreement is delivered to the Seller. The Buyer bears all costs associated with returning the goods to the Seller, including cases where the goods, due to their nature, cannot be returned by regular postal means.

5.4. In the case of withdrawal from the Purchase Agreement according to Article 5.2 of these Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer, using the same method by which the Seller received the funds from the Buyer. The Seller is also entitled to return the funds provided by the Buyer upon the return of the goods by the Buyer or in another way, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to return the received funds to the Buyer before the Buyer returns the goods or provides proof that the goods have been sent to the Seller. 

5.5. The Seller is entitled to unilaterally offset the claim for damages caused to the goods against the Buyer's claim for a refund of the purchase price. 

5.6. In cases where the Buyer has the right to withdraw from the purchase agreement according to § 7 of Act No. 102/2014 Coll. on Consumer Protection in Distance Selling, the Seller is entitled to withdraw from the purchase agreement at any time until the moment the goods are received by the Buyer. In such a case, the Seller will refund the purchase price to the Buyer without undue delay, exclusively by non-cash transfer to an account specified by the Buyer. 

5.7. In the event that a gift is provided to the Buyer along with the goods, the gift agreement between the Seller and the Buyer is concluded with a condition precedent that, if the Buyer withdraws from the purchase agreement, the gift agreement regarding such a gift will become void, and the Buyer is obligated to return the gift along with the goods to the Seller. 

6. Shipping and Delivery of Goods 

6.1. If the method of delivery is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of delivery. 

6.2. If the seller is obligated to deliver the goods to a place designated by the buyer in the order according to the purchase agreement, the buyer is required to accept the goods upon delivery.

6.3. In the event that, due to reasons on the buyer's side, it is necessary to deliver the goods repeatedly or by a method different from the one specified in the order, the buyer is obligated to cover the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.

6.4. When receiving the goods from the carrier, the buyer is obligated to check the integrity of the packaging of the goods and immediately notify the carrier in case of any defects. If the buyer notices any damage to the packaging indicating unauthorized tampering with the shipment, the buyer is not required to accept the shipment from the carrier. 

6.5. Additional rights and obligations of the parties regarding the transportation of goods may be governed by the seller's special delivery conditions, if issued by the seller.

6.6. In case of delayed delivery or damage to the goods during shipment, the Buyer must contact the Seller within 7 working days of receiving the goods to address the issue promptly. 

7. Rights from Defective Performance  

 7.1. The rights and obligations of the contractual parties related to rights arising from defective performance are governed by the relevant generally binding legal regulations of the Slovak Republic, especially the provisions of the Civil Code (Act No. 40/1964 Coll.) and Act No. 250/2007 Coll. on Consumer Protection, as amended.

 7.2. The seller is responsible to the buyer that the goods are free from defects at the time of receipt. In particular, the seller is responsible to the buyer for ensuring that, at the time the buyer takes possession of the goods:

• 7.2.1. The goods have the characteristics agreed upon by the parties, and in the absence of an agreement, have the characteristics described by the seller or manufacturer, or those which the buyer expected considering the nature of the goods and based on advertising by the seller or manufacturer.
• 7.2.2. The goods are suitable for the purpose for which the seller states they are intended or for the purpose for which goods of that type are usually used.
• 7.2.3. The goods match the quality or execution of the agreed sample or model, if the quality or execution was determined according to the agreed sample or model.
• 7.2.4. The goods are in the correct quantity, size, or weight.
• 7.2.5. The goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions do not apply to:

• Goods sold at a lower price due to a defect, where the lower price was agreed upon because of the defect,
• Wear and tear of goods caused by their normal use,
• Used goods, if the defect corresponds to the extent of use or wear the goods had at the time of receipt by the buyer,
• Cases where this follows from the nature of the goods.

7.4. If a defect in the goods appears within six (6) months from the receipt of the goods, it is presumed that the goods were defective at the time of receipt, unless proven otherwise. In this case, the seller is obliged to repair, replace the goods, or refund the purchase price.

If the defect appears after six (6) months from the receipt of the goods, the buyer is obliged to prove that the defect existed at the time of receipt of the goods. If the buyer fails to provide this evidence, the seller is not obligated to accept the complaint.

7.5. The buyer can exercise their rights regarding defective performance by sending an email to info@duotravelmonkeys.sk, where the complaint will be received and processed. If the complaint is accepted, the buyer is required to send the goods to the seller's registered office or business address at: B.ratislavská 1930/11, Košice-Západ, 04011, Slovakia.

The complaint will be processed electronically if the nature of the complaint allows it. If necessary, the seller will agree with the buyer on the next steps.

8. Other Rights and Obligations of the Contracting Parties

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

8.2. The seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

8.3. The seller handles consumer complaints through the email address info@duotravelmonkeys.com. The seller will send information about the resolution of the complaint to the buyer's email address.

8.4. The Slovak Trade Inspection (SOI), located at Karadžičova 2, 820 04 Bratislava, Slovakia, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. Details about the possibility and procedure for dispute resolution can be found on the SOI website: www.soi.sk.

8.5. The European Consumer Centre in Slovakia, located at Mlynské nivy 4924/44A, 82715 Bratislava, is the contact point for resolving consumer disputes under Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes. More information and the possibility to file a complaint can be found on the website: https://esc-sr.sk/.

8.6. The seller is authorized to sell goods based on a business license. The relevant trade office of the Slovak Republic conducts the business inspection within its jurisdiction. The Office for Personal Data Protection of the Slovak Republic supervises the protection of personal data. The Slovak Trade Inspection Authority supervises the compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended.

8.7. The buyer assumes the risk of change in circumstances under Section 1765, paragraph 2 of the Civil Code only in cases where the change in circumstances does not affect the consumer's rights regarding warranty, complaints, or the consumer's right to withdraw from the contract.

9. Protection of Personal Data  

9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 18/2018 Coll. on the Protection of Personal Data and Regulation (EU) 2016/679 on the Protection of Personal Data (GDPR). The seller undertakes to handle the buyer's personal data in accordance with these legal regulations.

9.2. The buyer agrees to the processing of the following personal data: first and last name, residential address, identification number, tax identification number, email address, and phone number (hereinafter collectively referred to as "personal data").

9.3. The buyer agrees to the processing of personal data by the seller for the purposes of fulfilling the rights and obligations arising from the purchase agreement and for the purposes of maintaining the user account. If the buyer does not choose an alternative option, they also agree to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in accordance with this article is not a condition that would, by itself, prevent the conclusion of the purchase agreement.

9.4. The buyer acknowledges that they are required to provide their personal data (during registration, in their user account, when placing an order through the store's web interface) correctly and truthfully, and that they are obligated to inform the seller without undue delay of any changes to their personal data.

9.5. The seller may authorize a third party, as a processor, to process the buyer's personal data. Apart from individuals involved in the delivery of goods, the seller will not sell the buyer's personal data to third parties without the buyer's prior consent. 

9.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in paper form in a non-automated manner.

9.7. The buyer confirms that the provided personal data is accurate and that they have been informed that the provision of personal data is voluntary.

9.8. If the buyer believes that the seller or the processor (clause 9.5) is processing their personal data in a way that is contrary to the protection of the buyer's private and personal life or in violation of the law, particularly if the personal data is inaccurate in relation to the purpose of its processing, they may:

• 9.8.1 request an explanation from the seller or processor,
• 9.8.2 request the seller or processor to rectify the situation. 

9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to charge a reasonable fee for providing the information mentioned in the previous sentence, which does not exceed the costs necessary for providing the information.

10. Sending of Commercial Communications and Storing Cookies 

10.1. The buyer agrees to receive information related to goods, services, or the business of the seller to the buyer's email address, and further agrees to receive commercial communications from the seller to the buyer's email address. 

10.2. The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller's obligations arising from the purchase agreement without storing cookies on the buyer's computer, the buyer may withdraw the consent mentioned in the previous sentence at any time.

11. Delivery

11.1. All information and documents related to the order, purchase, or complaint, as well as other notifications, may be delivered to the buyer's email address.

12. Final provisions

12.1. If the relationship established by the purchase agreement contains international (foreign) elements, the parties agree that the relationship will be governed by Slovak law.

12.2. Unless otherwise agreed in advance, the contractual relationship between the seller and the buyer is governed by the legal system of the Slovak Republic.  

12.3. If any provisions of these terms and conditions are invalid or ineffective, or become so, the invalid provisions will be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.4. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.5. In case of any discrepancies between the Slovak and English versions of these terms and conditions, the Slovak version shall prevail. 

12.6. These Terms and Conditions are valid from the date of their last update, which is indicated at the end of the document. The Seller reserves the right to change or update these Terms and Conditions at any time, with such changes becoming effective from the moment they are published on the website.

12.7. The Seller does not guarantee that the website will be available continuously, without errors or outages. The Seller is not responsible for any technical issues that may affect access or the accuracy of the information on the website.

12.8. Contact details of the seller:

Address - Bratislavská 11, Košice-Západ, 04011, Slovakia
Email address - info@duotravelmonkeys.com

In Košice on January 23, 2025.