Terms & Conditions

The terms specified in this article have the following meanings for the purposes of these Commercial Terms and Conditions and its Annexes:

Seller

Business name: alapalla, s.r.o.

The company is registered in the Commercial Register of the District Court Bratislava I, Section: Sro, File No. 123487/B

Registered Office: Mladoboleslavská 1/4880, 902 01 Pezinok, Slovakia
Company ID: 51 183 650
Tax ID: 2120616795
VAT ID: SK2120616795
Phone: 0800 500 933, +421 905 044 777
E-mail: info@alapalla.com

The Seller is also the operator of the online store www.alapalla.com“ (hereinafter also referred to as the “Online Store“).

Buyer

The Buyer is a natural person who does not act within its business, employment or profession when concluding and performing a consumer contract (hereinafter ale referred to as the “Consumer“).

Goods

All products currently offered for sale through the Online Store.

These General Commercial Terms and Conditions apply to distance purchase contracts concluded between the Buyer and the Seller through the Online Store. The purpose of these Commercial Terms and Conditions is to regulate the mutual rights and obligations of the Contracting Parties.

If the Consumer is the Contracting Party, the legal relationship not regulated by these General Commercial Terms and Conditions shall be governed by Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll., the Consumer Protection Act, and amending the Act of the Slovak National Council No. 372/1990 Coll., on Offences, as amended, and Act No. 102/2014 Coll., on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contracts, as amended.

If you would like to order our products as an entrepreneur (e.g. for resale or other commercial use), please contact us in advance at the above contact details. In this case, our mutual legal relationship will be governed by Act No. 513/1991 Coll., the Commercial Code, and individually concluded purchase contracts or other contracts.

The supervisory authorities for consumer protection are:

• Slovak Trade Inspectorate, with its registered office in Bratislava for the Bratislava Region, Prievozská 32, P.O.BOX 5, 820 07 Bratislava, Slovakia,
• Regional Public Health Authority Bratislava, Ružinovská 8, 820 09 Bratislava, Slovakia.

If you have any questions, please do not hesitate to contact us in writing at the address of our company’s registered office, by phone at 0800 500 933, +421 905 044 777 during business days (Monday to Friday, from 08:00 am to 6:00 pm) or via e-mail: info@alapalla.com.

The provisions of these General Commercial Terms and Conditions form an integral part of the purchase contract.

Communication (including the concluded purchase contract) is in the Slovak language.

Information about the Goods, including their prices, descriptions, ingredients and recommended applications are specified in the Online Store catalogue. All prices of the Goods are listed, including the statutory rates of value added tax (our company is a VAT payer). The prices valid when the Buyer places the order are binding on both Contracting Parties.

The Buyer’s costs associated with the use of distance communication means in connection with the conclusion of the purchase contract. These costs shall be borne by the Buyer.

You can order our products in two ways:

• using your customer account if you have created it (by registering)
• as a guest (without using the customer account).

When you order, select from the products listed in the relevant section of the Online Store: “Products”, “All Products” or “Gift Packaging”. The Goods can be ordered if it they are indicated as “Available”.

You can add the available products (in the required quantity) to the shopping cart using the “Add to cart” button. If you have a discount code, you can apply the discount by entering the discount code in the field “Discount code” in the shopping cart. If all the products you want are in the shopping cart, click on “Check and Order” to go to “Checkout”.

In the next step of the order in the “Checkout” section, you can choose (if you have not previously logged in to your account) whether you want to shop as a guest (without using a customer account) or use your customer account (a customer account simplifies the purchase process by pre-filling some of the order’s data).

If you choose to continue as a guest, your data will only be processed for the purposes necessary in the purchase contract. Then fill in the order’s required data (if it has not already been pre-filled when you order using your customer account).

If you do not have a customer account and want to create it during the order process, check the box below your billing information (“Create an account”) and enter a password. Keep your password safe, and do not disclose it to third parties (see Article 5 for more information about the customer account).

In the next step, select the required payment method for the Goods (for more details, see Article 6).

If you want to specify information about your order, you can do so in the field “Additional information” (e.g. more detailed information about the place of delivery, etc.).

Before confirming the “Order with Obligation to Pay” button, you can check your order and the data, or correct this data (errors – except factual errors – are detected and corrected through the platform in the order form; you can correct any errors without restriction). The Seller considers the data indicated in the order to be correct and binding. Send the order by pressing “Order with Obligation to Pay”. Once you have sent your order, you can no longer change your details or the order. If you discover any incorrect data after sending the order, please contact us at info@myalapalla.com and we will correct the incorrect data.

To send the order, you must complete all mandatory data in the order form and confirm that you have read and agreed with these General Commercial Terms and Conditions before sending it (by checking the appropriate box). Only then you can send the order (by pressing “Order with the Obligation to Pay”).

If the order has been sent correctly, you will be sent receipt of the order (including the order number and date of ordering) immediately after you send it. An order confirmation will also be automatically be sent to your e-mail address (entered when you complete the order form or pre-filled through your customer account). The moment of its delivery is the moment of acceptance of the order (i.e. acceptance of your proposal for concluding the purchase contract). The purchase contract between the Buyer and the Seller is concluded in this moment. The General Commercial Terms and Conditions valid as of the date of receiving the order and as amended, including its annexes and electronic invoice (PDF), are attached to the e-mail confirming receipt of the order receipt.

All confirmed orders are binding. You may cancel your order (by telephone or email using the contact details specified in Article 1) until you have received the order confirmation.

If the price of the Goods stated in the Online Store does not obviously correspond to its usual price (and it is not correctly indicated as discounted Goods) or is in obvious disproportion to the prices of the Seller’s other products, or the price of the Goods has been changed because of a technical error before or during ordering, the Seller is not obliged to deliver the Goods to the Buyer at this incorrect price. We will send you information about the incorrect price of the Goods (also stating its correct price) immediately after learning about this fact. You may then insist on the correct price of the Goods in your order or cancel the order.

After registration (which you can access through the Online Store’s homepage or when you order as a guest), you can begin using your customer account. The customer account simplifies the ordering process (by pre-filling some data in the order)

When you register your customer account, please provide correct and true information and keep it up to date.

Log in to the customer account using your e-mail and password. We recommend that you to keep your login details secure and not disclose them to third parties. We are not liable for any misuse of the customer account by a third parties.

You may cancel your customer account by requesting us to cancel it in writing (by post or e-mail). We may also cancel your account without your permission if you breach your obligations under the purchase contract or if we discover that your customer account has been misused.

The customer account may not be available during maintenance of our hardware and software or during maintenance of third party hardware and software.

6.1 When you order through the Online Store, you have the following payment options for the Goods:

cashless – using the universal payment method “CardPay”,
If you choose payment via the universal method “CardPay”, you will be redirected to the Tatra Banka website, (starting with https://moja.tatrabanka.sk). The process of filling in credit card data is always executed on the bank’s website. We do not have any access to your credit card data. After redirecting, you will see all details of the payment. Simply fill in the required credit card data and confirm the payment. After payment, you will be redirected back to the Online Store. More information about the above payment method can be found at https://www.tatrabanka.sk/sk/business/ucty-platby/shopping-zona/cardpay/.

In accordance with generally binding legal regulations, we will issue an appropriate invoice for each of your orders.

6.2 We will deliver the Goods to the address you specified in the order (place of delivery). The Goods will be delivered to you via the Carrier – GLS company. We have the right to change the contracted carrier at any time. You are obliged to take over the delivered Goods (unless specified otherwise below).

The delivery time is three (3) to seven (7) business days and begins from the moment an automated e-mail confirming receipt of the order is sent. The delivery time is considered fulfilled if the Goods are delivered to you on the last day of this specified period. Delivery time during some specific periods of the year, e.g. Christmas, can also be changed depending on the delivery options of the Carrier. If we cannot deliver the Goods within the specified delivery time, we will inform you of this fact without undue delay.

In case you are interested about changing your delivery address, please let us know as soon as possible. If you have already received an e-mail notification about the processing of your order, it is no longer possible to change the delivery address in our e-shop, but it is necessary to contact the Carrier, but only the day you receive an SMS or email notification from GLS about the delivery of the package on a specific delivery day.

If the first attempt to deliver the Goods is not successful, the Carrier’s courier will contact you by phone and agree on the next steps with you. If the subsequent attempt to deliver the shipment is also unsuccessful (or if the Carrier’s courier is unsuccessful in contacting you repeatedly), we have the right to withdraw from the purchase contract (due to breach of your obligation to take over the Goods). If you have used the payment using the universal payment method “CardPay”, the amount paid will be refunded to you. We would like to inform you that if the delivered Goods are not taken over, we may claim a compensation for damage caused as a result of this action (the damage consists mainly in shipping costs and packaging).

When taking the Goods over from the Carrier’s courier, we recommend that you to check whether the shipment’s package with the Goods and its contents are intact. If any damage to the shipment’s package is evident (or damage to the Goods), you are not obliged to take it over from the courier – in this case we recommend that you to write a damage report with the courier and take a photo if possible. Failure to follow this procedure may result in an evidentiary examination and possible rejection of your complaint. Please always notify us of a damaged shipment or damaged Goods immediately after learning about this fact.

The Goods are considered delivered at the moment of their receipt by the Buyer at the place of delivery. Ownership of the Goods passes to the Buyer when the purchase price for the ordered Goods is fully paid; if the Buyer pays the entire purchase price for the ordered Goods before its delivery, ownership passes to it by taking the Goods over at the place of delivery.

6.3 The shipping costs for the Goods to any address is 4.50 € incl. VAT in the Slovak Republic, 7.50 € incl. VAT in the Czech Republic. If the amount of your order exceeds 100 € incl. VAT in each individual case, you will not be charged the shipping costs (this does not apply to shipping the Goods outside the territory of the Slovak Republic or the Czech Republic).

The shipping costs to other countries will be displayed according to the selected country directly on the e-shop. If you would like to have the Goods delivered to a country other than those listed above, please contact us with your request before ordering the Goods (we will calculate the shipping costs of the Goods and notify you individually).

We are liable for any defects in the Goods upon their takeover by the Buyer and for defects identified after taking the Goods over during the warranty period (warranty). The warranty period established by Act No. 40/1964 Coll., the Civil Code, shall apply to the Goods. The warranty period is 24 months. If the expiry date is marked on the sold Goods, its packaging or the instructions attached to it, the warranty period shall not end before this expiry date. For Goods with a minimum shelf life, the warranty period is valid until that date. The warranty period begins upon receipt of the Goods by the Buyer (delivery of the Goods).

The period of exercising the right for liability for defects to the time when you were obliged to take over the Goods after repair is not included in the warranty period. If the Goods are replaced, the warranty period resumes after receiving the new Goods.

The rights arising from the liability for defects in the Goods under which the warranty period applies shall expire if they have not been exercised during the warranty period.

A change in the Goods that occurring during the warranty period due to wear and tear, mechanical damage (including accidental damage), incorrect use or incorrect intervention cannot be considered a defect.

If we offer you another free item (gift) for the sold Goods, it is your decision whether you accept the offered item (gift). However, the free item (gift) is not the sold Goods, and we are not liable for any defects (our liability for defects does not apply to this item).

You may exercise your rights for liability for any defects in the Goods:

• by sending the defective Goods to: alapalla, s.r.o., Pezinská 386, 902 01 Vinosady, Slovakia, + 421 905 044 777

You may exercise your rights for liability for defects (claims) during the warranty period. When you file a complaint, you are obliged to submit or send together with the defective Goods a duly completed (according to pre-print) complaint form (see Annex 1), a copy of the purchase document (a copy of the invoice), and a warranty card (if issued).

When you send the defective Goods to the Seller, we recommend that you to pack the Goods properly (e.g. box, bubble wrap) together with the required documents (complaint form, invoice, or warranty card)

If the defect can be repaired:

• The Buyer has the right to have the defect repaired in a timely and proper manner free of charge. The Seller is obliged to remedy the defect without undue delay.
• Instead of remedying the defect, the Buyer may request replacement of the Goods, or if the defect concerns only a part of the Goods, the replacement of the part if it does not result in disproportionate costs to the Seller considering the price of the Goods or severity of the defect.
• The Seller may always replace the defective Goods with a faultless items instead of remedying the defect if it does not create serious difficulties for the Buyer.

If the defect cannot be remedied and prevents the Goods from being used properly as faultless Goods, the Buyer has the right to replace the Goods or to withdraw from the contract. The Buyer shall have the same right even if the defects can be remedied although the Buyer cannot use the Goods properly because of a recurring defect after a repair or more defects occur. A recurring defect after repair is considered a condition when the same defect occurs for a third time after at least two previous attempts at repair. More defects are considered at least three different simultaneous remediable defects in the Goods, each which prevents the Buyer from properly using the Goods.

In the event of other irremediable defects, the Buyer is entitled to a reasonable discount on the price of the Goods.

If the Goods sold at a lower price or used Goods have a defect for which the Seller is responsible, the Buyer is entitled to a reasonable discount instead of the right to replace the Goods.

Based on which of the above rights you decide to exercise (after prior instruction), we will determine the method of handling the complaint immediately or within three (3) working days of the date of the complaint in complicated cases, and no later than thirty (30) daysafter the date of the complaint in justified cases, especially if a complicated technical evaluation of the condition of the Goods is required. After determining the method of complaint, the complaint will be handled immediately, but it may also be handled later in justified cases. Processing a complaint, however, may not exceed thirty (30) days from the date of the complaint (the day of delivering the defective Goods to our company). After expiry of the time limit for handling the complaint, you have the right to withdraw from the contract or you have the right to replace the Goods with new Goods.

We will issue you with a confirmation of complaint (a copy or counterpart of the complaint form). If you exercise the rights for the liability for defects in the Goods according to letter (a) above (in person at our store), the complaint form will be completed and its verified copy (counterpart) will be issued directly at the store. If you exercise the rights for the liability for defects in the Goods according to the letter (b) above (by sending the defective Goods to our registered office), we will deliver an acknowledged complaint without undue delay upon receipt of the defective Goods, but no later than together with the confirmation of handling the complaint, and if you provide an e-mail address in the complaint form, the confirmation and notification of handling the complaint will be sent to the specified e-mail address.

We are obliged to inform you of the result of the complaint. For this purpose, we will issue a written document within thirty (30) days of the date of the complaint.

If you file a complaint concerning the Goods within the first twelve (12) months of purchase, we may only reject the complaint on the basis of an expert opinion; regardless of the result of the expert opinion, you are not required to pay the costs of the expert opinion or other costs related to the expert opinion. We are obliged to provide you with a copy of the expert opinion justifying rejection of the complaint within fourteen (14) days of the date of handling the complaint.

If you file a complaint concerning the Goods within the first twelve (12) months of purchase and we reject it, we are obliged, in the document for the complaint handling, to state to whom you can send the Goods for an expert opinion. If the Goods are sent for an expert opinion to a designated person, the costs of the expert opinion and any other related costs incurred purposefully shall be borne by our company, regardless of the result of the expert opinion. If the expert opinion indicates our liability for the defect, you may file the complaint again; the warranty period does not lapse during the expert’s assessment. We are obliged to reimburse you for all costs incurred for an expert opinion and any related purposefully incurred costs within fourteen (14) days of the date of re-filing the complaint. A re-filed complaint may not be rejected.

The complaint procedure may not be initiated unless you prove that you have purchased the Goods from our company, i.e. you submit a copy of the purchase document of the Goods or the warranty card (if any) or other relevant document proving this fact.

The Consumer has the right to withdraw from the contract concluded via the Online Store within fourteen (14) days of receiving the Goods, without giving any reason. For purposes of withdrawal from the contract, the Goods shall be deemed to have been taken over when the Consumer or a third party designated by the Consumer, with the exception of the Carrier, takes over all parts of the ordered Goods, or if:

• the Goods ordered by the Consumer in a single order are delivered separately, from the moment of taking over the final part of the delivered Goods,
• the Goods consisting of several parts or items are delivered, from the moment of taking over the final part or final item,
• the Goods are delivered consecutively over a defined period, from the moment of taking over the first part of the delivered Goods.

The Consumer may also withdraw from the contract before the withdrawal period.

The Consumer (except for cases provided for in section 7, par. 6 of Act No. 102/2014 Coll. – the entire provision may be found here: https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2014/102/20160201) may not withdraw from a contract whose subject is:

• the sale of goods made according to the special requirements of the Consumer, tailor-made goods or goods intended for the one Consumer specifically,
• the sale of goods subject to quick deterioration or spoilage,
• the sale of goods sealed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been damaged after delivery.

You may exercise your right to withdraw from the contract in paper form or in the form of a record on another durable medium (e.g. via e-mail). To withdraw from the contract, you may use the template in Annex 2 attached hereto. We ask you to always attach the purchase document of the Goods (invoice, cash receipt) to a withdrawal from the contract. Please send us your withdrawal from the contract to:

• the address of our registered office specified in Article 1 or
• via e-mail to: info@alapalla.com.

The withdrawal period shall be deemed followed if you send your notice of withdrawal no later than on the last day of the period specified.

You are obliged to return the Goods (suitably packed) within fourteen (14) days of the date of withdrawal from the contract (or you can bring it in person by the specified deadline to our store at Hollého 4, 902 01 Pezinok, Slovakia – the store is located in the premises of the private aesthetic clinic INŠTITÚT ESTETICKEJ MEDICÍNY, s. r. o.). The above period shall be deemed followed if the Goods are handed over for transport no later than on the last day of the period specified.

After withdrawing from the contract, we will return to you all the payments we received from you in the contract which you withdrew from, i.e. the purchase price and the shipping costs of the Goods, within fourteen (14) days of receiving your notice of withdrawal. The payment shall be refunded in the same manner that you used to pay for the Goods, unless we agree on another method of refund (without charging any additional fees). The costs for returning the Goods to the Seller or a person authorized by the Seller to take over the Goods shall be borne by you (even if the Goods cannot be returned by post due to their nature).

Payment for the purchased Goods and all related payments will be refunded only after the returned Goods have been delivered to the registered seat of the Seller or after proof of sending the Goods to the registered office of the Seller is submitted (whichever occurs first).

To speed up and simplify the entire process of withdrawing from the contract, we ask you to return the Goods to us in the condition which you received them, i.e. undamaged, unused and clean, and in the original packaging, if possible. We would like to inform you that you are responsible for the deterioration of the Goods caused by handling the Goods in a manner that is beyond the scope of handling necessary to determine the properties and functionality of the Goods. We can make a claim against you for any damage to the Goods.

If you are not satisfied with how we have handled your complaint or if you believe that we have infringed your rights, you may contact us to seek redress (via e-mail to: info@alapalla.com). If we reject this request or if we do not respond to it within thirty (30) days of its submission, you have the right to file a motion to initiate an alternative dispute resolution with the body for alternative dispute resolution in accordance with Section 3 of Act no. 391/2015 Coll., on Alternative Consumer Dispute Resolution and on Amendments to Certain Acts (hereinafter also referred to as the “ADR Act“); the list of ADR entities is published on the website of the Ministry of Economic Affairs of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1“).

You may file a motion to initiate an alternative dispute resolution in paper form, electronically or verbally. To file the motion, use the form available from the website of the Ministry of Economic Affairs of the Slovak Republic and each ADR entity. You can also file the motion to initiate an alternative dispute resolution via the following online ADR platform – the platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

Alternative dispute resolution is the alternative dispute resolution body’s procedure in accordance with the ADR Act. The aim of the procedure is to achieve amicable settlement of the dispute between the parties to the dispute. Alternative dispute resolution only concerns a dispute between a Consumer and a Seller arising from or related to a consumer contract. Alternative dispute resolution by ADR bodies is free of charge. The ADR body may require the Consumer to pay a maximum fee of EUR 5 incl. VAT to initiate an ADR. Costs associated with the ADR shall be borne independently by each of the Parties to the dispute, without any possibility of reimbursement.

If, after thoroughly assessing all the findings and statements of the Parties to the dispute, it is clear that the Parties to the dispute want to reach amicable settlement, the ADR body will draw up a draft dispute resolution agreement. The agreement resulting from the ADR is binding on the Parties to the dispute; it shall be without prejudice to the possibility for the parties to the dispute to raise proceedings in the same matter. If the Parties to the dispute do not reach an agreement and the ADR body reasonably concludes on the basis of the facts it identifies in the ADR that the Seller has infringed the Buyer’s rights under applicable Consumer protection law, it shall terminate the ADR by issuing a non-binding reasoned opinion.

In the case of disagreements with our customers, we always attempt to find an amicable settlement. If you are not satisfied with any of our offers or our procedure, send us your inquiry, suggestion or complaint in writing or to the e-mail address: info@alapalla.com.

These General Commercial Terms and Conditions form an integral part of the purchase contract concluded between the Seller and Buyer and are binding on both Parties. The legal relationship established by the purchase contract shall be governed by provisions of the purchase contract (i.e. binding order and order confirmation, or the individually agreed conditions), the provisions of these General Commercial Terms and Conditions, and applicable legal regulations. The provisions of the purchase contract take precedence over the provisions of these General Commercial Terms and Conditions and the non-mandatory provisions of generally binding legal regulations. The Seller and the Buyer have agreed that the legal relationship established by the purchase contract which contains an international element shall be governed by the legislation of the Slovak Republic and that the courts of the Slovak Republic shall have jurisdiction over any dispute arising from this legal relationship (without prejudice to the option of initiating an alternative consumer dispute resolution.

The Seller reserves the right to unilaterally amend these General Commercial Terms and Conditions. Any amendments to these General Commercial Terms and Conditions shall become effective on the day of their publication on the website https://www.alapalla.com/. A legal relationship arising from the purchase contract shall always be governed by the General Commercial Terms and Conditions effective at the time of the binding order of the Goods.

These Commercial Terms and Conditions are valid and effective from 1 October 2018.

We wish you pleasant shopping experience in our Online Store and many joyful moments with our premium natural cosmetic products!

Annex 1: Complaint Form

Name and surname of the Buyer: …………………………………………………………………………………………

Address of the Buyer: ………………………………………………………………………………………………………….

Telephone: …………………………………………………………………………………………………………………………….

E-mail address: ……………………………………………………………………………………………………………..

Type of Goods:………………………………………………………………………………………………………………………

Date of purchase: …………………….. Price: ……………….. Order number: ………………….…………………….

Invoice number:……………………………………………………………………………………………………………………

Reason for complaint, description of the defect:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

Method the Buyer used to issue the complaint (if the complaint is proved justified):

………………………………………………………………………………………………………………………………………………….

Final resolution of the complaint (to be filled in by the Seller; the above information must be filled in immediately when the complaint is processed, or immediately after the defective Goods were delivered to the Seller, or only after a decision is made on the complaint according to an expert opinion):

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Signature of the Buyer: …………………….

Signature of the Seller (or responsible employee): …………………….

Annex 2: Withdrawal Form

(complete and send this form only if you wish to withdraw from the contract)

Addressee: alapalla, s.r.o., Mladoboleslavská 1/4880, 902 01 Pezinok, Slovakia, E-mail: info@myalapalla.com

I hereby declare that I am withdrawing from the purchase contract for the Goods ………………………… ordered according to order numberorder No.: ………………………. on: ……………………..

Name and surname of the Buyer: ………………………………………………………………………….

Address of the Buyer: …………………………………………………………………………………………

In the case of cash on delivery, I agree to transfer the funds to the bank account IBAN: ……………………………………………………………………………………………

Signature of the Buyer …………………….. (only if the form is submitted in paper form)

Date: ……………………..