Terms & conditions
Terms and conditions
Purchases from the Blažek Slovakia, s.r.o. online store at www.blazek.eu are subject to acceptance of these Terms and Conditions of the Blažek Slovakia, s.r.o. online store (hereinafter the “Online Store”), of which the Complaints Procedure (Article 8) forms an integral part and which form an integral part of the Seller’s offer to enter into a Purchase Agreement. By submitting an order through the Online Store, the Buyer confirms that they have read the Terms and Conditions and the Complaints Procedure, agree to them and expressly accept them.
1. Introductory Provisions
1.1. The operator of the Online Store is the Seller, Blažek Slovakia, s.r.o., with its registered office at Einsteinova 18, 851 01 Bratislava, registered in the Commercial Register maintained by the District Court Bratislava I, Section Sro, File No. 34659/B, Company ID No.: 35917962, Tax ID No.: 2021937720, bank details: ČSOB, a.s., account No. 4020048966/8210, IBAN: SK9075000000004020048966, BIC: CEKOSKBX, email: eshop@blazek.eu, telephone: +420 284 682 396 (call charges apply according to the applicable tariff), contact point/establishment: Zdibsko 620, 250 67 Klecany, Czech Republic, engaged primarily in the manufacture and sale of textiles, textile products, clothing and clothing accessories.
1.2. The operator of the Online Store declares that all information provided on these websites is true and complies with all generally binding regulations valid and effective in the territory of the Slovak Republic.
1.3. These Terms and Conditions apply to the ordering and sale of Goods through the Online Store. They define and specify in greater detail the rights and obligations of the Seller and the Buyer and, in their current wording, form an integral part of the Purchase Agreement.
1.4. Communication with the Buyer takes place electronically by email, by post or by telephone.
1.5. Contractual relations between the Seller and the Buyer shall be governed by the law applicable in the Slovak Republic.
1.6. The Slovak Trade Inspection, Inspectorate of the Slovak Trade Inspection for the Bratislava Region, Bajkalská 21/A, P.O. BOX 5, 820 07 Bratislava, telephone No. 02/582721, 02/58272170, is competent to supervise and monitor the Seller’s compliance with obligations arising from the Consumer Protection Act.
1.7. Information on the individual technical steps leading to the conclusion of the agreement: information on the individual technical steps leading to the conclusion of the agreement is described in detail for the Buyer through the Online Store portal during the process of ordering the Goods.
1.8. Information on the options for identifying and correcting errors made when entering data before submitting an order: before completing the order, the Buyer always has the option to go back one step and correct any error made while placing the order, in particular to adjust the quantity of the Goods ordered or add another product. The entire order will subsequently be updated automatically.
2. Definitions
2.1. “Terms and Conditions” means these Terms and Conditions and the Complaints Procedure for the Blažek Slovakia, s.r.o. online store (e-shop).
2.2. “Online Store” means the server at www.blazek.eu through which the Seller’s Goods are purchased and sold.
2.3. “Goods” means movable property offered for purchase in the Online Store, in particular textiles, textile products, clothing, clothing accessories, clothing components, clothing embellishments and footwear. Each movable item offered in the Online Store is identified by a name and order number and is shown in a photograph. The photograph does not reflect all colour or size variants in which the Goods are offered in the Online Store. Each item of Goods is also accompanied by its specifications and functional properties and, where applicable, its colour and size variants and other parameters and characteristics. Information stating that the Goods are “in stock” is indicative only, because the stock status is updated continuously in response to completed sales, and information on the availability or unavailability of the Goods may therefore appear in the Online Store with a certain delay. If Goods for which a Purchase Agreement has been concluded are unavailable from stock, the Seller shall reject the order without undue delay and no later than five business days after conclusion of the Purchase Agreement.
Except where (i) the Seller rejects the order or (ii) stocks are sold out, the Seller shall deliver the Goods to the Buyer subject to minor additions or deviations that do not materially alter the terms of the offer sent with the order.
2.4. “Seller” means Blažek Slovakia, s.r.o., with its registered office at Einsteinova 18, 851 01 Bratislava, telephone No. +420 284 682 396 (call charges apply according to the applicable operator’s tariff), email: eshop@blazek.eu.
2.5. “Buyer” means a natural or legal person who concludes a Purchase Agreement with the Seller through the Online Store, the subject matter of which is the supply of Goods. The Buyer may be a Consumer or an Entrepreneur.
2.6. “Entrepreneur” means a Buyer who, when concluding and performing the Purchase Agreement, acts within the scope of their business or other commercial activity or in the exercise of their profession.
2.7. “Consumer” means a natural person who, when concluding and performing the Purchase Agreement, does not act within the scope of their business activity, employment or profession.
2.8. “Purchase Agreement” means an agreement concluded between the Seller and the Buyer through the Online Store, the subject matter of which is the delivery of the Subject of Sale for the Purchase Price. Under the Purchase Agreement, the Seller undertakes to deliver the Subject of Sale to the Buyer, and the Buyer undertakes to accept the Subject of Sale and pay the Purchase Price to the Seller. If the Purchase Agreement is concluded between the Seller and a Consumer, the agreement and the related legal relations shall also be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), applicable in the Slovak Republic, in particular Sections 588 et seq. and 52 et seq. If the Purchase Agreement is concluded between the Seller and an Entrepreneur, the agreement and the related legal relations shall also be governed by the relevant provisions of Act No. 513/1991 Coll.
2.9. “Consumer Contract” means a Purchase Agreement concluded by the Seller with a Consumer.
2.10. “Subject of Sale” means the Goods selected by the Buyer from the Online Store’s offer and purchased by the Buyer under the Purchase Agreement.
2.11. “Purchase Price” means the monetary amount payable for the sale of the Goods and stated with the Goods in the Online Store’s offer, including VAT, at the time the Purchase Agreement is concluded.
2.12. “Shipping Costs” means the monetary amount payable for sending the Goods (transport, postage, packaging, delivery and other costs and fees) to the Destination, in the amount stated in the current Shipping Costs tariff.
2.13. “Total Price of the Goods” means the sum of the Purchase Price and the Shipping Costs.
2.14. “Destination” means the place identified by the Buyer when concluding the Purchase Agreement as the place to which the Seller is to send the Subject of Sale.
3. Order and Conclusion of the Purchase Agreement
3.1. The Buyer’s order constitutes an offer to conclude a Purchase Agreement. The Seller automatically informs the Buyer by email that the order has been received. This information confirming receipt of the order constitutes acceptance of the offer to conclude the Purchase Agreement. All accepted orders are considered binding even if the Buyer does not provide an email address or enters it in an incorrect format. Depending on the nature of the transaction, the Seller is entitled to request that the Buyer confirm the order in an appropriate manner, for example by telephone, email or in writing. If, in such a case, the Buyer fails to confirm the order in the required manner within the specified period, the order shall be deemed invalid and the Purchase Agreement shall be deemed not to have been concluded.
3.2. Subject to the exception set out below, the Purchase Agreement is concluded by properly placing a binding order through the interactive completion of the binding order form, containing in particular the Buyer’s identification details, the type of Goods, the clothing size of the Goods, the material variant of the Goods, the place of performance, the Purchase Price of the Goods and consent to the Terms and Conditions, and by submitting the completed order through www.blazek.eu.
3.3. Unless otherwise provided by law, if it becomes apparent after conclusion of the Purchase Agreement that delivery of the Subject of Sale is impossible because the Subject of Sale does not exist and cannot be procured, or that delivery is possible only at a higher price, at higher cost or with other difficulties, in particular where the performance does not correspond to the value of the consideration to be received by the Seller or cannot be provided within the period specified in the Purchase Agreement, the Seller shall be entitled to withdraw from the Purchase Agreement.
4. Delivery Terms
4.1. Unless otherwise provided by law, the Seller fulfils its obligation to deliver the Subject of Sale to the Buyer at the moment when it hands the Subject of Sale over to the carrier arranging its transport for the Buyer.
4.2. Delivery options: the Subject of Sale will be delivered to the Buyer using the method selected by the Buyer from the following options:
a) Personal collection at the selected establishment of the Seller
b) Delivery of the Subject of Sale through a transport company arranging transport of the Subject of Sale for the Buyer
4.3. The Buyer is obliged to accept the duly delivered Subject of Sale, subject to the exception set out in clause 4.4. If the Buyer fails to accept the duly delivered Subject of Sale, the Seller is entitled to withdraw from the Purchase Agreement. In such a case, the Buyer is obliged to reimburse the Seller for the Shipping Costs.
4.4. The Seller may deliver the Subject of Sale to the Buyer no later than six weeks after conclusion of the Purchase Agreement or, where the Purchase Price or a deposit is or is to be paid in advance, within six weeks from the date on which the Purchase Price or deposit is paid. If the Buyer is a Consumer, the Seller shall deliver the Subject of Sale to the Buyer no later than 30 days from the date of conclusion of the Purchase Agreement, unless the Seller and the Buyer agree otherwise. The Seller or the carrier arranging transport of the Subject of Sale for the Buyer shall notify the Buyer by telephone or email of the exact delivery date within this period.
4.5. When accepting the Subject of Sale from the carrier transporting it to the Destination, the Buyer is obliged to inspect the integrity of its packaging. If the Buyer finds that the packaging is damaged or that the consignment containing the Subject of Sale is otherwise damaged or deformed, the Buyer need not accept the consignment. If the Buyer accepts such a consignment, a consignment damage report must be drawn up with the carrier. Unless otherwise provided by law, the Seller is entitled to provide replacement performance to the Buyer within 30 days from the date on which the Buyer was justified in refusing to accept the Subject of Sale. If the consignment containing the Subject of Sale shows no signs of external damage or deformation, but after accepting the consignment the Buyer discovers upon inspection that the Subject of Sale is damaged and that the damage may have been caused during transport, the Buyer is obliged to report this fact without undue delay and no later than two business days after accepting the consignment. If the Buyer is a Consumer, this procedure is recommendatory in nature. The Buyer’s claims shall otherwise be dealt with under the complaints procedure.
5. Transfer of the Risk of Damage to the Subject of Sale and Transfer of Title to the Subject of Sale; Retention of Title
5.1. The risk of damage to the Subject of Sale passes from the Seller to the Buyer when the Buyer accepts the Subject of Sale. If the Buyer is to accept the item from a third party, the risk of damage passes to the Buyer at the moment when the Buyer could dispose of the item, but not before the time specified for performance.
5.2. Title to the Subject of Sale passes from the Seller to the Buyer when the Buyer accepts the Subject of Sale or when the Purchase Price of the Goods is paid in full, whichever occurs later.
6. Purchase Price, Shipping Costs, Total Price of the Goods, Payment Terms and Discounts
6.1. The Buyer undertakes to pay the Seller the agreed Purchase Price and Shipping Costs, either in advance (by payment card) or upon accepting the Subject of Sale (cash on delivery). The Buyer selects the method of paying the Purchase Price when concluding the Purchase Agreement. Unless otherwise provided by law, the Seller reserves the right to reject an order without undue delay where the Seller is entitled to require payment of the Purchase Price or a deposit towards the Purchase Price in advance, in particular where the Subject of Sale consists of a larger quantity of Goods or Goods of a higher value, and to require the Buyer to pay the Purchase Price in advance. The Shipping Costs are payable together with the Purchase Price and by the same method. The Buyer will receive a tax document setting out the Purchase Price and Shipping Costs together with the Subject of Sale. Before submitting the order, the Buyer will be informed through the Online Store portal of the full breakdown of the Total Price of the Goods, including in particular the price of the Goods, VAT, the price including VAT and the Shipping Costs, including all fees, transport costs and any other related costs. By submitting an order through the Online Store, the Buyer confirms that they have been informed of the full breakdown of the Total Price of the Goods.
6.2. If the Buyer pays the Purchase Price or a deposit towards the Purchase Price and the Shipping Costs in advance, the Buyer shall make the payment by payment card. The Purchase Price or deposit towards the Purchase Price and the Shipping Costs are deemed paid when the relevant amount is credited to the Seller’s bank account. If the Purchase Price or deposit towards the Purchase Price and the Shipping Costs are not paid within 14 days from the date on which the Purchase Agreement was concluded, the Seller has the right to withdraw from the Purchase Agreement. Where advance payment of the Purchase Price or deposit towards the Purchase Price and the Shipping Costs has been agreed, the Subject of Sale will be delivered only after the Buyer has paid the Purchase Price or deposit towards the Purchase Price and the Shipping Costs in full.
6.3. If the Purchase Price and Shipping Costs are paid upon acceptance of the Subject of Sale, the Buyer is obliged to pay the Purchase Price and Shipping Costs in cash or by payment card (provided the carrier has equipment for accepting card payments) to the carrier arranging transport of the Subject of Sale for the Buyer. If the Buyer fails to pay the Purchase Price and/or Shipping Costs upon acceptance of the Subject of Sale, the Seller or the carrier arranging transport of the Subject of Sale for the Buyer may refuse to release the Subject of Sale to the Buyer, and the Seller is entitled to withdraw from the Purchase Agreement. In such a case, the Buyer is obliged to pay the Seller the Shipping Costs in the amount agreed in the Purchase Agreement within 14 days from the date on which the Subject of Sale was not released due to non-payment of the Purchase Price and/or Shipping Costs.
6.4. When selling Goods, the Seller may offer Goods at a price lower than the price at which the Goods are normally offered. The Seller may also offer at a lower-than-normal price only Goods with certain parameters, sizes, colours or functional properties. For discounted Goods, the price of the Goods before the discount and the price after the discount are expressly stated. The price of the Goods before the discount means the lowest price at which the Seller sold the Goods during the 30 days preceding the discount. The Seller supplies the Goods at the lower price only while stocks of such Goods last. If, after conclusion of the Purchase Agreement, it becomes apparent that the Subject of Sale cannot be delivered at the lower price because stocks have sold out, the Seller is entitled to reject the order or notify the Buyer accordingly; if the Buyer is not interested in delivery of the Subject of Sale at the normal price, both the Buyer and the Seller have the right to withdraw from the Purchase Agreement.
6.5. If the Buyer withdraws from the agreement, the Buyer shall bear the costs of returning the Subject of Sale.
6.6. If the Buyer withdraws from the agreement, the Seller shall refund to the Buyer the funds received from the Buyer under the agreement, reduced, where applicable, by an appropriate amount corresponding to wear and tear of the Goods.
7. Use and Maintenance of the Goods
7.1. When selecting the Goods, the chosen product type and size must correspond exactly to the needs of the user of the Goods. Before purchasing a product, the Buyer shall take into account its intended use, design, material composition and method of maintenance. Only Goods that are appropriately selected in terms of function, range and size can be expected to fulfil their utility value and intended purpose.
7.2. If the method of using the Subject of Sale is specified in instructions for use, the Buyer is obliged to read those instructions before beginning to use the Subject of Sale.
7.3. Throughout the use of the purchased Goods, sufficient attention must be paid to the basic rules for their use. In particular, it is necessary to consider all factors that adversely affect the product’s full functionality and service life, such as excessive intensity of use or use of the product for an unsuitable purpose. Environmental influences and circumstances of use may reduce the service life of the Goods, and the Seller cannot be held liable for them (for example, the use of unsuitable deodorants, excessive perspiration, excessive friction between clothing components due to the user’s body proportions, or contact of the Goods with sharp-edged objects such as watches or bags). An incorrectly selected size of the Goods cannot be grounds for a subsequent complaint. Likewise, a defect caused by improper handling or improper commissioning cannot be grounds for a complaint.
7.4. Regular maintenance is another condition necessary to preserve the good condition and functionality of the Subject of Sale. Incorrect or insufficient maintenance of the Goods substantially shortens or destroys their full functionality and service life. The service life of the Goods and clothing components is affected by the manner in which they are used and maintained. Appropriate procedures consistent with the symbols on the inner label of the Goods must be followed when maintaining them. In the event of intensive or inappropriate use or insufficient or improper maintenance, the service life of the Subject of Sale may not reach the warranty period, and the Subject of Sale may be damaged or destroyed by normal wear and tear (for example, by frequent wearing, washing, drying and ironing).
7.5. A change in the Goods or their properties occurring during the warranty period as a result of wear and tear, incorrect use, insufficient or unsuitable maintenance, natural changes in the materials from which the Goods are made, damage caused by an external influence, or any other improper intervention by the Buyer or a third party shall not be considered a defect in the Subject of Sale.
8. Liability for Defects and Warranty – Complaints Procedure
8.1. The Seller is liable to the Buyer for defects in the Subject of Sale if they are present when the Subject of Sale is accepted or arise during the warranty period, in accordance with the relevant provisions of the Commercial Code if the Buyer is an Entrepreneur, and the relevant provisions of the Civil Code and the Consumer Protection Act if the Buyer is a Consumer, as well as the rules laid down in the Purchase Agreement.
8.2. The Buyer shall inspect the Subject of Sale upon accepting it or, if that is not possible, without undue delay after accepting it.
Liability for defects in relation to a Buyer who is a Consumer
8.3. The Seller is liable to the Buyer for ensuring that, when accepted by the Buyer, the Subject of Sale conforms to the Purchase Agreement and, in particular, is free from defects. Conformity with the Purchase Agreement means that the Subject of Sale has the quality and functional properties required by the Purchase Agreement, described by the Seller or expected on the basis of the advertising carried out, or that it has the quality and functional properties customary for an item of that kind. If, when accepted by the Buyer, the Subject of Sale does not conform to the Purchase Agreement, the Buyer has the right to have the Seller bring the Subject of Sale into conformity with the Purchase Agreement free of charge and without undue delay, at the Buyer’s request either by replacing or repairing the Subject of Sale; in the event of a material breach of the agreement, the Buyer also has the right to withdraw from the Purchase Agreement.
8.4. The Seller provides a 24-month warranty for the Goods unless otherwise stated by the Seller on the Goods or in the warranty certificate. The warranty period begins on the date on which the Buyer duly accepts the delivered Subject of Sale. The warranty period is suspended from the moment a complaint is lodged until the date by which the Buyer was obliged to accept the Subject of Sale after the complaint was resolved. If the complaint procedure results in replacement of the Subject of Sale, the warranty period begins again upon acceptance of the new Goods. Where a defective component is replaced, the new warranty period applies only to the replaced component of the Subject of Sale.
8.5. The Buyer has the right to assert against the Seller a claim arising from the Seller’s liability for defects in the Subject of Sale (hereinafter a “Complaint”) pursuant to Sections 622 and 623 of the Civil Code.
Pursuant to Section 622 of the Civil Code, if the Subject of Sale has a defect that can be remedied, the Buyer has the right to have the defect remedied free of charge, in a timely manner and properly. The Seller is obliged to remedy the defect without undue delay. Instead of having the defect remedied, the Buyer may request replacement of the Subject of Sale or, if the defect concerns only a component of the Subject of Sale, replacement of that component, provided this does not result in disproportionate costs for the Seller in view of the price of the Subject of Sale or the seriousness of the defect. Instead of remedying the defect, the Seller may always replace the defective Subject of Sale with a defect-free item, provided this does not cause serious inconvenience to the Buyer.
Pursuant to Section 623 of the Civil Code, if a defect cannot be remedied and prevents the Subject of Sale from being properly used as a defect-free item, the Buyer has the right to replacement of the Subject of Sale or the right to withdraw from the agreement. The Buyer has the same rights if the defects can be remedied but the Buyer cannot properly use the Subject of Sale due to the recurrence of a defect after repair or due to a larger number of defects. In the case of other irremediable defects, the Buyer has the right to a reasonable discount on the Purchase Price of the Subject of Sale.
8.6. If the Buyer lodges a Complaint, the Seller is obliged to determine the method of resolving it immediately, in more complex cases no later than three business days from the date on which the Complaint is lodged and, in justified cases, particularly where a complex technical assessment of the condition of the Subject of Sale is required, no later than 30 days from the date on which the Complaint is lodged.
8.7. If the right to remedy a defect by repairing the Subject of Sale is asserted, the Buyer has the right to have the defect remedied free of charge, in a timely manner and properly. The Seller is obliged to remedy the defect complained of without undue delay and no later than 30 calendar days from the date on which the Complaint is lodged. Defects that can be removed by repair without adversely affecting the product’s appearance, function or quality are considered remediable defects.
If a Complaint has not been resolved by repairing the Subject of Sale within 30 calendar days, the Buyer has the right, after that period expires, to have the Subject of Sale replaced with a new, defect-free item or to withdraw from the agreement. The Buyer has the same right if they cannot properly use the Subject of Sale because a remediable defect recurs after repair or because of a larger number of remediable defects. A defect is deemed to recur after repair if the same defect, which has already been remedied at least twice during the warranty period, occurs again. The Subject of Sale is deemed to have a larger number of defects if, at the time the Complaint is lodged, it has at least three different remediable defects arising from different causes.
If the Buyer lodges a Complaint during the first 12 months after purchase, the Seller may reject the Complaint only on the basis of an expert assessment.
Resolution of a Complaint may not take longer than 30 days from the date on which the Complaint is lodged. If the Seller takes possession of the item that is the subject of the Complaint—the Subject of Sale—later than the date on which the Complaint is lodged, the time limits for resolving the Complaint begin to run on the date on which the Seller takes possession of the item.
8.8. The Seller is obliged to issue a written document confirming resolution of the Complaint within 30 days from the date on which the Complaint is lodged, but no later than together with the document confirming resolution of the Complaint if the period for its resolution began to run on the date on which the Seller took possession of the item that is the subject of the Complaint.
Liability for defects in relation to a Buyer who is an Entrepreneur
8.9. The Seller provides the Buyer with a warranty as to the quality of the Subject of Sale, thereby undertaking that throughout the warranty period the Subject of Sale will be fit for its customary purpose and retain its customary properties. Unless otherwise agreed between the Seller and the Buyer, the warranty period is 24 months and begins on the date of delivery of the Subject of Sale.
8.10. In all other respects, the rights and obligations of the Seller and the Buyer, in particular the Buyer’s claims arising from defects in the Subject of Sale, are governed by Sections 422 et seq. of the Commercial Code. The period of 30 calendar days for resolving a Complaint pursuant to clause 8.7 of the Terms and Conditions is considered a reasonable additional period for performance within the meaning of Sections 436 et seq. of the Commercial Code. The Buyer may claim a discount on the Purchase Price or withdraw from the Purchase Agreement only after this period has expired.
Common Provisions
8.11. A Complaint may be lodged by post at the address of the contact point, at the Seller’s registered office or at any branded retail store of the Seller in the Slovak Republic at the addresses listed at www.blazek.eu. A Complaint must be lodged without undue delay as soon as the defect appears. Any delay, together with continued use of the Subject of Sale, may cause the defect to worsen or the Subject of Sale to deteriorate and may constitute grounds for rejecting the Complaint.
8.12. In the Complaint, the Buyer shall state their first name, surname, address and, where applicable, telephone number or email address, identify the Subject of Sale, state the date and place of its acceptance, and identify the defect complained of. The Buyer shall attach to the Complaint a document evidencing the date and place of acceptance of the Subject of Sale, any warranty certificate that was issued, and the Subject of Sale itself in complete condition, cleaned, free of all dirt and hygienically safe. If the Buyer fails to submit a document evidencing the date and place of acceptance of the Subject of Sale, the Buyer risks being unable to prove that the Complaint was lodged on time and that the claim is justified.
8.13. If the Buyer asserts a right arising from defective performance, the Seller shall provide written confirmation of when the Buyer asserted the right arising from liability for defects and, after the Complaint has been resolved, shall issue confirmation of the manner in which it was resolved, any repair carried out and the duration of the complaints procedure.
8.14. The warranty does not cover normal wear and tear, expiry of the product’s service life due to excessive use beyond its intended use or purpose, unsuitable maintenance, or use contrary to the specified purpose. A Complaint cannot be lodged in respect of defects for which a discount on the Purchase Price was granted.
8.15. The Seller accepts no liability for damage arising from the functional properties of the Goods, improper use of the Subject of Sale or incorrect handling of the Subject of Sale. The warranty does not cover defects arising from these causes.
8.16. After resolving a Complaint, the Seller is obliged to send the Subject of Sale to the Buyer at the address stated by the Buyer in the binding order or, if the Buyer states a different address when lodging the Complaint, to that address, unless otherwise agreed between the Buyer and the Seller. The Buyer is obliged to accept the Subject of Sale after the Complaint has been resolved. If the Buyer is late in accepting the Subject of Sale, the Buyer is obliged to reimburse the Seller for the costs associated with storing it, at a flat rate of EUR 4 for each day of delay. If the Buyer is more than six months late in accepting the Subject of Sale from the date on which resolution of the Complaint was notified to the Buyer or, if it was not possible to notify the Buyer, from the date on which the period for resolving the Complaint expired, the Seller is entitled and authorised to arrange disposal of the Subject of Sale on the Buyer’s behalf.
8.17. If a Buyer who is late in accepting the Subject of Sale requests that it be sent again, the Seller is obliged to send it to the Buyer only on condition that the Buyer pays all costs associated with such dispatch in advance.
8.18. The information on the procedure for lodging and resolving Complaints set out in these provisions applies, as appropriate, to complaints and submissions made by consumers.
9. Alternative Resolution of Consumer Disputes—Where the Buyer Is a Consumer; Handling of Complaints and Submissions
9.1. If the Buyer is dissatisfied with the manner in which the Seller has resolved the Buyer’s Complaint or believes that the Seller has infringed the Buyer’s rights, the Buyer has the right to contact the Seller with a request for remedy. If the Seller rejects the Buyer’s request under the preceding sentence or fails to respond within 30 days from the date on which the Buyer sent it, the Buyer has the right to submit a proposal to initiate alternative dispute resolution pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts (hereinafter the “Alternative Resolution of Consumer Disputes Act”). The competent entity for the alternative resolution of consumer disputes with the Seller is (i) the Slovak Trade Inspection, which may be contacted for this purpose at Slovak Trade Inspection, Central Inspectorate of the Slovak Trade Inspection, Department for International Relations and Alternative Resolution of Consumer Disputes, Bajkalská 21/A, P.O. BOX 29, 827 99 Bratislava, or electronically at ars@soi.sk or adr@soi.sk; or (ii) another competent authorised legal entity entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list of authorised entities is available at http://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov). The Buyer has the right to choose which of these alternative dispute resolution entities to contact. This is without prejudice to the right to apply to a court. To submit a proposal for the alternative resolution of a consumer dispute, the Buyer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
9.2. Pursuant to Section 12(3) of the Alternative Resolution of Consumer Disputes Act, the Buyer’s proposal to initiate alternative dispute resolution must contain:
a) the Consumer’s first name and surname, service address, email address and telephone contact details, if available,
b) precise identification of the Seller,
c) a complete and comprehensible description of the decisive facts,
d) an indication of the remedy sought by the Buyer as a consumer,
e) the date on which the Buyer, as a consumer, contacted the Seller with a request for remedy and information that the attempt to resolve the dispute directly with the Seller was unsuccessful,
f) a declaration that no identical proposal has been submitted in the same matter to another alternative dispute resolution entity, that no court or arbitration tribunal has decided the matter, that no mediation agreement has been concluded in the matter, and that alternative dispute resolution in the matter has not been terminated in any of the ways referred to in Section 20(1)(a) to (e) of the Alternative Resolution of Consumer Disputes Act.
The proposal may be submitted on paper, electronically or orally for the record. To submit a proposal, the Buyer may use the model form available for download from the Seller’s website at www.blazek.eu and also available on the Ministry’s website at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1 and on the website of each alternative dispute resolution entity. The Buyer shall attach to the proposal documents relating to the subject matter of the dispute that substantiate the facts stated in the proposal.
9.3. The Buyer may address a complaint or submission concerning an infringement of their rights to the Seller or, where applicable, to the supervisory authority, the Slovak Trade Inspection, Bajkalská 21/A, P.O. BOX 29, 827 99 Bratislava.
10. Withdrawal by a Consumer from the Purchase Agreement
The Seller, Blažek Slovakia, s.r.o., with its registered office at Einsteinova 18, 851 01 Bratislava, hereby informs a Buyer who is a Consumer of the right to withdraw from the Purchase Agreement and of the conditions, period and procedure for exercising that right:
10.1. A Buyer who is a Consumer has the right to withdraw from the Purchase Agreement without giving any reason and without any penalty within 14 days from the date on which the Subject of Sale is accepted.
For this purpose, the Subject of Sale is deemed accepted at the moment when the Buyer or a person designated by the Buyer, other than the carrier, accepts the ordered Goods, or, if:
a) the Goods ordered by the Consumer in a single order are delivered separately, at the moment of acceptance of the Goods delivered last,
b) Goods consisting of several parts or pieces are delivered, at the moment of acceptance of the last part or piece.
The Buyer may also withdraw from the agreement before the withdrawal period begins to run.
10.2. However, a Buyer who is a Consumer may not withdraw from a Purchase Agreement the subject matter of which was the supply of Goods modified according to the Consumer’s specific requirements, custom-made Goods or Goods intended specifically for a single Consumer.
10.3. The Buyer shall notify the Seller of withdrawal from the agreement in writing by letter sent to the Seller’s registered office at Blažek Slovakia, s.r.o., Einsteinova 18, 851 01 Bratislava, to the address of the contact point, or by email to eshop@blazek.eu. The withdrawal period is deemed observed if the notice of withdrawal is sent to the Seller no later than on the last day of the period. The Buyer may use the Form provided by the Seller for this purpose and attached to these Terms and Conditions.
The model withdrawal form is available here.
10.4. In the event of withdrawal from the Purchase Agreement, the Buyer is obliged to return the Subject of Sale to the Seller no later than 14 days from the date of withdrawal, in the condition in which it was accepted—that is, unused and undamaged—together with all components, accessories and documentation and the proof of sale. The Buyer shall arrange the return of the Subject of Sale by sending it to the Seller’s registered office at Blažek Slovakia, s.r.o., Einsteinova 18, 851 01 Bratislava, or to the contact point at BLAŽEK PRAHA a.s., P3 Prague D8 - Hala DC05, Zdibsko 620, 250 67 Klecany - Česká republika. The period is deemed observed if the Subject of Sale is handed over for transport no later than on its last day. The Buyer may also hand over the Subject of Sale to the Seller at the address of the Seller’s registered office.
10.5. If the Buyer withdraws from the agreement, the Buyer shall bear all costs associated with returning the Subject of Sale to the Seller, including the costs of returning a Subject of Sale which, due to its nature, cannot be returned by post. The Seller is entitled to refuse to accept a consignment sent at the Seller’s expense.
10.6. If the Buyer withdraws from the agreement pursuant to this Article, the Seller shall refund to the Buyer all payments received from the Buyer under or in connection with the agreement, including the Shipping Costs, using the same method used by the Buyer for payment, i.e. to the account from which the payment card transaction was made or by postal order sent to the Buyer’s address. The Seller is not obliged to refund additional costs if the Buyer selected a delivery method that is more expensive than the method offered by the Seller. The Seller may also refund the Purchase Price to the Buyer in cash if the Subject of Sale is returned by being handed over at the Seller’s establishment. The Seller shall refund the payments to the Buyer without undue delay and no later than 14 days from the date on which the notice of withdrawal is delivered. The Seller is not obliged to refund the Buyer’s payments before the Buyer delivers the Subject of Sale to the Seller or proves that the Subject of Sale has been sent back to the Seller. The Buyer is liable for any reduction in the value of the Subject of Sale resulting from handling it in a manner other than that necessary to establish its properties and functionality. Unless otherwise provided by law, if a damaged or incomplete Subject of Sale is returned, or if the Seller has claims against the Buyer, the refunded Purchase Price shall be reduced accordingly by setting off the amount corresponding to the reduction in the value of the returned damaged or incomplete Subject of Sale or by setting off the Seller’s claim.
11. Information for a Buyer Who Is a Natural Person on Rights Relating to the Processing of Personal Data
11.1. As controller, the Seller processes the Buyer’s personal data in accordance with Act No. 18/2018 Coll. on Personal Data Protection (hereinafter the “Personal Data Protection Act”) and Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). By providing this information, the Seller fulfils its information obligation towards the Buyer. The Seller processes personal data concerning the Buyer, who is the data subject for this purpose, in accordance with the Personal Data Protection Act. If the data subject is under 16 years of age, they are obliged to inform the Seller of that fact. The Seller processes personal data obtained from the Buyer that is necessary for the purpose of concluding and performing the Purchase Agreement. The Buyer is responsible for the correctness, accuracy and truthfulness of the data provided to the Seller.
The Seller processes the Buyer’s personal data for the purpose of exercising rights and fulfilling obligations under the Purchase Agreement to which the Buyer is a party, in particular for processing, handling and confirming the order; collecting claims for the Purchase Price and Shipping Costs of the Subject of Sale; and handling the Buyer’s Complaints and other complaints concerning rights and obligations under the Purchase Agreement. The legal basis for processing is the Purchase Agreement between the Seller and the Buyer. The Seller retains this data until expiry of the limitation period for asserting the last of the possible rights of the parties arising from the Purchase Agreement.
The Seller processes the Buyer’s personal data for purposes laid down by specific legislation, in particular in the fields of taxation, accounting and archiving. The legal basis for processing is specific legislation, in particular the Accounting Act, the Income Tax Act, the Value Added Tax Act and the Act on Archives and Registries. The Seller retains this data for the period specified by such specific legislation.
The Seller processes the Buyer’s personal data for the purpose of protecting its rights in administrative, civil or criminal proceedings. The legal basis for processing is the Seller’s legitimate interest. The Seller retains this data for five years from delivery of the Subject of Sale to the Buyer.
The Seller processes the Buyer’s personal data for the purpose of preventing hacking attacks. The legal basis is the Seller’s legitimate interest in ensuring information security, preventing unauthorised access and protecting against hacking attacks. The Seller retains this data for as long as it processes the Buyer’s personal data for another purpose on another legal basis.
The data processed includes personal data within the scope of the information in the order form, order data and information on transport, delivery of the Subject of Sale and payment.
11.2. If the Seller intends to further process personal data for another purpose, it is obliged, before such further processing, to provide the Buyer with information on that other purpose, the legal basis and the retention period for the personal data and, where the law requires the Buyer’s consent to processing, to obtain that consent from the Buyer. Personal data means any information relating to an identified natural person or an identifiable natural person who can be identified directly or indirectly, in particular by reference to a generally applicable identifier, another identifier such as a first name, surname, identification number, location data or online identifier, or to one or more characteristics or attributes constituting their physical, physiological, genetic, psychological, mental, economic, cultural or social identity.
11.3. The Buyer has the right to obtain confirmation from the Seller as to whether personal data concerning the Buyer is being processed. If the Seller processes personal data, the Buyer has the right to access that personal data and to request information on the purpose of processing, the scope and categories of personal data processed, including the source from which the personal data was obtained, the intended retention period, whether automated decision-making, including profiling, takes place, and any recipients or categories of recipients of the personal data. The Buyer also has the right to request rectification or erasure of personal data if it is inaccurate or if the purpose for which it was processed no longer applies.
11.4. The Buyer has the right to obtain from the Seller personal data concerning the Buyer that the Buyer provided to the Seller. This right should apply where the data subject provided personal data on the basis of consent or where processing is necessary for performance of a contract. At the Buyer’s request, the Seller shall provide this data to the Buyer without undue delay in a structured, commonly used and machine-readable format. This right does not apply to personal data that is not processed by automated means.
11.5. If the Buyer believes that the processing of personal data is contrary to the protection of private and personal life or contrary to applicable law, the Buyer is entitled to request restriction of processing, object to processing, request an explanation and request that the situation be remedied, in particular by requesting rectification, supplementation or destruction of the personal data. If the Buyer believes that their personal data is being processed unlawfully, the Buyer has the right to submit a proposal to initiate proceedings before the supervisory authority for the territory of the Slovak Republic, the Office for Personal Data Protection of the Slovak Republic (www.uoou.sk).
11.6. If you have any questions regarding the processing of personal data, you may contact us:
- at the Seller’s registered office: Blažek Slovakia, s.r.o., Einsteinova 18, 851 01 Bratislava
- at the correspondence address of BLAŽEK PRAHA a.s., Poděbradská 538/46, 190 00 Prague 9, Czech Republic
- by email: eshop@blazek.eu
- by email to the data protection officer (designated responsible person): dpo@blazek.sk.
12. Final Provisions
12.1. If the Purchase Agreement or the law requires one party to notify the other party of a particular fact or provide information about a particular fact, and the agreement or the law does not prescribe written form for that act, the notice or information may also be given by telephone, fax or electronic data message, which need not be signed with a qualified electronic signature or electronic seal. Such notice or information is deemed delivered when it enters the addressee’s sphere and the addressee has an objective opportunity to acquaint themselves with it. A postal consignment sent to the Buyer at the address stated by the Buyer in the binding order, if not delivered to the addressee, is deemed delivered on the tenth day after it was deposited at the post office or on the day on which its acceptance was refused.
12.2. The Seller shall archive the wording of the Purchase Agreement, including the Terms and Conditions, in electronic form for four years from the date on which the Purchase Agreement is concluded. At the Buyer’s written request, the Seller shall provide the Buyer with the wording of the Purchase Agreement, including the Terms and Conditions, within that period.
12.3. These Terms and Conditions also contain the Seller’s information pursuant to Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Away from the Seller’s Business Premises, intended for a Buyer who is a Consumer, and forming an integral part of an agreement concluded through the Online Store.
12.4. These Terms and Conditions take effect on 1 October 2024 and remain valid until revoked. The Seller reserves the right to amend these Terms and Conditions, including the Shipping Costs, without prior notice.