Terms and conditions

Terms and conditions

ABRFABR, s.r.o.
Headquarters: Bratislavská 31, 01001 Žilina, Slovak Republic

ID: 55971458
Tax ID: 2122157455

registered in District Office (OU) Žilina, business entity: Ltd, insert number: 84032/L

Contact details: email ahoj@abrfabr.sk / phone +421 917 637 873 / www.abrfabr.sk./www.abrfabr.cz

(hereinafter referred to as the "Seller")

1. These Terms and Conditions govern the mutual rights and obligations between the Seller and the individual who enters into a Sales Contract (hereinafter referred to as the "Buyer") through the web interface located on the website accessible at www.abrfabr.sk./www.abrfabr.cz (hereinafter referred to as the "Online Store").
2. The provisions of these Terms and Conditions are an integral part of the Sales Contract. Any differing arrangements in the Sales Contract take precedence over the provisions of these Terms and Conditions.
3. These Terms and Conditions and the Sales Contract are concluded in Slovak language.

1. Information about the goods, including the prices of the individual items and their main characteristics, are provided for each item in the catalogue of the Online Store. The prices of the goods are listed, including value-added tax, all related fees, and the cost of returning goods if such goods cannot be returned by post due to their nature. The prices of the goods remain valid for as long as they are displayed in the Online Store.
2. All presentations of goods displayed in the catalogue of the Online Store are for informational purposes only, and the Seller is not obligated to conclude a Sales Contract regarding these goods.
3. Information about the costs associated with packaging and delivery of goods is published in the Online Store. The information regarding the costs associated with packaging and delivery of goods listed in the Online Store applies only when the goods are delivered within the territory of the Slovak Republic and the Czech Republic.
4. Any discounts on the purchase price of the goods cannot be combined unless otherwise agreed between the Seller and the Buyer.

III. Order and conclusion of the Sales Contract

1. Any costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Sales Contract (costs for Internet connection, costs for telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.
2. The Buyer places an order for goods in the following ways:

• via their customer account, after prior registration in the Online Store,
• by filling in the order form without registration.

1. When placing an order, the Buyer selects the goods, the number of items, the method of payment, and delivery.
2. Before submitting the order, the Buyer is allowed to check and change the information they have provided with the order. The order is submitted to the Seller by clicking the "Submit Order with Payment Obligation" button. The information provided in the order shall be considered correct by the Seller. Conditions for the validity of the order are for the Buyer to provide the mandatory information in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.
3. Immediately upon receiving the order, the Seller shall send the Buyer an order confirmation to the email address provided by the Buyer when placing the order. This confirmation is automatic and shall not be considered as the conclusion of a contract. The Seller's current Terms and Conditions shall be attached to the confirmation. The Sales Contract is concluded only after the order is accepted by the Seller. The notification of the order’s acceptance is delivered to the Buyer’s email address. / Immediately upon receiving the order, the Seller shall send the Buyer an order confirmation to the email address provided by the Buyer when placing the order. This confirmation shall be considered the conclusion of the contract. The Seller's current Terms and Conditions shall be attached to the confirmation. The Sales Contract is concluded upon the Seller’s confirmation of the order to the Buyer's email address.
4. In the event that the Seller is unable to fulfil any of the requirements specified in the order, the Seller shall send the Buyer a modified offer to their email address. The modified offer shall be considered a new proposal for the Sales Contract, and the Sales Contract shall be concluded in such a case upon the Buyer's confirmation of acceptance of this offer to the Seller’s email address specified in these Terms and Conditions.
5. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of the Seller's acceptance of the order. The Buyer may cancel an order by phone at the Seller’s phone number or email specified in these Terms and Conditions.
6. In the event of an obvious technical error on the part of the Seller in the indication of the price of goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for the clearly erroneous price, even if the Buyer has been sent an automatic order confirmation according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send a modified offer to the Buyer's email address. The modified offer shall be considered a new proposal for the Sales Contract, and the Sales Contract shall be concluded upon the Buyer’s confirmation of acceptance of this offer to the Seller’s email address.

1. Based on the Buyer's registration in the Online Store, the Buyer can access their customer account. From their customer account, the Buyer can order goods. The Buyer may also order goods without registration.
2. When registering for a customer account and when ordering goods, the Buyer is required to provide correct and truthful information. The Buyer is required to update the information provided in the user account in case of any changes. The information provided by the Buyer in the customer account and when ordering goods shall be considered correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.
4. The Buyer is not authorized to allow third parties to use their customer account.
5. The Seller may terminate the user account, particularly if the Buyer has not used their user account for an extended period or if the Buyer breaches their obligations under the Sales Contract or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the Seller’s hardware and software equipment, or maintenance of hardware and software equipment of third parties.

• cashless payment by credit card,
• wire transfer to the Seller’s bank account SK26 1100 0000 0029 4203 2734 held with Tatra banka
• wire transfer to the Seller’s account via the GoPay payment gateway
• in cash or by credit card upon delivery of the goods,
• in cash or by credit card upon collecting the goods at the pick-up shipment point in person

1. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall be understood to include the delivery costs.
2. In the case of cash payment, the purchase price is payable upon receipt of the goods.
3. In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
4. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
5. The Seller shall not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price prior to shipment of the goods is not considered a deposit.
6. According to the Sales Registration Act, the Seller is obliged to issue a receipt to the Buyer. The Seller is also obliged to register the received payment with the tax administrator online, or in the case of technical failure, no later than within 48 hours.
7. The goods are delivered to the Buyer:

1. The delivery costs, depending on the method of shipment and receipt, are specified in the Buyer’s order and in the Seller’s order confirmation. If the method of delivery is agreed upon based on a special request of the Buyer, the Buyer shall bear the risk, and any additional costs associated with such method of delivery.
2. If the Seller is, under the Sales Contract, obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, for reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the Buyer is obliged to cover the costs associated with the repeated delivery, or the costs associated with an alternative delivery method.
3. Upon receiving the goods from the carrier, the Buyer is required to check the integrity of the packaging and immediately notify the carrier in case of any defects. If defected packaging indicates unauthorized access to the shipment, the Buyer may refuse to accept the shipment from the carrier.
4. The Seller shall issue a tax document - an invoice to the Buyer. The tax document is sent to the Buyer’s email address. / The tax document is attached to the delivered goods.
5. The Buyer acquires ownership of the goods upon full payment of the purchase price, including delivery costs, but not before taking possession of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the Buyer upon receipt of the goods or at the moment the Buyer was obliged to take over the goods but failed to do so in violation of the Sales Contract.

1. Withdrawal from the contract
2. A Buyer who has concluded a Sales Contract outside of their business activity as a consumer has the right to withdraw from the Sales Contract.
3. If the Sales Contract is concluded remotely (via the Online Store) or outside the Seller’s business premises, and if the Seller has timely and properly provided the Buyer with information about the right to withdraw from the Sales Contract, the conditions, the withdrawal period and the procedure for exercising the right to withdraw from the Sales Contract, including the withdrawal form (in accordance with the provisions of § 3, Sec. 1, Cl. h) of the Consumer Protection Act on Distance Selling) and provided that all statutory requirements are met, the Buyer has the right, under the Consumer Protection Act on Distance Selling, to withdraw from the Sales Contract without giving any reason and without any penalty.
4. The withdrawal period is 14 days and begins to run

• from the moment of receiving the goods that were delivered last, if the subject of the Sales Contract is ordered goods delivered separately
• from the moment of receiving the last part or item, if the subject of the Sales Contract is several types of goods or parts,
• from the moment of receiving the first delivery of goods, if the subject of the Sales Contract is goods delivered over a specified time period.

• provision of the service if its performance has started with the express consent of the consumer and the consumer has declared that they had been properly informed that by expressing such consent, they lose the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
• sale of goods or services, the price of which depends on fluctuations of the financial market which are beyond the Seller’s control and may occur during the withdrawal period,
• sale of goods made according to the consumer’s specific requirements, custom-made goods, or goods specifically tailored for a single consumer,
• sale of perishable goods or goods subject to rapid deterioration,
• sale of goods sealed in protective packaging which are not suitable for return for health protection or hygiene reasons and if their protective packaging has been damaged after delivery,
• sale of goods, which, because of their nature, may be inextricably mixed with other goods after delivery,
• sale of alcoholic beverages, the price of which has been agreed at the time of the contract conclusion, but delivery can only take place after 30 days at the earliest, and their price depends on market fluctuations that are beyond the Seller’s control,
• performance of urgent repairs or maintenance requested expressly by the consumer; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the repair or maintenance concluded during the Seller’s visit to the consumer, and if the consumer did not order those services or goods in advance,
• sale of audio, visual, or audiovisual recordings, books, or computer software in protective packaging, if the consumer has unsealed the packaging,
• sale of periodicals, except for sales under subscription agreements and sales of books not delivered in protective packaging,
• provision of accommodation services for purposes other than accommodation, transport of goods, car rental services, provision of catering services or services related to leisure activities, under which the Seller agrees to provide these services at a specific time or within a specific period,
• provision of digital content not supplied on a tangible medium, if the provision has been initiated with the express consent of the consumer and the consumer has declared that they were properly informed about losing the right to withdraw from the contract by providing such consent.

1. In order to comply with the withdrawal period, the Buyer must send a clear statement expressing their intention to withdraw from the Sales Contract within the period specified in Sec. 3 of Article VI of these Terms and Conditions.
2. To withdraw from the Sales Contract, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal notice to the Seller’s email or postal address specified in these Terms and Conditions. The Seller shall promptly confirm receipt of the form to the Buyer.
3. A Buyer who has withdrawn from the Sales Contract is obliged to return the goods to the Seller within 14 days from the date of withdrawal. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by post due to their nature.
4. If the Buyer withdraws from the Sales Contract, the Seller shall return all payments received from the Buyer, including delivery costs, without undue delay and no later than 14 days from the date of withdrawal. The Seller shall return the payments using the same payment method originally used by the Buyer unless the Buyer agrees otherwise and does not incur any additional costs.
5. If the Buyer has chosen a method of delivery other than the least expensive option offered by the Seller, the Seller shall refund the cost of delivery equivalent to the least expensive delivery method available.
6. If the Buyer withdraws from the Sales Contract, the Seller is not obliged to return the received payments until the Buyer has returned the goods or provided proof that the goods have been sent back to the Seller.
7. The Buyer must return the goods to the Seller undamaged, unused and clean, and, if possible, in their original packaging. The Seller reserves the right to unilaterally offset any claim for compensation for any damage caused to the goods against the Buyer’s claim for reimbursement of the purchase price.
8. The Seller is entitled to withdraw from the Sales Contract due to stock depletion, unavailability of goods, or if the manufacturer, importer or supplier of the goods has discontinued the production or imports. The Seller shall promptly inform the Buyer via the email address provided in the order and refund all received payments, including delivery costs, within 14 days of the withdrawal notification, using the same payment method that was selected by the Buyer, unless the Buyer specifies otherwise.

VII. Rights arising from defective performance

• the goods have the characteristics agreed upon by both parties, or in the absence of an agreement, have the characteristics that the Seller or the manufacturer described, or the Buyer reasonably expected based on the nature of the goods and on their advertising,
• the goods are suitable for the purpose for which the Seller specifies or for which goods of the same kind are commonly used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
• the goods are delivered in the correct quantity, measurement, or weight; and
• the goods comply with the requirements of legal regulations.

1. The Seller’s obligations regarding defective performance are, at a minimum, equivalent to the extent of the manufacturer's obligations regarding defective performance. Otherwise, the Buyer is entitled to claim rights arising from a defect in consumer goods appearing within twenty-four months from the date of delivery.
2. If the goods, their packaging, the instructions attached to the goods, or advertising in compliance with other legal regulations specifies a period during which the goods may be used, the provisions on quality guarantees shall apply. The Seller’s quality guarantee warrants that the goods will remain suitable for normal use or retain their usual properties for a certain time period. If the Buyer rightfully raised a complaint about a defect, the period for exercising rights from defective performance or the guarantee period does not run for the time span during which the Buyer is unable to use the defective goods.
3. The provisions from the preceding section of these Terms and Conditions shall not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed upon, to wear and tear of the goods caused by normal use, to defects corresponding to the degree of use or wear present at the time of receipt by the Buyer, or if it results from the nature of the goods. The Buyer is not entitled to the rights arising from defective performance if the Buyer knew of the defects before receiving the goods or if the Buyer themselves caused the defect.

• replacement of the goods with new ones,
• repair of the goods,
• a reasonable discount on the purchase price, or
• withdrawal from the contract.

• the goods have a material defect,
• if the Buyer cannot use the goods properly due to repeated defects or defects after repair, or
• there are multiple defects in the goods.

1. It is essential that the party in breach of the Sales Contract knew or should have known at the time of the conclusion of the contract that the other party would not have concluded the contract if they had foreseen the breach.
2. In the case of a defect constituting an immaterial breach of contract (regardless of whether the defect is repairable or not), the Buyer is entitled to demand the removal of the defect or an appropriate discount on the purchase price.
3. If a repairable defect recurs after repair (typically the third complaint for the same defect or the fourth for different defects), or the goods have multiple defects (typically at least three defects at the same time), the Buyer has the right to request a discount on the purchase price, a replacement of the goods, or withdrawal from the Sales Contract.
4. When filing a complaint, the Buyer must notify the Seller of the right they have chosen. A change of the choice without the Seller’s consent is only possible if the Buyer has requested repair of a defect that proves to be irreparable. If the Buyer does not exercise their right from a material breach of contract in time, they will have the same rights as in the case of an immaterial breach of contract.
5. If repair or replacement of the goods is not possible, the Buyer may demand a full refund of the purchase price upon withdrawal from the contract.
6. If the Seller proves that the Buyer knew about the defect prior to taking possession of the goods, or that they caused it themselves, the Seller is not obliged to satisfy the Buyer’s complaint.
7. The Buyer cannot file a complaint for discounted goods for the reason for which the discount was provided.
8. The Seller is obliged to accept the complaint at any of their premises where the complaint can be processed, or at their registered office or place of business. The Seller is required to issue the Buyer with a written confirmation stating when the Buyer exercised their right, the content of the complaint, and the method of resolution of the complaint that the Buyer requires, as well as a confirmation of the date and method of resolution of the complaint, including confirmation of any repair and its duration, or a written justification for rejecting the complaint.
9. The Seller or an authorized employee shall decide on the complaint immediately, in complex cases within three business days. This time period does not include the time reasonably required to professionally assess the defect according to the nature of the product of service. Complaint, including repairing the defect, must be resolved promptly, no later than 30 days from the date the complaint was made, unless the Seller agrees with the Buyer on a longer period of time. Failure to meet this deadline constitutes a material breach of contract, and the Buyer has the right to withdraw from the Sales Contract. The moment the complaint is lodged is considered the moment the Buyer’s expression of intent (exercise of the rights arising from defective performance) is delivered to the Seller.

1. The Seller shall inform the Buyer of the outcome of the complaint in writing.
2. The Buyer is not entitled to the rights arising from defective performance if, before taking possession of the goods, they knew the goods were defected or if they caused the defect themselves.
3. In the case of a legitimate complaint, the Buyer is entitled to reimbursement of reasonable expenses incurred in connection with filing the complaint. The Buyer may exercise this right with the Seller within one month after the expiration of the warranty period, otherwise, it may not be recognised by the court.
4. The Buyer has the right to choose the method of resolution of the complaint.
5. Additional rights and obligations of the parties related to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure.

VIII. Delivery

1. The Parties may deliver all written correspondence to each other via electronic mail.
2. The Buyer shall send correspondence to the Seller’s email address specified in these Terms and Conditions. The Seller shall send correspondence to the Buyer’s email address listed in the Buyer’s customer account or specified in the order.

1. All information provided during the cooperation is confidential and will be treated as such. Unless you provide your written consent, your data will only be used for fulfilling the Sales Contract, except for your email address, which may be used to send you commercial communications as permitted by law, unless you refuse. Such communications will pertain solely to similar or related goods and may be easily unsubscribed from at any time (via a letter, email, or by clicking a link in the commercial communication). The email address will be retained for this purpose for a period of 3 years from the conclusion of the last Sales Contract between the parties.
2. More detailed information on personal data protection can be found in the Privacy Policy [HERE].

1. The Slovak Trade Inspection, P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, website: https://www.soi.sk/sk, is the competent authority for the alternative resolution of consumer disputes arising from a Sales Contract. The online dispute resolution platform accessible at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Sales Contract.
2. The European Consumer Centre Slovakia, with registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, website: http://www.evropskyspotrebitel.sk, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, which amends Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. The Seller is authorized to sell goods based on a trade licence. Trade control is performed by the relevant trade office within its jurisdiction. The Slovak Trade Inspection oversees, among other things, compliance with the Consumer Protection Act and the Consumer Protection Act on Distance Selling, within the defined scope.

1. All agreements between the Seller and the Buyer shall be governed by the legal order of the Slovak Republic. If the relationship established by the Sales Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 3, Sec. 1, Cl. n) of the Consumer Protection Act on Distance Selling.
3. All rights to the Seller’s website, especially copyrights to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller’s consent.
4. The Seller shall not be liable for errors resulting from third party interference with the Online Store or from its use contrary to its intended purpose. The Buyer must not use any procedures when using the Online Store that could negatively affect its operation, nor perform any activities that would allow them or third parties to unlawfully interfere with or misuse the software or other components constituting the Online Store, or use the Online Store, its parts, or software in a manner contrary to its intended purpose or function.
5. The Seller may modify or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
6. A sample withdrawal form is attached to the Terms and Conditions.

These Terms and Conditions come into force on January 19, 2024

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