Terms and Conditions

Operator of the Online Store for Purchase Contracts Concluded via the E-Shop (www.cacao-conexion.sk)

1. General Provisions

(1) Purchase contracts concluded through the online store are governed by the relevant provisions of:

• Act No. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll. (hereinafter referred to as the “Electronic Commerce Act”),

• Act No. 250/2007 Coll. on Consumer Protection and on the Amendment of the Slovak National Council Act No. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as the “Consumer Protection Act”),

• Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises and on Amendments to Certain Acts (hereinafter referred to as the “Act on Consumer Protection in Distance Selling”),

• as well as Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”),
  and these General Terms and Conditions (hereinafter referred to as the “GTC”), which govern the details of their conclusion and execution.

(3) The buyer is any customer making a purchase.

(4) The seller publishes a list of goods offered to the buyer and allows the buyer to order goods through an application available on the website: https://cacao-conexion.sk (hereinafter referred to as the “online store”).

(5) These General Terms and Conditions (GTC) are binding for purchases made in the online store. By ticking the checkbox before submitting an order via the online store, the buyer confirms that they have read the GTC in full, understood their contents, and agree to them. The buyer also agrees that these GTC and their provisions and conditions shall apply to all purchase contracts concluded on any website of the online store operated by the seller, based on which the seller delivers the goods presented on the relevant website to the buyer (hereinafter referred to as the “purchase contract”), as well as to all relationships between the seller and the buyer, arising in particular when concluding the purchase contract and handling product complaints.

(6) The General Terms and Conditions are an integral part of the purchase contract. In the event that the seller and the buyer conclude a written purchase contract containing provisions that differ from these GTC, the provisions of the purchase contract shall take precedence over the GTC.

2. Description of Goods

(1) Information about the goods provided in the “Description” section of the online store is obtained from publicly available sources and the manufacturer’s official websites. The seller reserves the right to change the information about the goods listed in the “Description” section of the online store without prior notice.

3. Purchase Contract

(1) The purchase contract is concluded upon the binding acceptance of the buyer’s order by the seller in accordance with paragraph 2 of this article of the GTC.

(2) The binding acceptance of the buyer’s order by the seller is the email confirmation sent by the seller to the buyer, confirming the acceptance of the order (the so-called “order confirmation”), after the order has been received from the buyer and after verifying the availability and delivery date of the goods requested by the buyer. This confirmation is labeled “order confirmation.”
An automatically generated message acknowledging receipt of the order into the seller’s electronic system, which is sent to the buyer’s email address immediately after the order is submitted, does not constitute a binding acceptance of the order.
All further information regarding the specific order will be sent to the buyer’s email address if necessary.

(3) The binding acceptance of the order includes:

• details about the name and specification of the goods that are the subject of the purchase contract,

• details about the price of the goods and/or other services,

• details about the price, terms, method, and date of transport of the goods to the agreed delivery location for the buyer,

• details about the seller (business name, registered office, company ID, company registration number, etc.),

• and possibly other details.

(4) The seller is bound by the offer, including the price of the goods, from the moment the order is accepted in the form of an email message with the subject “Order Confirmation” until the expiration of the delivery period agreed upon with the buyer.

(5) If the buyer decides to cancel the order, they may do so within 24 hours from the time the order was received by the seller. The buyer has the right to cancel the order by sending an email to the seller indicating their name, email address, and a description of the ordered goods.
In the event of cancellation, the seller will not charge the buyer any fees related to the cancellation of the order.
If the buyer has already made full or partial payment, the seller will refund the amount paid (in full or in part) within 7 days from the cancellation of the order, using the method agreed upon in advance.

4. Rights and Obligations of the Seller

(1) The seller is obliged to:

• deliver to the buyer, based on the order confirmed by the seller, the goods in the agreed quantity, quality, and within the agreed time frame, and to package or prepare the goods for transport in a manner necessary for their preservation and protection,

• ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,

• provide the buyer, at the latest together with the goods, in written or electronic form, with all documents necessary for receiving and using the goods, as well as any other documents required by applicable legislation (such as instructions in Slovak, Czech, or English, a warranty certificate, a delivery note, and a tax document).

(2) The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.

(3) The seller has the right to cancel the order if, due to stock depletion or unavailability of goods, they are unable to deliver the goods to the buyer within the period specified in these terms and conditions, or at the price listed in the online store, unless an alternative fulfillment has been agreed upon with the customer.
The customer will be informed about the order cancellation by phone or email, and in the case of prior payment of the purchase price or part thereof, the financial amount will be refunded within 15 days to the account specified by the customer, unless otherwise agreed with the seller.

5. Rights and Obligations of the Buyer

The buyer is obliged to:

• receive the purchased or ordered goods,

• pay the agreed purchase price within the agreed payment period, including the costs of delivery,

• refrain from damaging the good reputation of the seller,

• confirm receipt of the goods by signing, or by having an authorized person sign on their behalf.

The buyer has the right to:

• receive the goods in the quantity, quality, time, and place agreed upon by the contracting parties in the binding acceptance of the order,

• withdraw from the purchase contract in accordance with the applicable consumer protection law and these general terms and conditions.

6. Delivery and Payment Terms

(1) The goods are sold based on samples, catalogs, data sheets, and product listings of the seller placed on the website of the online store.

(2) The seller undertakes to deliver the goods to the buyer within the agreed time period, but no later than 30 days from receipt of the order, unless otherwise agreed.

(3) The buyer is obliged to receive the goods at the location specified in the binding acceptance of the order sent by the seller.

(4) If there is a delay in delivery on the part of the seller, the seller is entitled to unilaterally extend the delivery period, even repeatedly. The seller will inform the buyer of such an extension and issue a confirmation thereof. The buyer has the right to withdraw from the contract if the delivery period is extended.

(5) If the buyer is unable to receive the goods at the time and place agreed in the purchase contract, they must inform the seller without delay.

(6) The weight, dimensions, and other specifications of the goods contained in the catalogs, brochures, and other materials of the seller displayed on the seller’s website, as stated by the manufacturer, may differ from the actual values by ±3%.

(7) The place and method of delivery of the goods are those specified in the binding acceptance of the order by the seller.

(8) If the seller delivers the goods to the buyer at the location specified by the buyer in the purchase contract, the buyer is obliged to personally accept the goods or ensure that the goods are received by a person authorized by them in the event of their absence. The buyer or their authorized representative must sign the delivery and handover protocol.
The buyer undertakes to inform the seller by email no later than on the day of delivery/receipt that the goods will be received by a third person instead of the buyer, and must provide the full name of that person.
If the buyer fails to fulfill this obligation and/or does not state the name of the third person authorized to receive the goods, the goods will not be handed over to anyone other than the buyer.
If delivery of the goods must be repeated due to the buyer’s absence at the location specified in the purchase contract, all costs incurred—particularly those related to the repeated delivery—will be borne by the buyer.
The goods are considered delivered at the moment they are brought to the address stated in the binding acceptance of the order, and received at the moment of their physical handover to the buyer or their authorized representative, or upon refusal of receipt, which will be noted by the carrier in the delivery and handover protocol.

(9) The buyer is obliged to inspect the goods and their packaging immediately upon receipt.
If the buyer discovers that the goods or their packaging are mechanically damaged or incomplete, they must report this to the carrier and draw up a written record together with the carrier.
If the goods are mechanically damaged inside undamaged packaging, the buyer must notify the seller immediately after receiving the shipment and must refrain from using the goods.
Later claims regarding mechanical damage will not be accepted.

(10) If the buyer unjustifiably refuses to accept the goods without a prior written withdrawal from the contract or fails to pay the purchase price for properly delivered goods, the seller is entitled to claim compensation for damages in the amount of the actual costs incurred for the unsuccessful delivery attempt.
This does not affect the seller’s right to claim additional damages.

(11) After 14 days from the date the buyer was obliged to receive the goods, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party.

(12) In cases where a warranty certificate is required, the buyer will receive it in the package along with the goods, the tax document, delivery note, and other documents required by applicable law.

(13) Methods of delivery of goods:

• GLS courier service – cash on delivery: delivery on business days within 24 hours after dispatch.

• GLS courier service – payment in advance by bank transfer: delivery on business days within 24 hours after dispatch.

• Personal collection of goods at the company’s premises: Conexion s.r.o., Hlaváčiková 3120/9 841 05 Bratislava, based on prior arrangement.

• Personal delivery to a location specified by the customer: based on agreement.

If an order is placed in the system by 11:00 a.m. on a working day and the requested goods are in stock, the shipment will be dispatched the same day.
The prices of individual delivery methods may vary depending on the specific order.
The buyer selects the delivery method and cost when placing the order, where the delivery fee, price of goods, and total order price will all be stated.

7. Method of Payment and Purchase Price

(1) The buyer is obliged to pay the seller the purchase price of the goods agreed upon in the purchase contract and/or according to the seller’s price list valid at the time the contract is concluded, including the costs of delivery (hereinafter referred to as the “purchase price”), in one of the following forms:

• by cash or cashless payment at the seller’s designated business premises,

• by cash on delivery at the place of delivery of the goods,

• by payment through a leasing company,

• by bank transfer to the seller’s account stated in the binding acceptance of the order.

(2) The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than upon receipt of the goods.

(3) The seller reserves the right to change the purchase price in the event of changes in legislation, changes in prices from manufacturers or suppliers of goods.
The seller also reserves the right to correct the price listed in the online catalog if it is found to have been incorrectly stated.
The seller is obliged to inform the buyer of such a correction.
If the price of a product changes after it has been ordered, the seller must immediately notify the buyer, who then has the right to either withdraw from the contract or confirm the order at the updated price.

(4) In the case of cashless payment by bank transfer, the payment date is considered the day when the full amount of the purchase price is credited to the seller’s account.

(5) Installation and delivery costs are not included in the purchase price of the goods, and the seller is not obliged to provide these services to the buyer.

(6) All promotions and discounts are valid until stocks are exhausted, unless stated otherwise for a specific product.
All prices for goods and services, as well as all fees in the online store, are final and are inclusive of VAT.

(7) Prices in flyers and marketing materials may differ from those on the website.
All current and valid prices are listed on the website www.cacao-conexion.skand apply at the time the order is placed.

8. Buyer’s Right to Withdraw from the Contract

(1) The buyer has the right to withdraw from the purchase contract under the conditions set out in Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises, and on amendments and supplements to certain laws (hereinafter referred to in this article as “Act No. 102/2014 Coll.”), within 14 days from the day of receipt of the goods by the buyer or by a third party designated by the buyer.

The buyer has the right during this period to unpack and test the goods in the same way as would be possible in a traditional “brick-and-mortar” store, but only to the extent necessary to determine the nature, characteristics, and functionality of the goods.

The withdrawal period is maintained if the buyer sends a notice of withdrawal before the expiry of the 14-day period.

(2) The buyer must exercise their right to withdraw exclusively in writing, either by:

• registered mail sent to the seller’s registered address indicated in the header of these General Terms and Conditions,

• email sent to: info.conexion@gmail.com or

• another form that leaves no doubt that the withdrawal has taken place.

(3) The buyer is responsible for any reduction in the value of the goods resulting from handling them beyond what is necessary to determine their nature, properties, and functionality.

(4) Since the contract is cancelled from the beginning in the event of withdrawal, both contracting parties are obliged to return or replace all mutual performance received.

(5) The buyer must send the goods to the seller’s registered address within 14 days of withdrawal from the contract. The goods must be returned:

• unused,

• undamaged,

• in the original packaging,

• complete (including any inserts, leaflets, and other items originally contained in the package),

• and accompanied by the proof of purchase.

It is recommended to insure the shipment.
Cash-on-delivery returns will not be accepted.

(6) The seller will, without undue delay and no later than 14 days from the date of receiving the notice of withdrawal, refund all payments received from the buyer, including delivery costs, in accordance with Act No. 102/2014 Coll.

The refund will be made using the same payment method the buyer used, unless otherwise agreed between the buyer and the seller.

(7) The direct costs of returning the goods upon withdrawal from the contract are borne by the buyer.

(8) If the buyer withdraws from the contract and returns the goods to the seller in a reduced-value condition—that is, used, damaged, or incomplete—the buyer shall reimburse the seller for the costs incurred in restoring the goods to their original condition.

(9) According to §7(6) of the above-mentioned Act, the buyer cannot withdraw from the contract in the following cases:

a) for the provision of a service, if the service has begun with the consumer’s explicit consent, and the consumer has declared that they were duly informed that by granting such consent, they lose the right to withdraw after the full provision of the service;

b) for the sale of goods made to the consumer’s specifications, goods custom-made, or goods intended specifically for one consumer;

c) for the sale of audio recordings, video recordings, audiovisual recordings, books, or computer software sold in a sealed package, if the consumer has unsealed the package, or in the case of computer software, if installation has been performed;

d) for the provision of digital content not supplied on a tangible medium, if the performance has begun with the consumer’s explicit consent and the consumer has declared that they were duly informed that by granting such consent, they lose the right to withdraw from the contract.

(10) The provisions of this section of the General Terms and Conditions apply exclusively to buyers who are consumers, i.e. natural persons who, when concluding the purchase contract, are not acting within the scope of their business activity, employment, or profession.

A withdrawal form can be found here.

9. Scope of the Complaints Procedure

(1) The Complaints Procedure applies to goods purchased by the buyer from the seller via the seller’s online store on the seller’s website.

(2) The process for exercising rights arising from liability for defects in sold goods is governed by Sections 612 to 627 of the Civil Code (OZ) and the relevant provisions of the Consumer Protection Act.

By sending an order to the seller, the buyer confirms that they have been properly informed about the conditions and procedure for making a complaint, including information on where the complaint can be made and how warranty repairs are carried out, in accordance with Section 18(1) of the Consumer Protection Act.

(3) The warranty period for all goods is 24 months for natural persons (consumers), unless otherwise specified for a particular product, and begins on the day the goods are received by the buyer.

The warranty period for legal entities (businesses) is 12 months, unless otherwise provided by law.

(4) When filing a complaint, the buyer must submit to the seller the original tax document (invoice) and the original warranty certificate.
The seller is not obliged to accept a complained item if it is dirty or shows signs of improper or abnormal use.

The buyer is entitled to file a complaint with the seller:

• in person,

• or by phone, followed by a written statement via email sent to: info.conexion@gmail.com

The goods under complaint must be delivered to the seller’s registered address.
Cash-on-delivery parcels will not be accepted.
It is recommended to insure the shipment containing the goods.

(5) The seller is not responsible for product defects caused, in particular, by:

• mechanical damage,

• force majeure (natural disasters),

• improper handling by the buyer, contrary to the user manual or normal use of the product,

• or, in specific cases where it follows from the nature of the goods, intervention by unauthorized persons, including the user, or any other unqualified interference.

(6) The seller shall decide on the complaint immediately, in complex cases within 3 working days.
In justified cases, especially when a complex technical evaluation of the product’s condition is required, the decision shall be made no later than 30 days from the date the complaint was filed.
After this period expires, the buyer has the right to withdraw from the contract or to exchange the product for a new one.

(7) The buyer will be informed of the outcome of the complaint immediately after the complaint procedure has been completed, by phone or email, and a complaint report will be delivered to the buyer either together with the goods or via email.

(8) The complaint procedure for goods that can be objectively delivered to the seller begins on the day when all of the following conditions are met:

• The completed complaint form is delivered by the buyer to the seller,

• The complained goods are delivered by the buyer to the seller,

• Any access codes, passwords, etc. related to the goods are delivered by the buyer to the seller.

10. Withdrawal from the Purchase Contract by the Seller

(1) The seller is entitled to withdraw from the purchase contract in the following cases:

• If stocks are sold out,

• If the goods become unavailable,

• If the manufacturer, importer, or supplier of the goods specified in the purchase contract has discontinued production or made such significant changes that make it impossible for the seller to fulfill their obligations under the purchase contract,

• Due to force majeure,

• If, despite all reasonable efforts, the seller is unable to deliver the goods to the customer within the time limit specified in these Terms and Conditions or at the price listed in the online store,

• In the event of a price change caused by hackers, a system error, or an incorrect currency conversion.

The seller is obliged to immediately inform the buyer of such circumstances by phone or email and to return any deposit or purchase price already paid for the goods specified in the purchase contract within 7 days from the notification of withdrawal from the contract, by bank transfer to the account specified by the buyer, unless otherwise agreed between the buyer and seller.

11. Security and Personal Data Protection

(1) The contracting parties agree that if the buyer is a natural person, they are obliged to provide the seller with their full name, permanent address including postal code, telephone number, and email address.

(2) The contracting parties agree that if the buyer is a legal entity, they are obliged to provide the seller with the company name, registered office address including postal code, company ID number (ICO), telephone number, and email address.

(3) By submitting an order to the seller, the buyer declares truthfully that they consent, in accordance with § 11(1) of Act No. 122/2013 Coll. on the Protection of Personal Data (as amended) (“ZnOOÚ”), to the seller processing and storing their personal data, especially the data mentioned above and/or those necessary for the seller’s operations, in all of the seller’s information systems.

• These personal data will be processed for 24 months, unless otherwise required by law.

• The buyer also consents to the cross-border transfer of personal data to intermediaries in the Czech Republic for purposes such as recording purchase contracts, invoices, other documents, marketing, delivery services, and installment agreements.

• The seller is entitled to share personal data for the above purposes to improve service quality and customer satisfaction.

• The seller undertakes to handle personal data in accordance with applicable Slovak laws, processing them only for as long as necessary to fulfill contractual and legal obligations.

• Upon completing the purpose of processing, the seller will promptly delete the personal data according to § 17(1) ZnOOÚ.

• The buyer can withdraw consent at any time in writing; consent will terminate one month after receipt of withdrawal, and the data will be deleted.

• Personal data will not be disclosed to third parties except where necessary to fulfill contractual obligations (e.g., delivery service). The buyer acknowledges that some data may be shared with third parties (e.g., courier) to fulfill obligations under the purchase contract.

(4) The seller declares that all personal data is confidential and will only be used to fulfill the contract, for marketing campaigns, and to verify the buyer’s creditworthiness, reliability, and payment behavior.

• No personal data will be disclosed to third parties except for purposes directly related to order fulfillment, delivery, payment, or marketing campaigns.

• The seller ensures that personal data is protected against unauthorized access and processed in accordance with Slovak law, including Act No. 122/2013 Coll.

• The buyer consents to the collection and processing of personal data for contract fulfillment, marketing purposes (including third-party notifications, telemarketing, SMS), and verification of creditworthiness and reliability, until they express written objection to Conexion, s.r.o., Hlaváčiková 3120/9, 841 05 Bratislava. Written objection includes electronic forms, e.g., via the contact form.

• For complaint handling, personal data collected includes name, surname, address, telephone number, email, and signature or biometric signature, processed solely to manage the complaint according to applicable law.

• The buyer has rights to access, correct, or request deletion of their personal data, and to obtain explanations regarding processing.

• Conexion.sk may use cookies or similar tools to improve its services in accordance with Directive 95/46/EC. Users can refuse cookies by enabling private browsing or similar functionality.

• Conexion.sk reserves the right to refuse orders from blocked IP addresses to prevent fraud and minimize losses.

• Users can contact Conexion.sk via the contact form or call center for order issues.

• The seller may use anonymized user activity data to improve services.

• In accordance with § 15(1)(b) ZnOOÚ, the seller processes personal data for the purposes described above.

12. Final Provisions

(1) The seller reserves the right to amend these General Terms and Conditions (GTC). Publication of changes on the seller’s e-shop website is considered written notification of such amendments.

(2) If the purchase contract is concluded in written form, any amendment to it must also be in writing.

(3) The contracting parties agree that communication between them will be conducted via email.

(4) For relationships not regulated by these GTC, the relevant provisions of the Civil Code, the Electronic Commerce Act, the Act on Consumer Protection in Distance Selling, Act No. 250/2007 Coll. on Consumer Protection and amendments to Act No. 372/1990 Coll. on Offenses, as amended, and Act No. 122/2013 Coll. on the Protection of Personal Data, as amended**, shall apply.

(5) Reservation regarding images and information:

• All product images are illustrative and may not exactly correspond to the actual product.

• All product information is taken from the official websites of manufacturers or suppliers and other publicly available sources.

• Product availability listed on the e-shop must be confirmed by the seller via email or phone.

• Product prices may change over time; the seller reserves the right to adjust prices, but the customer will be notified in advance via email for the specific order. The customer has the right to withdraw from the contract in the event of a price change.

(6) By submitting an order, the buyer confirms that they have read these General Terms and Conditions and fully agree with them.

In Bratislava, on 20.09.2022