GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE WWW.AMOSARA.COM
I. Identification of the Seller
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the legal relations between:
Business Name: AM PROJECT, s.r.o.
Registered Office: Strážnická 2, 811 08 Bratislava, Slovak Republic
Registered in: Commercial Register of the District Court Bratislava III, Section: Sro, Insert No. 170623/B
Company ID: 45680272
Tax ID: 2023090289
VAT ID: SK
Bank Account: SK3211000000002944152561
The Seller is not a VAT payer.
(hereinafter referred to as the “Seller” or “Merchant”)
and every person who is the Buyer of the products offered by the Seller on the Seller’s Website, acting in the capacity of a consumer within the meaning of the applicable provisions of these GTC and the relevant laws of the Slovak Republic, particularly Act No. 108/2024 Coll. on Consumer Protection and Amendments to Certain Acts, and Act No. 40/1964 Coll. Civil Code as amended. Purchases made by business entities are governed by the Commercial Code No. 513/1991 Coll.
1.2. The Seller’s contact email and phone number:
Email: info@amosara.com
Phone: +421 903 384 116
1.3. Address for sending documents, complaints, and withdrawal notices:
AM PROJECT, s.r.o., Strážnická 2, 811 08 Bratislava, Slovak Republic
II. Definition of Terms
2.1. For the purposes of these General Terms and Conditions, the Merchant, in accordance with Act No. 108/2024 Coll., defines the following terms:
2.2. A Distance Contract is a contract concluded between the merchant and the consumer exclusively through one or more means of distance communication without the simultaneous physical presence of the merchant and the consumer, in particular by using an online interface, email, telephone, fax, or addressed letter.
2.3. The Merchant (hereinafter also referred to as the “Seller”) is the person who, in relation to a consumer contract or its obligation, or in the course of its business practices, acts within the scope of its business activities or profession, even through another person acting on its behalf or for its account.
2.4. The Consumer is a natural person who, in relation to a consumer contract or its obligation, or in the course of business practices, does not act within the scope of their business activities or profession.
2.5. A Consumer Contract is any contract, regardless of its legal form, concluded between a merchant and a consumer.
2.6. The term Online Store is identical to the terms Electronic Store and Website.
2.7. The Buyer is any person (natural or legal person) who has placed an order mainly through the Seller’s website or other means of distance communication.
2.8. Login Credentials mean the username and the password created within a unique user account. The username is provided to the Buyer via a registration email. The password is set by the Buyer after receiving the registration email from the Seller.
2.9. Durable Medium is a medium that enables the consumer or the merchant to store information addressed to them in a manner accessible for future reference for a period adequate for the purposes of the information and which allows the unchanged reproduction of the stored information, such as paper, email, USB flash drive, CD, DVD, memory card, or a computer hard drive.
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III. Basic Provisions
3.1. These General Terms and Conditions regulate the legal relationships between Buyers who are consumers and the Merchant.
3.2. Contractual relationships (as well as other legal relationships that may arise from a contractual relationship) with Buyers who do not act in the capacity of a consumer are governed by Act No. 513/1991 Coll. Commercial Code as amended.
3.3. Rights and Obligations of the Seller
3.3.1. The Seller is obliged to:
• a) deliver the goods to the Buyer based on an order confirmed by the Seller in the agreed quantity, quality, and within the agreed period and to pack or prepare the goods for transport in a manner necessary to preserve and protect them,
• b) ensure that the delivered product complies with the obligations set out by the applicable laws of the Slovak Republic,
• c) provide the Buyer together with the product in written or electronic form all documents necessary for the receipt and use of the product and other documents required by applicable legislation (information on the product’s properties, installation, operation, use, maintenance manual, safety warnings in the Slovak language, a withdrawal form, warranty card – if required by the consumer or provided by the seller for a longer period than the statutory warranty period – and the purchase receipt).
3.3.2. The Seller has the right to receive the agreed purchase price from the Buyer properly and on time for the delivered product.
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IV. Rights and Obligations of the Buyer
4.1. The consumer is entitled to withdraw from the contract in writing without giving any reason within fourteen days (pursuant to Act No. 102/2014 Coll. on Consumer Protection in Distance Selling) from the date of receipt of the product or the conclusion of the service contract. Withdrawal from the contract terminates the contract from the beginning.
The consumer is obliged to:
• a) receive the purchased or ordered product,
• b) pay the agreed purchase price to the Seller within the agreed maturity date including delivery costs,
• c) confirm the receipt of the product via email or signature (or signature by an authorized person).
The consumer is entitled to receive the product in the quantity, quality, time, method, and place agreed upon by the contracting parties in the binding order confirmation.V. Product Order – Conclusion of the Purchase Contract
5.1. A proposal to conclude a purchase contract by the Buyer is the sending of a product order, mainly through the Seller’s website or through other means of distance communication.
5.2. The purchase contract between the Buyer and the Seller is concluded at the moment when the confirmation of the order made by the Buyer pursuant to Section 5.1 of these GTC is delivered to the Buyer (electronically to the email address chosen by the Buyer during the ordering process).
5.3. The purchase contract, based on which the Seller delivers goods to the Buyer, arises based on a binding order. A binding order is considered an order made via the “shopping cart”, by email, or by phone call, which was subsequently confirmed by the Seller. Confirmation of the order is considered to be either a phone call or an email contact by the Seller, usually after receiving the order (for a phone order, the confirmation is usually done via a phone call, clarifying the subject, quantity, price of the order, method, price, and time of delivery). The Seller reserves the right to contact the Buyer to clarify the delivery time and method, order content (product specification, quantity), or product price. An order confirmed by the Seller (or part of it) is binding for both parties unless a breach of the agreed conditions occurs at the time of confirmation. Essential conditions are considered mainly the content of the order (precise product specification and quantity), the price of goods and transport, the method, and time of delivery.
5.4. The subject of the contract is only the goods expressly specified in the purchase contract (order). The quantity, characteristics, prices, and other data listed on the Seller’s website are binding.
The Seller undertakes to deliver the Buyer:
• a) goods without defects according to the specification or customary characteristics for the type of goods,
• b) goods complying with standards, regulations, and laws valid in the territory of the Slovak Republic.
By sending the order to the Seller, the Buyer confirms that they agree that these GTC apply to all purchase contracts concluded through the Seller’s online store.
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VI. Order Cancellation
6.1. Order cancellation by the Buyer:
The Buyer has the right to cancel the order at any time before it is bindingly confirmed without giving a reason and has the right to withdraw from the contract even before the withdrawal period starts.
If the Seller provided timely and proper information to the consumer about the right to withdraw from the contract according to § 3(1)(h) of the Act, the consumer is entitled to withdraw from a distance or off-premises contract within 30 days from the receipt of the product.
The Seller may claim damages mainly in cases where the product was custom-ordered or where there were already incurred demonstrable costs. The cancellation fee may equal the incurred costs of the product.
6.2. Order cancellation by the Seller:
The Seller reserves the right to cancel an order or part thereof if the order could not be confirmed (e.g., incorrect phone number, Buyer not reachable, Buyer not responding to emails).
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VII. Duration of the Purchase Contract
7.1. The purchase contract is concluded for a definite period and expires mainly by fulfilling all obligations by the Seller and the Buyer, namely by the delivery and payment for the products according to the purchase contract.
This provision does not affect the Buyer’s rights under the statutory liability for product defects by the Merchant.
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VIII. Purchase Price Information
8.1. The price of goods and services ordered via the Seller’s website (the “purchase price”) is specified separately for each product and is valid at the time the Buyer creates the order.
8.2. The purchase price of goods or services on the Seller’s website is the total price including all taxes and is clearly displayed.
IX. Delivery of Products
9.1. If the Buyer chooses cash on delivery as the payment method, the Seller is obliged to fulfill the order and deliver the products to the Buyer no later than within 30 days from the conclusion of the purchase contract in accordance with Section 5.2. of these GTC.
9.1.1. If the Buyer chooses a different form of payment (other than cash on delivery), the Seller is obliged to fulfill the order and deliver the products to the Buyer within 30 days from the conclusion of the purchase contract pursuant to Section 5.2. and after the total payment of the order is received by the Seller.
If both conditions (contract conclusion and payment) are fulfilled, the Seller must deliver the products within 30 days from their fulfillment.
Usually, the Seller dispatches products within 24 hours; in exceptional cases, the delivery time may be longer than 7 days. In such cases, the Buyer will always be informed.
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X. Transfer of Ownership
10.1. Ownership rights to the sold item and the risk of accidental damage, deterioration, or loss of the goods pass to the Buyer at the moment of delivery.
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XI. Rights and Obligations of the Seller
11.1. The Seller is obliged to:
• a) deliver the product ordered and confirmed by the Seller to the Buyer in the agreed quantity, quality, and on the agreed date, properly packed or prepared for transport in a manner necessary for its preservation and protection,
• b) ensure the delivered product complies with valid Slovak legal standards,
• c) deliver all necessary documents for product receipt and use in written or electronic form along with the product (product specifications, installation, usage, maintenance instructions, safety warnings in the Slovak language, withdrawal form, warranty certificate if applicable, purchase receipt).
11.2. The Seller has the right to receive the agreed purchase price properly and timely from the Buyer for the delivered product.
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XII. Rights and Obligations of the Buyer
12.1. The consumer has the right to withdraw from the contract in writing without giving any reason within fourteen days (pursuant to Act No. 102/2014 Coll. on Consumer Protection in Distance Selling) from the receipt of the product or conclusion of the service contract. Withdrawal cancels the contract from the beginning.
12.2. The consumer must:
• a) accept the purchased or ordered product,
• b) pay the agreed purchase price to the Seller within the due date, including delivery costs,
• c) confirm the receipt of the product either by email, signature, or by the signature of an authorized person.
12.3. The consumer is entitled to receive the product in the quantity, quality, method, and place agreed upon in the binding acceptance of the order.
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XIII. Payment Methods
13.1. You can pay for goods and services on the Seller’s website using the following methods:
13.1.1. Cash on delivery upon delivery to the address – fee 2.00 EUR
13.1.2. Online payment via GoPay, Apple Pay – free of charge
13.1.3. Payment upon personal pickup at the store – free of charge
13.1.4. Payment by deposit or bank transfer to the Seller’s account – free of charge
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XIV. Shipping – Methods of Delivery and Delivery Fees
14.1. The purchase price of the goods or services does not include shipping costs or other delivery-related costs.
14.2. Delivery methods and shipping fees for ordered products:
14.2.1. Forms of delivery:
• 14.2.1.1. Personal pickup
• 14.2.1.2. Pickup point
• 14.2.1.3. Courier service
14.2.2. Shipping costs:
• Pickup point – 3.00 EUR
• Courier service – 5.00 EUR
• Personal pickup at Seller’s premises – free of charge
… (and continues listing specific couriers and prices for different countries, e.g., Packeta, DHL, DPD, Hermes, etc., with specific delivery times and conditions for Slovakia, Czech Republic, Austria, Germany, Hungary, etc.)
14.3. If the total order amount exceeds 100 EUR, shipping within Slovakia/Czech Republic is free.
When using a gift voucher, the order value must be at least 100 EUR plus the value of the voucher.
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XV. Withdrawal of the Buyer from the Purchase Contract without Giving Reason
15.1. The consumer has the right to withdraw from a distance or off-premises contract without giving any reason under the conditions described in Sections 16.1 to 16.3 of these GTC, except in cases provided by law (custom-made goods, perishable goods, unsealed hygiene products, etc.).
XVI. Conditions for Exercising the Right of Withdrawal from a Distance or Off-Premises Contract
16.1. The consumer may withdraw from a distance or off-premises contract within:
• a) 14 days from the day:
• of receiving the goods (according to Section 16.4),
• of concluding a service contract,
• b) 30 days from the conclusion of the contract if it was concluded during an unsolicited visit or a promotional event.
16.2. If the seller has provided the consumer with specific information about the right of withdrawal belatedly, but within 12 months after the start of the withdrawal period, the consumer may withdraw within:
• a) 14 days after receiving the missing information (in cases under 16.1.a),
• b) 30 days after receiving the missing information (in cases under 16.1.b).
16.3. If the seller does not provide the consumer with the necessary information even within 12 months, the consumer can withdraw from the contract within 12 months from the original expiration of the withdrawal period.
16.4. Goods are considered received by the consumer when the consumer or a third party authorized by them (other than the carrier) accepts all parts of the ordered goods.
In cases where:
• the goods are delivered separately, from the day of receipt of the last item,
• the goods are delivered in several parts or pieces, from the day of receipt of the last part or piece,
• the goods are delivered regularly, from the day of receipt of the first delivery.
16.5. The consumer can withdraw from the contract even before the withdrawal period starts.
16.6. The withdrawal notice can be submitted in writing or on another durable medium. It must express the consumer’s will to withdraw from the contract.
The consumer may use a model withdrawal form provided.
16.7. The withdrawal period is considered met if the withdrawal notice is sent on the last day of the withdrawal period.
16.8. The consumer may withdraw partially (i.e., from selected products) if multiple products were purchased.
16.9. The burden of proof regarding the exercise of the right of withdrawal lies with the consumer.
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XVII. Rights and Obligations of the Consumer after Withdrawal
17.1. The consumer must return the goods within 14 days of withdrawal or hand them over to a person authorized by the seller, unless the seller agrees to collect them personally.
17.2. The consumer bears the cost of returning the goods, unless otherwise agreed or if the seller failed to inform the consumer about this obligation.
17.3. The consumer is responsible for any decrease in the value of goods resulting from handling them in a manner beyond what is necessary to establish their nature, characteristics, and functionality.
17.4. No additional obligations or charges arise for the consumer beyond the costs mentioned above.
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XVIII. Rights and Obligations of the Seller after Withdrawal
18.1. The seller must refund all received payments (including delivery costs) within 14 days from the date of receiving the withdrawal notice.
18.2. If the consumer withdraws only partially, the seller refunds proportionally.
18.3. The seller is not obliged to refund additional delivery costs if the consumer explicitly chose a more expensive delivery method than the cheapest standard one offered.
18.4. The seller may withhold the refund until the goods are returned or proof of their return is provided, whichever occurs first.
18.5. Refunds are made using the same method as the original payment unless otherwise agreed without extra charges to the consumer.
18.6. If the goods cannot be returned by post due to their nature, the seller must arrange collection at their own expense.
18.7. Set-off of claims arising from the withdrawal is prohibited.
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XIX. Supervisory Authority
19.1. The competent authority supervising compliance with consumer protection laws is:
Slovak Trade Inspection Authority (Inšpektorát Slovenskej obchodnej inšpekcie)
with its contact details according to local jurisdiction.