General Terms and Conditions
These general terms and conditions (the "Terms") govern the rights and obligations of you as the buyer and us as the seller, or merchant, within the contractual relationships concluded through remote communication, specifically via the E-shop on the website www.argana.sk
All information regarding the processing of your personal data is contained in the privacy policy, which can be found here: https://www.argana.sk/en/pages/privacy-policy
As you certainly know, we primarily communicate remotely. Therefore, for our Agreement, it also applies that remote communication means are used, which allow us to agree without our and your simultaneous physical presence.
If any part of the Terms contradicts what we have mutually agreed upon during the process of your Order on our E-shop, that specific agreement shall take precedence over these Terms.
1. SOME DEFINITIONS
1.1 Digital content refers to anything you can purchase on the E-shop through concluding a contract for the provision of digital content, which consists of data created and delivered in digital form, or a digital service that allows you to create, process, store, or access data in digital form.
1.2 Price is the amount you will pay for the goods.
1.3 Delivery cost is the amount you will pay for the delivery of the goods, including packaging, transport, postage, or other fees.
1.4 Total price is the sum of the price and delivery cost, including any other charges or fees if they could not be determined in advance.
1.5 VAT is value-added tax in accordance with applicable legal regulations.
1.6 E-shop is the online store operated by us at www.argana.sk, where the goods purchase process takes place.
1.7 Invoice is a tax document issued in accordance with the VAT Act for the total price.
1.8 We (Seller) is Fakhr Eddine Elmoukhles, operating as a sole trader, based at Žižkova 7801/21, 811 02 Bratislava, Company ID: 51 720 761, registered in the Trade Register of the District Office of Poprad, Trade Register number: 740-34719, referred to by law as the seller and/or trader. For the avoidance of doubt, we are not operators of an online marketplace and thus we are not subject to specific informational obligations under § 16 and § 17 of the Consumer Protection Act.
1.9 Order is your irrevocable proposal to conclude a purchase contract with us.
1.10 Entrepreneur is a person registered in the Commercial Register, conducting business under a trade license or other authorization, or engaged in agricultural production and registered according to a special regulation.
1.11 Consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business or other entrepreneurial activity.
1.12 Consumer Purchase Contract is a contract concluded between the merchant as the seller and the Consumer as the buyer, involving the sale of any movable item, including goods with digital elements, water, gas, or electricity sold in limited volume or specified quantity, even if such item is to be manufactured or customized, including to the specifications of the Consumer.
1.13 Goods are everything you can purchase on the E-shop.
1.14 You are the person purchasing from our E-shop, legally referred to as the buyer. If you provide your company ID (IČO) in the order, you acknowledge that the provisions of these Terms for Entrepreneurs apply to you, as well as any mutually agreed conditions. You still have, within the limits of relevant laws, full protection against unfair and aggressive commercial practices and deceptive conduct or omission.
1.15 Agreement is the purchase contract formed based on a properly completed Order submitted via the E-shop, and it is concluded when you receive an Order confirmation from us. The Agreement also includes contracts for goods with digital elements and contracts for digital content. If specific sections of these Terms refer separately to a contract for goods with digital elements or for digital content, such specific provisions apply only to goods and/or digital content provided under those contract types.
1.16 Distance Contract is a contract between the merchant and the Consumer concluded exclusively through one or more means of distance communication, without the simultaneous physical presence of the merchant and the Consumer, especially via online interface, email, phone, letter, or catalog (“Agreement”).
1.17 Civil Code refers to Slovak Act No. 40/1964 Coll. as amended.
1.18 Consumer Protection Act refers to Slovak Act No. 108/2024 Coll. on Consumer Protection and amendments to certain laws.
2. GENERAL PROVISIONS AND NOTICE
2.1 Goods can only be purchased through the web interface of the E-shop.
2.2 When purchasing Goods, you are required to provide us with all information correctly, completely, and truthfully. We will consider the information you provide when ordering as accurate, complete, and truthful.
3. CONCLUSION OF CONTRACT
3.1 The contract with us can be concluded in the Slovak language.
3.2 The conclusion of the contract takes place remotely via the e-shop, whereby the costs for the use of the means of communication that you use when concluding the contract remotely are borne by you. These costs neither increase the total price of the goods nor differ in any way from the basic price that you pay for the use of these resources (in particular for internet access), so you should not expect any additional charges from us beyond the total price. By submitting the order, you agree to the use of remote communication means.
3.3 In order for us to conclude the contract, it is necessary that you create an order draft in the e-shop. This proposal must contain the following information:
a) Information about the purchased goods (in the e-shop, you mark the goods you wish to buy with the “Add to cart” button);
b) Information about the price, shipping costs, value-added tax, the method of payment of the total price, and the desired method of delivery of the goods; this information is entered during the creation of the order draft in the e-shop user environment, while information about the price, shipping cost, VAT, and total price is automatically included in the order draft by us based on the goods you selected and the type of delivery;
c) Your identification data that enable us to deliver the goods, in particular first and last name, delivery address, telephone number, and e-mail address;
3.4 During the creation of the order draft, you have the option to modify and check the data until it is finalized.
3.5 After reviewing, by pressing the “Pay” button, you create the order. However, before clicking the button, you must confirm that you have properly read and agree with the General Terms and Conditions, otherwise it will not be possible to create the order. Confirmation and consent are given via a checkbox. After clicking the “Pay” button, all entered information is sent directly to us.
3.6 We will confirm your order as soon as possible after it has been delivered to us, by sending a message to your e-mail address provided in the order. The confirmation contains a summary of the order and these conditions. By confirming the order on our part, the contract between you and us is concluded. The General Terms and Conditions valid on the day of the order form part of the contract.
3.7 There may also be cases where we cannot confirm your order. This mainly concerns situations where the goods are unavailable, or cases where you order a larger quantity of goods than permitted by us. However, we will always inform you in advance of the maximum number of items in the e-shop, so this should not come as a surprise. If we cannot confirm the order for any reason, we will contact you and offer to conclude the contract in a form different from the order. In such a case, the contract is concluded at the moment you confirm our offer.
3.8 In the event that an obviously incorrect price is stated in the e-shop or in the order draft, mainly due to a technical error, we are not obliged to deliver the goods to you at this price, even if you have received confirmation of the order and thus the contract is concluded. In such a case, we will contact you immediately and are entitled to withdraw from the contract. We will send you this withdrawal from the contract together with an offer to conclude a new contract in a form different from the order. In such a case, the new contract is concluded at the moment you confirm our offer. If you do not accept our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded contract. An obvious price error is, for example, when the price at the time of the order is clearly not the usual price from other sellers, or is obviously missing, or has an additional digit in the price.
3.9 In the event of concluding the contract, you are obliged to pay the total price.
3.10 In some cases, we allow you to use a discount when purchasing goods. To be able to grant a discount, you must enter the information about this discount in the designated field during the creation of the order draft. If you do so, the goods will be provided to you with a discount.
4. PRICE AND PAYMENT TERMS, RETENTION OF TITLE
4.1 The price is always stated in the e-shop, in the order draft, and in the contract. In the event of a discrepancy between the price stated for the goods in the e-shop and the price stated in the order draft, the price stated in the order draft shall apply, which is always identical to the price in the contract. The order draft will also specify the shipping costs or the conditions for free shipping.
4.2 The total price according to point 1.4 includes statutory value-added tax, plus any fees arising from special legal regulations.
4.3 We require you to pay the total price after conclusion of the contract and before the goods are handed over. You can pay the total price in the following ways:
a) By card online. In this case, payment is made via the Stripe payment gateway, and the terms of this payment gateway apply, which are available at the following address: https://stripe.com/en-sk/resources/more/ payment- terms. For online card payments, the total price is due within 15 minutes.
b) Cash on delivery. In such a case, payment is made upon delivery of the goods and not at the moment of handing over the goods. For payment by cash on delivery, the total price is payable upon receipt of the goods.
c) In cash upon personal collection. It is possible to pay for the goods in cash when collecting the goods after personal arrangement. For cash payment upon personal collection, the total price is payable upon receipt of the goods.
d) PayPal. In this case, payment is made via the PayPal payment gateway, and the terms of this payment gateway apply, which are available at the following address: https://www.paypal.com/us/legalhub/paypal/pocpsa-full
4.4 The invoice will be issued in electronic form after payment of the total price and sent to your e-mail address specified in the order.
4.5 Ownership of the goods passes to you only after you have paid the total price and the goods have been delivered to you. The price is deemed paid at the moment of payment.
5. DELIVERY OF GOODS, TRANSFER OF RISK OF ACCIDENTAL DAMAGE, DETERIORATION, AND LOSS OF THE PURCHASED ITEM
5.1 Delivery of the goods to you will be carried out in the manner you choose, with the following options available:
a) Personal collection – by arrangement.
b) Delivery via Slovak Post.
5.2 We are obliged to deliver the goods to you without undue delay, but no later than 30 days from the conclusion of the contract, unless we agree otherwise. Delivery of the goods takes place at the moment they are taken over by you or a person designated by you, or when we hand them over, outside of the delivery options we offer, to a carrier commissioned by you.
5.3 During the performance of the contract, circumstances may arise that affect the delivery date of the goods you have ordered. We will promptly inform you by e-mail of the change in the delivery date and the new estimated delivery date of the ordered goods; your right to withdraw from the contract remains unaffected. Our notification of the new delivery date will also include a request for you to confirm whether you insist on delivery of the goods you ordered on the new date. In the case of personal collection, we will agree in advance on the possibility of collection.
5.4 When taking over the goods from the carrier, it is your duty to check the integrity of the goods’ packaging and, in the event of damage, to inform the carrier and us immediately. If the packaging is damaged in a way that indicates unauthorized handling or tampering with the shipment, you are not obliged to accept the goods from the carrier.
5.5 You are obliged to take over the goods at the agreed place and time. If you fail to take over the goods as stated in the preceding sentence, we will inform you by e-mail where you can collect the goods, including the deadline for collection, or we will re-deliver the goods to you upon your written request sent no later than 14 days after the date on which you should have taken over the goods. You agree to reimburse us for all costs associated with the re-delivery of the goods at your request. If you breach your obligation to take over the goods, except in cases under clause 6.4 of these Terms and Conditions, there is no breach of our obligation to deliver the goods to you. Likewise, your failure to accept the goods is not grounds for withdrawal from the contract between you and us. If you do not collect the goods within the additional period, we are entitled to withdraw from the contract due to a material breach of contract by you. If we decide to exercise this right, the withdrawal becomes effective on the day we send you notice of withdrawal. Withdrawal from the contract does not affect the right to compensation for damages in the amount of the actual costs incurred in attempting to deliver the goods to you at your request, or any other claim for damages if applicable.
5.6 If the goods are delivered repeatedly or in a manner other than agreed in the contract for reasons attributable to you, you are obliged to reimburse us, at your request, for the costs associated with such repeated delivery. We will send the payment details for these costs to your e-mail address specified in the contract, and payment is due within 14 days of the delivery of the e-mail.
5.7 The risk of accidental destruction, accidental deterioration, and loss of the goods passes to you at the moment the goods are delivered to you. If you do not accept the goods or refuse to accept them, except in cases under clause 6.4 of these Terms and Conditions, the risk of accidental destruction, accidental deterioration, and loss of the goods passes to you at the moment you had the opportunity to take them over, but did not do so for reasons on your part. The transfer of the risk of accidental destruction, accidental deterioration, and loss of the goods means that from that moment you bear all consequences associated with the loss, destruction, damage, or any deterioration of the goods.
6. RIGHTS ARISING FROM DEFECTIVE GOODS LIABILITY
6.1 Provisional regulation on liability for defects
6.1.1 If you are a business, we undertake to deliver the goods to you in the agreed quality, quantity, and without defects.
6.1.2 If you are a consumer, we undertake to deliver the goods to you in accordance with the general requirements under § 617 of the Civil Code and the agreed requirements under § 616 of the Civil Code, so that the products you ordered from our e-shop or in our promotional materials are flawless and free from defects in relation to the goods delivered. The goods do not have to meet the general requirements under § 617 of the Civil Code if we have explicitly informed you at the conclusion of the contract that a specific item does not meet these general requirements and you have expressly agreed to this.
6.1.3 The sold goods meet the general requirements under § 617 of the Civil Code if:
a) they are suitable for all purposes for which goods of the same type are usually used, taking into account in particular the legal regulations, health standards, or codes of conduct applicable to the respective industry;
b) they correspond to the description and quality of the sample or model provided to you before the conclusion of the contract;
c) they are delivered with accessories, packaging, and instructions;
d) they are delivered in the quantity, quality, and characteristics, including functionality, compatibility, safety, and the ability to maintain their functionality and performance (lifetime) during normal use, which are typical for goods of the same type and which you can reasonably expect given the nature of the goods sold, taking into account a public statement by us or another person in the same supply chain, including the manufacturer, or on their behalf, especially in advertising or on the label. For the purposes of this provision, the manufacturer is considered to be the manufacturer of the goods, the importer of the goods into the European Union from a third country, or another person who identifies themselves as the manufacturer by placing their name, brand, or other distinguishing mark on the goods. We are liable for defects present in the goods at the time of delivery within the scope of our obligation under Art. 6.1.1 or 6.1.2 of these terms.
6.1.4 If you are a business, we are not liable for defects in the goods in the following cases:
a) if you were aware of the existing defects or should have been aware of them under the circumstances at the time of conclusion of the contract, and these defects do not contradict the agreed properties of the goods;
b) if the defects in the goods arose after you took over the goods, unless the defects resulted from a breach of our obligations or you had the opportunity to refuse acceptance of the goods under Art. 6 of these Terms and Conditions and you refused or failed to accept them without legal reason;
c) if you did not report obvious defects in the goods in time in accordance with Art. 6.3.1 of these terms;
d) if you did not report hidden defects in the goods in time in accordance with Art. 6.3.2 of these terms;
6.1.5 If you are a consumer, we are not liable for defects and properties of the goods if:
a) you did not report the defects in the goods within the time limit specified in point 6.4.1 of these terms;
b) the goods do not meet the general requirements under § 617 of the Civil Code, but we have clearly informed you in writing of this and you have expressly given your explicit written consent to such non-compliance;
6.1.6 The general warranty period is 24 months. The warranty period starts from the date you take over the goods.
6.1.7 In the case of replacement of the goods, the warranty period starts anew once you have taken over the new goods.
6.1.8 Your rights from liability for defects in goods covered by the warranty period expire if you do not exercise them within the warranty period. However, you must assert your rights for goods that deteriorate quickly no later than the day after purchase; otherwise, your rights will expire.
6.2 The sold goods are defective if they do not meet the agreed requirements and general requirements according to the above points or if their use is made impossible or restricted by the rights of third parties, including intellectual property rights. We guarantee that the goods are free from defects at the time when the risk of accidental loss and accidental deterioration passes to you in accordance with Clause 6.8 of the Terms and Conditions, in particular that they:
a) correspond to the description, type, quantity, and quality and have the properties we agreed with you, and if these were not expressly agreed, those stated in our description of the goods or which can reasonably be expected given the nature of the goods;
b) are suitable and functional for the purposes stated by us or for the usual purposes for goods of this type;
6.3 Conditions for exercising the right arising from liability for defects (complaint) especially for businesses
6.3.1 You are obliged to report the defect immediately after discovery, but no later than within 3 days of receiving the goods.
6.3.2 You are obliged to exercise the right from liability for other (hidden) defects in accordance with point 6.5.1 below immediately after discovering the defect in the product, but no later than before the end of the warranty period.
6.3.3 If the goods are delivered to you in broken or damaged packaging or the shipment is clearly too light, we ask you not to accept such goods from the carrier and to notify us of this immediately by calling +421 903 489 502 or by e-mail at sales@argana.sk. If obvious defects (e.g. mechanical damage) are found, you are obliged to immediately submit a complaint in accordance with point 6.5.1 below. Later complaints about obvious defects in the goods, including defects consisting of incomplete goods, will not be considered by us.
6.3.4 The warranty applies to all defects in the goods described in point 6.2 and/or contrary to our obligation under point 6.1 of these Terms and Conditions.
6.3.5 You are not entitled to claims from liability for defects if we are not responsible for the defects under point 6.1.5 of these terms or under the applicable legal regulations at the time of the conclusion of the contract, or if you knew about the defect before taking over the goods, or we informed you about it, or you were granted a reasonable discount on the product price for this reason.
6.4 Conditions for exercising the right arising from liability for defects (complaint) especially for consumers
6.4.1 You have the right to exercise your rights from liability for defects occurring upon receipt of the goods within 2 months after discovering the defect, but no later than 24 months after delivery of the goods.
6.4.2 If the goods are delivered to you in broken or damaged packaging or the shipment is clearly too light, we recommend that you do not accept such goods from the carrier and notify us immediately by calling +421 903 489 502 or by e-mail at info@argana.sk. If you decide to accept such a shipment, it is necessary to inspect the shipment in the presence of the carrier and ensure that no items are missing and that all items are in good condition. If, during the inspection, you find that the condition or quantity of the ordered goods does not correspond to your order, we recommend attaching a damage report to the shipment with the carrier’s representative or noting such a defect in the carrier’s delivery protocol.
6.4.3 If obvious defects are found after taking over the goods (e.g. mechanical damage, missing goods or items, defective goods or items), we ask you to immediately submit a complaint according to point 6.5.1 below. We are entitled to reject a later complaint about obvious defects in the goods, including defects consisting of incomplete goods.
6.4.4 A claim from liability for defects does not arise if we are not responsible for the defects according to point 6.1.6 of these terms or according to the applicable legal regulations at the time of the conclusion of the contract.
6.4.5 You are entitled to exercise the right from liability for defects in the manner described in point 6.5.1 and within the period specified in point 6.4.1 of these Terms and Conditions.
6.5 Exercising the right arising from liability for defects (complaint)
6.5.1 If the goods have a defect, i.e. especially if any of the conditions under point 6.1 are not met, you may notify us of such a defect and exercise your rights from liability for defects (i.e. submit a complaint) by sending an e-mail or letter to the address stated in our identification details, or in person by prior arrangement. For a complaint, you may also use the sample form provided by us, attached as Annex No. 1 to these Terms and Conditions.
6.5.2 In your complaint request, please specify in particular a description of the defect in the goods and your identification details, including the e-mail address to which you wish to receive a notice on how the complaint will be handled, and also state which of the claims from liability for defects listed in points 6.6.3 to 6.6.8 you are asserting.
6.5.3 Please also submit a proof of purchase of the goods (invoice) when making a complaint, to prove the purchase from us; otherwise, we are not obliged to accept your complaint.
6.5.4 The date of filing a complaint is considered to be the day on which we receive the defective goods along with the related documents (according to point 6.5.3). If your complaint is incomplete (in particular illegible, unclear, incomprehensible, missing documents, etc.), we will ask you in writing, especially by e-mail, to complete the complaint. In such a case, the complaint procedure begins on the day we receive your completed submission.
6.5.5 When we receive your complaint or the supplement to your submitted complaint, we will issue you without delay a written confirmation of the receipt of the complaint or of the defect. In the confirmation, we will state the shortest possible period determined according to point 6.6.1 in which we will remove the alleged defect in the goods.
6.5.6 If you do not complete the complaint according to point 6.5.4 of this article without delay, but no later than 10 days from the date of delivery of our request under point 6.5.4, we will consider your request unfounded, and if the missing information necessary for processing the claim is not provided by you, we may decide not to process such an incomplete claim.
6.6 Complaint handling
6.6.1 Based on your decision as to which of the methods of remedy listed in points 6.6.3 and 6.6.4 to 6.6.8 you choose, we will remove the defect within a reasonable time required for assessment of the defect, for repair, or for replacement of the item, taking into account the nature of the item and the nature and severity of the defect, and no later than 30 days from the date of your claim, starting from the date the defect was identified. We do not provide a consumer guarantee under § 626 of the Civil Code. We are not obliged to accept the method of remedy you choose if it is not possible or would cause us disproportionate costs considering the price of the goods and the severity of the defect.
6.6.2 Only in exceptional cases and for objective reasons may we extend the period for defect removal stated in the confirmation of acceptance of the defect claim by the best possible period for defect removal. We will inform you of such an extension in writing.
6.6.3 If the defect can be removed by repair, you have the right to have the defect removed free of charge, properly, and in due time at our expense.
6.6.4 Instead of repairing the defect, you may request replacement of the product.
6.6.5 Instead of removing the defect by repairing the goods, we may at any time replace the defective goods with defect-free goods, provided this does not cause you serious difficulties.
6.6.6 After the period for defect removal expires, you have the right to a reasonable discount on the price of the goods or to withdraw from the contract. You also have these rights if we do not remove the defect or replace the product, if we refuse repair or replacement because it is not possible or would require disproportionate costs, if the product still has a defect despite repair or replacement, or if we inform you that it is not possible to remove the defect or replace the goods within a reasonable period or without causing you serious difficulties. The discount on the purchase price must be proportionate to the difference between the value of the goods sold and the value the goods would have if they were defect-free. We will refund the purchase price or pay the discount by the same means as you paid, unless we expressly agree on another method. We will bear all costs associated with the payment. Withdrawal from the contract under point 6.6.6 is not possible if you contributed to the occurrence of the defect or if the defect is minor. If the contract concerns several goods, you may withdraw only in respect of the defective goods. You may withdraw in respect of other goods only if it cannot reasonably be expected that you would be interested in keeping the other goods without the defective goods.
6.6.7 If there is a defect in the goods that cannot be removed and that prevents you from using the goods properly as defect-free goods, you have the right to exchange the goods or withdraw from the purchase contract. You have the same rights if the defects are removable but you cannot use the product properly because the defect reoccurs after repair or because there are a larger number of defects.
6.6.8 We will settle your complaint or defect claim by delivering repaired goods, exchanging goods, granting a reasonable discount on the purchase price, or by a written, reasoned rejection of liability for defects, i.e. by rejecting your complaint.
6.7 If you are a consumer, the exercise of your rights from liability for defects in goods is governed by §§ 619 et seq. of the Civil Code, Act No. 250/2007 Coll. on Consumer Protection.
6.8 If we reject liability for defects or reject your claim, you have the right to contact an accredited person, an authorized person, or a designated person (e.g. expert, authorized, accredited, or designated body, authorized entity, scientific institution, etc.) to provide you with an expert opinion or professional assessment proving our liability for defects in the goods.
6.9 If you prove our liability for defects in the goods under point 6.8, you may submit the defect complaint to us again, in which case we cannot reject liability and will therefore be obliged to handle your complaint again.
6.10 We will bear the costs associated with obtaining an expert opinion or assessment under point 6.8 of these Terms and Conditions, but you must claim these costs from us no later than 2 months after the complaint has been processed.
6.11 We have hereby duly informed you of your rights in connection with the exercise of liability for possible defects in the goods. By concluding the agreement, you confirm that you had the opportunity to read the conditions for complaints in advance and that you understood them.
7. WITHDRAWAL FROM THE CONTRACT
7.1 Withdrawal from the contract, i.e., the termination of the contractual relationship between us and you from the outset, can take place for the reasons and under the conditions stated in this article or other provisions of the General Terms and Conditions, where the possibility of withdrawal is explicitly specified.
7.2 If you are a consumer, you have the right under § 20 of the Consumer Protection Act to withdraw from the contract within 14 days of receiving the goods without giving any reason. In the case that we have concluded a contract concerning multiple types of goods or the delivery of several partial shipments, this period shall start only on the day you receive the last part of the goods. You may withdraw from the contract by any verifiable means (in particular by sending an email or letter to our address stated under “Our Identification Details” in the terms). You may also use the withdrawal form provided by us, attached as Annex No. 2 to the Terms. You are entitled to withdraw from the contract in respect of one or more specific products if we have delivered or provided multiple products under the contract. The effects of withdrawal from the contract also apply to any ancillary agreements to the contract unless we explicitly agree otherwise. Upon receipt of the notice of withdrawal, we will immediately send you confirmation of receipt by email.
7.3 In the event that you are a consumer and we fail to deliver the goods to you on time, you are also entitled to withdraw from the contract without setting a reasonable deadline in accordance with § 517 paragraph 1 of the Civil Code if (i) we refuse to deliver the goods to you, (ii) timely delivery was of utmost importance considering all circumstances of the contract conclusion, (iii) you informed us before concluding the contract that timely delivery was extremely important.
7.4 However, even as a consumer, you cannot withdraw from the contract if the subject matter of the contract is:
a) sale of goods made according to your specifications or specifically manufactured for you;
b) sale of goods liable to rapid deterioration or expiration, and goods that have been inseparably mixed with other goods after delivery;
c) sale of goods in a protective packaging that is not suitable for return for reasons of health protection or hygiene, and whose protective packaging was damaged after delivery.
7.5 The withdrawal period under Art. 7.2 shall be considered met if you notify us of your withdrawal during the withdrawal period (but no later than on the last day).
7.6 In case of withdrawal from the contract, the price will be refunded to you within 14 days from the date of receipt of the withdrawal declaration to your bank account from which the payment was made or to the bank account you have chosen upon withdrawal from the contract. However, the amount will not be refunded before you return the goods to us or provide proof that the goods have been sent back. Please return the goods clean, preferably including the original packaging.
7.7 In the case of withdrawal from the contract pursuant to Art. 7.2, you are obliged to send the goods back to us or to a person authorized by us to accept the goods within 14 days of the withdrawal, bearing the costs of returning the goods to us. This does not apply if we agree to collect the goods personally or through a person authorized by us. The deadline is met if the goods are handed over for transport no later than on the last day of the deadline. Conversely, you have the right to reimbursement of the costs of transport from us, but only up to the amount of the cheapest standard shipping method offered by us for delivery of the goods.
7.8 You are liable for damages in cases where the goods are damaged due to handling in a way other than what is necessary given their nature and properties. In such cases, we will charge you for the damages incurred after the goods are returned to us, with a payment term of 14 days.
7.9 We are entitled to withdraw from the contract if the stock is sold out, the goods are unavailable, or if the manufacturer, importer, or supplier agreed upon in the contract has ceased production or made significant changes making production impossible; if we fail to fulfill our contractual obligations; or due to force majeure; or if despite all reasonable efforts we are unable to deliver the goods to you within the deadline specified in these terms. In these cases, we are obliged to inform you immediately and refund any amounts already paid for the goods within 14 days from the date of notification of withdrawal from the contract. We will refund you by the same means as you used for payment, unless otherwise agreed, provided no additional costs arise for you in connection with the refund.
7.10 We are entitled to withdraw from the contract if you fail to take delivery of the goods within 5 working days from the day you were obliged to accept the goods.
8. SUBMISSION OF INITIATIVES AND COMPLAINTS
8.1 As a consumer, you have the right to submit suggestions and complaints in writing by email to info@argana.sk
8.2 We will inform you about the evaluation of the initiative or complaint by email to your email address.
8.3 If you are not satisfied with the handling of your inquiry or complaint, you can submit a request for inspection electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
9. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS
9.1 You have the right to contact us with a request for correction by email at info@argana.sk if you are not satisfied with the way we handled your complaint or if you believe we violated your rights. If we respond negatively to your request or do not reply within 30 days of submission, you have the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity (“Concerned Entity”) pursuant to Act No. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to certain laws, as amended (“Act on Alternative Dispute Resolution”).
9.2 Entities are authorities and authorized legal entities according to § 3 of the Act on Alternative Dispute Resolution, whose list is published on the website of the Ministry of Economy of the Slovak Republic. List of Alternative Dispute Resolution Entities.
9.3 You may submit a proposal in the manner described in Section 12 of the Act on Alternative Dispute Resolution.
9.4 Furthermore, you have the right to initiate online out-of-court dispute resolution via the ODR platform available on the website https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297 https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
10. FINAL PROVISIONS
10.1 We send all written correspondence with you by email. Our email address can be found under “Our Identification Data.” We send correspondence to your email address specified in the agreement or through which you contacted us.
10.2 A contract amendment is only possible with our written consent. However, we are entitled to change and supplement these General Terms and Conditions, whereby such changes do not affect already concluded contracts but only contracts concluded after the effective date of this change. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive your termination of the concluded contract for regular and repeated deliveries of goods within 14 days after sending the notice of change, the new terms become part of our contract and apply to the next delivery of goods after the date the change takes effect. The notice period in case of termination is 2 months.
10.3 In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational disruptions, subcontractor failures, etc.), we are not liable for damages arising as a result of or in connection with cases of force majeure or unforeseeable events. If this condition lasts longer than 10 days, both we and you have the right to withdraw from the contract in writing.
10.4 An integral annex to the General Terms and Conditions is a sample complaint form (Annex No. 1) and a sample withdrawal form from the contract including instructions (Annex No. 2).
10.5 The contract, including the General Terms and Conditions, is archived by us in electronic form but is not accessible to you. However, you always receive these General Terms and Conditions and order confirmations along with a summary of the order by email and therefore always have access to the agreement even without our involvement. We recommend always keeping the order confirmation and the General Terms and Conditions.
10.6 No codes of conduct pursuant to § 2 letter i) of the Consumer Protection Act apply to our activities.
These terms come into effect on December 15, 2024.