General terms and conditions

I. General provisions

These general terms and conditions (hereinafter referred to as „GTC“) govern the rights and obligations related to the purchase of goods in the online shop www.bretow.comand are an integral part of the purchase contract concluded between the seller (operator of the online shop) and the buyer. By concluding the purchase contract, the buyer confirms that he has familiarized himself with these GTC and that he agrees with them.
These GTC are valid from 1.3. 2024.

II. Definition of terms

- E-shop – online shop at www.bretow.com
- Seller – trading company HATAC, s.r.o., registered in the commercial register kept at the District Court of Banská Bystrica, section Sro, insert 32900/S, with registered office: Rázusova 67,977 01 Brezno, ID No.: 51 160 439. The seller is also the operator of the e-shop.
- Buyer – is a consumer or entrepreneur who concludes a purchase contract with the seller through the e-shop.
- Consumer – is any person who, outside the framework of his entrepreneurial activity or outside the framework of the independent performance of his profession, concludes a contract with an entrepreneur or otherwise deals with him.
- Entrepreneur – is a person who independently carries out a gainful activity on his own account and responsibility in a trade or similar way with the intention of doing so consistently for the purpose of achieving profit. For the purposes of these GTC, an entrepreneur is a person who acts as part of his entrepreneurial activity. If the buyer states his identification number in the order, he acknowledges that the rules specified in these GTC for entrepreneurs apply to him.
- Purchase contract – a contract concluded between the seller and the buyer through the e-shop, its subject is the purchase of goods.
- Consumer contract – purchase contract, work contract, or other contracts according to the Civil Code, as long as the parties to the contract are the consumer on the one hand and the seller on the other.
- Goods – things that the seller offers for sale through the e-shop.
- Courier – contractual carrier ensuring the transport of goods from the seller to the buyer.
- Working days – are the days of the calendar week from Monday to Friday, with the exception of Saturdays, Sundays and days on which state-recognized holidays fall in accordance with valid legal regulations.
- Civil Code – Act no. 40/1964 Coll., Civil Code, version of later regulations.
- Discount code – a set of several letters and numbers, after entering them in the corresponding box in the cart, the buyer will be given a discount on the goods. Discount codes are published as part of promotions or sent by e-mail.
- Gift voucher – discount voucher purchased through the e-shop, which can be in printed or electronic form. A code is included, after entering it in the relevant box in the cart, the value shown on the gift voucher is deducted from the buyer’s purchase.

Exchange and return via the e-shop – a simple way to return goods with the possibility of reserving new goods via an online form in the e-shop.

Reviews – all reviews on the e-shop website come from verified shoppers. Each Buyer can receive a unique link for giving a review to the e-mail provided when sending the order, in relation to the specific purchased Product or service. Only one review can be entered for one purchased product. After submitting a review, the link is deactivated.

III. Procedure for concluding a purchase contract

The proposal for concluding a purchase contract (offer) is the placement of the offered goods by the seller on the e-shop website, the purchase contract is created by sending the order by the buyer. By sending the order, the buyer expresses his agreement with the terms and conditions.
The goods in the e-shop are properly marked with a name and are usually depicted together with a verbal description containing data on the materials used and other properties of the goods, with the fact that if the goods are produced in different sizes and colors, the buyer has the opportunity to choose the corresponding size as well color before placing the goods in the „cart“.
The buyer selects the goods, including its color, size and other parameters, if these items are optional, and places the goods in the shopping cart by clicking the „Add to cart“ button („to cart“ or the button with the cart symbol). As part of the process of ordering goods, the buyer has the opportunity to return to individual steps in order to check and possibly correct errors in the order.
Until the buyer completes the ordering process by clicking on the „Send order“ link and the order becomes binding, the buyer has the option at any stage of ordering the goods to cancel the order by interrupting the execution of the individual steps described above leading to ordering the goods and leaving the website on which the goods are ordered.
After sending the binding order for the goods, the buyer will receive an order confirmation to his e-mail address, which he specified in the order, which will contain, among other things, the order number and a summary of the data of the concluded purchase contract.
In connection with the order of goods, the seller can contact the buyer by phone at the telephone number provided by the buyer when placing the order, in matters related to the fulfillment of the purchase contract.
The purchase contract can be concluded in Slovak, German and English.
After its confirmation, the buyer’s order is archived as a concluded purchase contract between the buyer and the seller for the purpose of its fulfillment and further records and is accessible to the buyer after logging into his user account. The buyer – the consumer has the right to cancel the order and the purchase contract without any sanctions until the moment of dispatch of the goods. The buyer is obliged to notify the seller of this fact by e-mail or by telephone. It is possible to change the order and correct defects until the moment the goods are handed over to code shipping, with the exception of changing the payment method, which can only be done with the consent of the seller.

IV. Purchase price

The purchase prices of goods and services are listed in the e-shop including VAT, including all fees established by law or other similar monetary fulfillments. The costs of delivery of the goods vary according to the chosen method of delivery and payment of the purchase price.
The purchase price indicated for the goods at the time of placing the order is the purchase price binding for both the seller and the buyer and will not be changed after the order is placed, even if the seller subsequently adjusts the purchase price for the goods or there is an advertising discount campaign. When exchanging the same type of goods for a different size, the buyer pays the same price as the price in the original order. In the event that the buyer requests an exchange for another type of goods, the price of the goods applies according to the current price list and the buyer is not entitled to a discount, a discount from the loyalty system or the use of a discount code that were used in the original order.
The seller reserves the right to change the purchase prices for goods that are offered for sale through the e-shop, and to carry out advertising discount campaigns, all in accordance with applicable legal regulations.
The seller provides various types of discounts (loyalty, volume, for the use of discount codes, etc.). Each discount can only be used once, unless expressly stated otherwise. In the case of multiple use or in the event that the discount will be applied in violation of the rules of the given discount or promotion, the seller has the right to refuse to recognize such a discount. The buyer will be informed and will be offered the opportunity to complete the order without this discount.

Gift vouchers. The gift voucher is indivisible, i.e. the entire value stated on the gift voucher must be used in one order. If the value stated on the gift voucher is higher than the value of the entire purchase, the difference will not be transferred to the new gift voucher and the unused amount will not be reimbursed. The gift voucher cannot be exchanged for money. Up to 5 gift vouchers can be redeemed in one order.

Discount code. Only one discount code can be applied per order. The discount code cannot be applied to the purchase of a gift voucher.

The value of the money used from the discount coupon is always calculated as a proportional amount between all goods from the order (discounted and non-discounted). In the case of returning goods from an order for which a coupon was applied, the price after the discount will be returned. Discount coupons are valid for a limited time and can only be used until the specified date. When returning or claiming goods, the validity of the discount coupon is not renewed.

V. Payment conditions

Payment of the purchase price is made in Euros.
In the process of placing an order, the buyer can choose from the methods of paying the purchase price for the goods:

Payment upon receipt: cash on delivery upon receipt of the goods from the courier; cash or card.
Payment in advance (non-cash payment): immediate transfer of money from the account or payment by card; payment by transfer.

The chosen method of payment of the purchase price can be changed after the order has been placed only with the consent of the seller.
Information obligation for electronic records of sales – according to Act no. 289/2008 Coll., on the use of electronic cash registers and on amendments to Slovak National Council Act no. 511/1992 Coll. on the administration of taxes and fees and on changes in the system of territorial financial authorities, as amended, the seller is obliged to register the sales in the electronic register cash register or in the e-kasa system through the e-kasa client cash register without unnecessary delay after receiving it. The cash register receipt prepared by the e-kasa client cash register will be sent by the seller to the buyer or made available in electronic form (by e-mail), to which the buyer expressly agrees. In connection with this, the seller will not print the cash register receipt.
Further information on each payment method can also be found under the tab Shipping and payment in the e-shop.

VI. Delivery conditions

The goods are delivered by the seller at the place designated by the buyer.
The seller undertakes to deliver the goods to the buyer together with all components, or accessories, according to the purchase contract. When placing an order, the buyer can choose from the following delivery methods:

delivery by post or courier to the address specified in the order,
personal pick-up at one of the partner delivery points.

The seller fulfills his obligation to deliver the goods to the buyer in a moment, if he allows him to dispose of the item at the place of fulfillment and informs him in time. If the seller is to send the item, he delivers the item to the buyer (entrepreneur) by handing it over to the first carrier for transport for the buyer and allowing the buyer to exercise the rights of the transport contract against the carrier. The item is delivered to the buyer-consumer only when the item is handed over to him by the carrier.

Provided that the goods are in stock, the seller will usually send the goods to the buyer within two working days from the day the purchase contract was concluded. If the buyer has chosen non-cash payment as the method of payment, the goods are normally sent within two working days from the day when the payment of the purchase price is credited to the seller’s account.
The terms of delivery of the goods listed on the website are informative. They are based on the estimated delivery times of the transport companies.
The costs of postage and packaging, which the buyer chose in the order, are borne by the buyer and these costs are governed by the seller’s current price list. The costs of transporting the goods are as follows, as well as information on the methods of sending the goods to the customer are available under the tab Shipping and payment in the e-shop.

VII. Withdrawal from the purchase contract and cancellation of the contract by agreement

1. The seller is entitled to withdraw from the contract concluded with the buyer in the event that the ordered goods are no longer produced or delivered, also in the case of an obvious defect in the price of the goods (i.e. a price clearly different from the usual price for this type of goods).
The seller is also entitled to withdraw from the contract if the buyer does not make a non-cash payment within one working day from the day the purchase contract was concluded.
The buyer – entrepreneur can request the seller to cancel the purchase contract at any time from the moment when the purchase contract was concluded until the moment when the goods were sent by the seller. The purchase contract will be canceled by agreement of the contracting parties at the moment when the seller notifies the buyer of the acceptance of the proposal to cancel the purchase contract.

VIII. Conditions for withdrawal from the contract by the buyer who is a consumer

In accordance with the provisions of § 7 of Act no. 102/2014 Coll., on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws, as amended (hereinafter only „Act no. 102/2014 Coll. „), the consumer has the right to withdraw from the contract without giving a reason within 14 days of receiving the goods, or from the receipt of the last delivery of the goods, if the purchase includes several types of goods or the goods consist of several parts. The buyer can withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawing from the contract.
Procedure for withdrawing from the contract:

No later than the 14th day after receiving the goods, the seller must be sent an expression of intent to withdraw from the contract.
The buyer is obliged to send the goods, preferably together with the delivery note or other identification of the purchase contract (so that we can determine which goods according to which purchase contract it is), to the seller at the address: HATAC, s.r.o., Rázusova 67, 977 01 Brezno without undue delay, but no later than within 30 days of withdrawal from the contract. In accordance with § 10 par. 3 of Act no. 102/2014 Coll. the buyer bears the costs associated with returning the goods when withdrawing from the purchase contract. Returned goods should not show signs of use, should be undamaged and complete (including accessories). When withdrawing from the contract, the buyer is only responsible for the decrease in the value of the goods as a result of dealing with these goods in a different way, which is necessary to become familiar with the nature and properties of the goods, including their functionality. Attaching the delivery note to the goods is not the buyer’s obligation.

Following the buyer’s withdrawal from the contract, the seller shall return the funds to the buyer without undue delay, but no later than 14 days after the withdrawal from the contract, including the delivery costs corresponding according to § 9 of Act no. 102/2014 Coll. to the cheapest method of delivery of the goods offered by the seller. However, the entrepreneur is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller, whichever occurs first.
Pursuant to the provisions of § 9 of Act no. 102/2014 Coll. if the buyer withdraws from the contract, all funds that the seller received from him on the basis of the contract will be returned to him without unnecessary delay, no later than 14 days after the withdrawal from the contract. The seller is obliged to return the payments to the consumer according to paragraph 1 in the same way that the consumer used for his payment. It is not possible to return money to the account numbers of payment houses (repayments of loans, credits, savings, etc.).
The right to a promotional benefit (gift, discount or other benefit) arises if the order meets all the rules of the currently announced promotion. In case the buyer withdraws from the purchase contract, this right expires. The gift must be returned together with the non-conforming goods. If the buyer returns only a part of the goods and the value of the products left does not exceed the specified limit for the right to a gift, he is also obliged to return it. Otherwise, he will be charged the normal price of the gift.
Exchange and return via e-shop. The seller allows the buyer to use the electronic form of the e-shop to return or exchange goods. Shipping to the seller is paid by the buyer. When exchanging and returning via the e-shop, it is not possible to use the discount code or the Cash register.

IX. Liability for defects, warranty

The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the risk of damage to the item passed to the buyer,

– the item has the properties agreed upon by the parties, or, if there is no agreement, the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of the advertising carried out by them,
– the item is suitable for the purpose for which the seller indicates its use or for which the item of this type is usually used,
– the item corresponds to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
– the item is in the corresponding quantity, measure or weight and
– the item complies with the requirements of the legislation.

The buyer is entitled to exercise the right of title of responsibility for a defect that occurs with the consumer goods within twenty-four months of receipt. The above does not apply:

– in the case of an item sold at a lower price due to a defect for which a lower price was negotiated,
– for the wear and tear of the item caused by its usual use,
– in the case of a used item, for a defect corresponding to the degree of use or wear and tear the item had when the buyer took it over, or
– if it follows from the nature of the item.

According to the provision of § 622 of the Civil Code, if it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer can demand the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect. The seller can always replace the defective item with a non-defective one instead of removing the defect, if this does not cause serious difficulties for the buyer. The buyer shall notify the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The stated choice cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time or if he informs the buyer that he will not remove the defects, the buyer may withdraw from the contract.
According to the provisions of § 623 of the Civil Code, if it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. If there are other irreparable defects, the buyer has the right to a reasonable discount from the price of the item. The buyer cannot change the choice made without the consent of the seller.
The buyer has the right to delivery of a new item or replacement of a part even in the case of a removable defect, unless he cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.
If the time during which the item can be used is indicated on the sold item, on its packaging, in the instructions attached to the item or in the advertisement in accordance with other legal regulations, the seller provides the buyer with a quality guarantee to this extent. With a quality guarantee, the seller undertakes that the item will be suitable for use for the usual purpose or that it will retain the usual properties for a certain period of time. The warranty period runs from the delivery of the item to the buyer; if the item has been sent according to the contract, it runs from the item’s arrival to the destination. The buyer does not have a right from the warranty, if the defect was caused by an external event after the risk of damage to the goods has passed to the buyer. This does not apply if the defect was caused by the seller.
Rights from liability for defects are applied to the seller (hereinafter also only „claims“). Claims can be made on the basis of a claim notice, which the buyer, including the claimed goods, sends by mail to the address: HATAC, s.r.o., Rázusova 67, 977 01 Brezno. If the buyer asserts a right from defective performance, the seller will confirm in writing when the right was asserted, as well as the execution of the repair and its duration.

X. Special provision on handling claims of a buyer who is a consumer

The seller or an employee authorized by him will decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for the professional assessment of the defect. The claim, including the removal of the defect, must be dealt with without undue delay, no later than 30 days from the date of application of the claim, unless the seller and the consumer agree on a longer period. After the expiration of this period, the consumer has the same rights as if it was a defect that cannot be removed.
The seller is obliged to issue a written confirmation to the consumer about when the consumer exercised the right, what is the content of the claim and what method of processing the claim the consumer requires; and further a confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification for the rejection of the claim. All the mentioned information is sent to the consumer by e-mail (the confirmation of receipt of the claim and the claim protocol are attached).
Pursuant to the provisions of § 20 par. 1) of Act no. 250/2007 Coll., on consumer protection and amending Act no. 372/1990 Coll., on misdemeanors, as amended, the seller announces that supervision of compliance with the obligations established by this law is carried out by supervisory authorities; if the competence of the supervisory authority cannot be determined, the Slovak Trade Inspection is responsible for the performance of supervision and control. With an out-of-court complaint, the consumer can turn to the supervisory authority. The Slovak Trade Inspection handles out-of-court consumer complaints in the manner and under the conditions set by the relevant legal regulations.
Personal data protection

The necessary information about the processing of personal data can be found on the e-shop website in the tab Personal data protection.

XII. Dispute resolution

Possible mutual disputes between the seller and the buyer are finally resolved by the municipal courts.
According to Act no. 391/2015 Coll., on the alternative resolution of consumer disputes and on the amendment of certain laws, as amended, the buyer, who is the consumer, has the right to an out-of-court resolution of a consumer dispute from a purchase contract or from a contract for the provision of services. In relation to the seller, the entity that is authorized to carry out out-of-court dispute resolution is, in particular, the Slovak Trade Inspection. Alternative dispute resolution entities are listed in the list, which is also available at the web address:

http://www.economy.gov.sk/alternativne-riesenie-spotrebitelskych-sporov-iir/146965s.

An out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available on the website ec.europa.eu/consumers/odr/.
The seller undertakes to strive for an out-of-court settlement of disputes with the buyer, unless the buyer rejects them.

XIII. Final provisions

These terms and conditions are valid and effective as stated on the seller’s website on the day the buyer sends the electronic order. The decisive wording of the terms and conditions is also sent to the buyer together with the order confirmation. Changes to the terms and conditions are reserved.