Oficálne spustenie 2.4.2025
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Terms and conditions - complaints procedure

GENERAL TERMS AND CONDITIONS

 

 

These General Terms and Conditions ("Terms and Conditions") govern the rights and obligations of You as a buyer and Us as a seller or merchant within the framework of contractual relationships concluded through distance communication, specifically through the E-shop on the website www.orientsun.sk

All information about the processing of your personal data is contained in the principles of personal data processing, which can be found here:GDPR

As you surely know, we communicate primarily remotely. Therefore, it is also true for our Contract that means of distance communication are used, which allow us to agree together without the simultaneous physical presence of Us and You.

If any part of the Terms and Conditions contradicts what We have jointly agreed to as part of the process of Your Order on Our Online Shop, that particular agreement shall prevail over these Terms.

  1. SOME DEFINITIONS
    • Digital fulfillment is everything that you can purchase on the E-shop through the conclusion of a Contract for the provision of digital fulfillment and at the same time consists of data created and delivered in digital form or a digital service that allows you to create, process, store data in digital form or access this data.
    • The Price is the amount of money you will pay for the Goods;
    • The Shipping Price is the amount of money you will pay for the delivery of the Goods, including the cost of packing, shipping, postage or other charges;
    • The total price is the sum of the Price and the Transport Price, any other costs and charges, if these could not be determined in advance;
    • VAT is a value added tax under applicable law;
    • E-shop is an online store operated by Us at the address orientsun.sk where the purchase of Goods will take place;
    • An invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
    • We are the company Slavomír Janetka, with its registered office at Kukučínova 2804/103B, Kysucké Nové Mesto 024 01, ID 56756194 registered in the Commercial Register maintained by the District Office of Žilina - Trade Register number 580-82247 , e-mail info@orientsun.sk , phone number +421910867851, referred to by law as the seller and/or trader; For the avoidance of doubt, we are not operators of the online marketplace, and therefore we are not persons who operate and provide the Online Marketplace to Consumers, even through a third party, and therefore we are not subject to special information obligations under Sections 16 and 17 of the Consumer Protection Act.
    • Order is Your irrevocable proposal to conclude a Contract for the Purchase of Goods with Us;
    • An entrepreneur is a person registered in the Commercial Register, doing business on the basis of a trade license, doing business on the basis of a trade license other than a trade license under special regulations, or a person who performs agricultural production and is registered in the register according to a special regulation.
    • A consumer is a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business activity or other business activity.
    • Consumer Sales Contract is a sales contract concluded between the Trader as the Seller and the Consumer as the Buyer if the subject of the purchase is any movable item, including an item with digital elements, water, gas or electricity sold in a limited volume or in a specified quantity, even if the item is yet to be manufactured or manufactured, including but not limited to the specifications of the Consumer as the Buyer.
    • Goods are everything that you can purchase on the E-shop, including movable Goods containing Digital Content or Digital Services;
    • User Account is an account created on the basis of the data provided by you, which allows the storage of the entered data and the storage of the history of the ordered Goods and concluded contracts, or the access and use of the Digital Content supplied under the Contract for the provision of digital performance;
    • You are a person purchasing on Our E-shop, referred to by law as a buyer. If you provide your identification number (IČO) in the order, you acknowledge that the provisions of these Terms and Conditions, which are specifically intended for Entrepreneurs, as well as the terms of mutual agreement between us, will apply to you, while you are still entitled to full protection against unfair and aggressive business practices and against misleading acts and misleading omissions within the limits of relevant legal regulations;
    • The Contract is a purchase contract agreed on the basis of a duly completed Order sent through the E-shop, and is concluded at the moment when you receive an Order confirmation from Us. A contract is also a contract for the purchase of an item with digital elements and a contract for the provision of digital performance. In the event that these Terms refer in their individual parts or individual points separately to a contract for the purchase of an item with digital elements or to a contract for the provision of digital performance, such special regulation applies only to the Goods and/or Digital Supply provided on the basis of the given contract type.
    • Distance Contract is a contract between the Trader and the Consumer agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the Trader and the Consumer, in particular by means of an online interface, e-mail, telephone, fax, address letter or offer catalogue (the "Contract").
    • The Civil Code is the Slovak Act No. 40/1964 Coll., as amended.
    • The Consumer Protection Act is the Slovak Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts.
  2. GENERAL PROVISIONS AND INSTRUCTIONS
    • The purchase of Goods is only possible through the web interface of the E-shop.
    • When purchasing Goods, it is Your responsibility to provide Us with all information correctly, completely and truthfully. We will therefore consider the information You have provided to Us when ordering the Goods to be correct, complete and true.
  3. CONCLUSION OF THE CONTRACT
    • A contract with Us can only be concluded in the Slovak language.
    • The Contract is concluded remotely via the E-shop, while the costs of using the means of communication that you use when concluding the Distance Contract are covered by you. These costs do not increase the Total Price of the Goods, nor do they differ in any way from the basic rate you pay for the use of these means (i.e., in particular, for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, you agree to the use of remote means of communication.
    • In order for us to conclude the Contract, it is necessary for you to create a draft Order on the E-shop. The following information must be included in this proposal:
      1. Information about the purchased Goods (on the E-shop, you mark the Goods you are interested in purchasing with the "Add to Cart" button);
      2. Information about the Price, Shipping Price, VAT, the method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user environment of the E-shop, while the information about the Price, Shipping Price, VAT and Total Price will be automatically provided by Us in the Order proposal based on the Goods selected by You and the method of their delivery;
      3. Your identification data used to enable us to deliver the Goods, in particular to the extent of name, surname, delivery address, telephone number and e-mail address;
    • During the creation of the draft Order, you can change and control the data until it is created.
    • After performing the check, by pressing the "Order with payment obligation" button, you will create the Order. However, before pressing the button, you must confirm that you have properly read the Terms and Conditions and that you agree to them, otherwise it will not be possible to create an Order. A checkbox is used for confirmation and consent. After pressing the "Order with Payment Obligation" button, all completed information will be sent directly to Us.
    • We will confirm Your Order to You as soon as possible after it is delivered to Us by sending a message to Your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract between Us and You is concluded. The Terms and Conditions in force on the date of the order form an integral part of the Contract.
    • There may also be cases where we will not be able to confirm your Order. This is especially the case when the Goods are not available or cases where you order a larger number of Goods than is allowed by us. However, we will always provide you with information about the maximum number of Goods within the E-shop in advance and should not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such a case, the contract is concluded at the moment when You confirm Our offer.
    • In the event that an obviously incorrect Price is stated within the E-shop or in the Order proposal, especially as a result of a technical error, we are not obliged to deliver the Goods to you for this Price even if you have received a confirmation of the Order, and thus the Contract has been concluded. In such a situation, we will contact you immediately and in such a case we will be entitled to withdraw from the Contract, and we will send you this withdrawal from the Contract together with an offer to conclude a new Contract in a changed form compared to the Order. In such a case, the new Contract is concluded at the moment when You confirm Our offer. In the event that You do not confirm Our offer within 3 days of its sending, We are entitled to withdraw from the concluded Contract. An obvious error in the Price is, for example, considered to be a situation where the Price quite clearly does not correspond to the usual price at other sellers at the time of creating the Order or is quite obviously missing or an additional digit is specified in the Price.
    • In the event that the Contract is concluded, you are obliged to pay the Total Price.
    • If you have a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the correctness, truthfulness and completeness of the previously completed data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that there is no need to repeatedly fill in your identification data.
    • In some cases, we allow you to use a discount on the purchase of Goods. In order to receive a discount, it is necessary that you fill in the details of this discount in the predetermined field as part of the Order proposal. If you do so, the Goods will be provided to you at a discount.
  4. USER ACCOUNT
    • Based on your registration within the E-shop, you can access your User Account.
    • When registering a User Account, it is your responsibility to provide all entered data correctly and truthfully and to update them in the event of a change.
    • Access to the User Account is secured by a username and password. With regard to this access data, it is your duty to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we do not take any responsibility for it.
    • The user account is personal and you are therefore not entitled to allow its use by third parties.
    • We may cancel your User Account, in particular if you do not use it for more than 2 years , after your withdrawal from the Agreement or in the event that you breach your obligations under the Agreement.
    • The user account may not be available at all times, in particular with regard to the necessary maintenance of hardware and software equipment.
  5. PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE
    • The price is always stated within the E-shop, in the draft Order and in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price specified in the Order proposal shall apply, which will always be identical to the price in the Contract. The draft Order also states the Price for Shipping, or the conditions when the Shipping is free.
    • The total price according to point 1.4 includes VAT, including all fees stipulated by special legislation.
    • We will require payment of the Total Price from you after the conclusion of the Contract and before handing over the Goods. You can pay the Total Price in the following ways:
      1. By bank transfer. We will send you information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 15 days.
      2. By card online. In this case, the payment takes place through the Shoptet Pay payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: Shoptet Pay Support. In the case of online card payment, the Total Price is due within 72 hours.
      3. Cash on delivery. In such a case, payment will be made upon delivery of the Goods as opposed to the handover of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.
      4. In cash for personal collection. It is possible to pay in cash for the Goods in the event of collection at Our establishment(s), the list of which is available on Our website. In the case of payment in cash for personal collection, the Total Price is payable upon receipt of the Goods.
    • The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address specified in the Order. The invoice will also be physically attached to the Goods and available in the User Account, if you have one.
    • Ownership of the Goods passes to you only after you have paid the Total Price and the Goods have been delivered to you. In the case of payment by bank transfer, the Total Price is paid by crediting the funds to Our account, in other cases it is paid at the time of payment.
  6. DELIVERY OF GOODS, PASSING THE RISK OF ACCIDENTAL DESTRUCTION AND ACCIDENTAL DETERIORATION AND LOSS OF THE OBJECT OF PURCHASE
    • The goods will be delivered to you in the manner of your choice, and you can choose from the following options:
      1. Personal collection at Our establishment(s), a list of which is available on Our website;
      2. Personal collection at Packeta pick-up points;
      3. Delivery via transport companies Slovak Post, PPL SK, DHL, Packeta.
    • Goods can only be delivered within the Slovak Republic.
    • We are obliged to deliver the goods to you without delay, but no later than within 30 days from the date of conclusion of the Contract, unless we agree otherwise. The goods are delivered at the moment when you take them over or are taken over by a person designated by you, or when we hand them over to a carrier commissioned by you outside of the transport options we have offered you. If the Goods require assembly or installation by Us, the Goods shall be deemed to have been delivered only upon completion of the assembly or installation. Goods with digital elements are considered to have been delivered at the moment when the relevant digital content or digital service is made available to you for download and installation, or if it is a continuous supply of digital content or the provision of a digital service for an agreed period of time, at the moment when it begins to be made available to you.
    • During the performance of the Contract, such facts may occur that will affect the delivery date of the Goods ordered by you. We will immediately inform you by e-mail about the change in the delivery date and the new expected delivery date of the ordered Goods, while your right to withdraw from the Contract is not affected by this. Our notification of the new date of delivery of the Goods also includes Our request addressed to you to express whether you insist on the delivery of the Goods ordered by you on the new date. In the case of personal collection at Our establishment, We will always inform You about the possibility of picking up the Goods via e-mail or SMS, or both.
    • When taking over the Goods from the carrier, it is Your responsibility to check the integrity of the packaging of the Goods and in the event of any damage, immediately notify the carrier and Us. In the event that the packaging has been damaged, which indicates unauthorized manipulation and entry into the shipment, it is not your obligation to take over the Goods from the carrier.
    • You are obliged to pick up the goods at the agreed place and time. If you do not pick up the delivered Goods in accordance with the previous sentence, we will notify you by e-mail where you can pick up the Goods, including the deadline for their collection, or we will re-deliver the Goods to you on the basis of your written request sent no later than 14 days from when you were supposed to take over the Goods, whereby you undertake to reimburse us for all costs associated with the re-delivery of the Goods at your request. In the event that You breach Your obligation to accept the Goods, except as provided in clause 6.4 of these Terms, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that You do not accept the Goods is not a reason to withdraw from the Contract between Us and You. If You do not accept the Goods even within the additional period, We have the right to withdraw from the Contract due to Your material breach of the Contract. If we decide to exercise the right in question, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to compensation for the damage incurred in the amount of the actual costs of attempting to deliver the Goods at your request, or any further claim for damages, if any.
    • If, for reasons arising on Your part, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, You are obliged to reimburse Us for the costs associated with this repeated delivery at Your request. Payment details for the payment of these costs will be sent to your e-mail address specified in the Contract and are payable within 14 days of receipt of the e-mail.
    • The risk of accidental destruction, accidental deterioration and loss of the Goods passes to you at the moment of delivery of the Goods. In the event that you do not accept the Goods or refuse to accept them, except in the cases referred to in clause 6.4 of these Terms and Conditions, you are at risk of accidental destruction and accidental deterioration and loss of the Goods at the time when you had the opportunity to accept them, but for reasons on your part the acceptance did not take place. The passing of the risk of accidental destruction and accidental deterioration and loss of the Goods means that from that moment on, you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
  7. RIGHTS ARISING FROM LIABILITY FOR DEFECTS
    • Introductory Provision on Liability for Defects
      • If you are an Entrepreneur, we undertake to deliver the Goods to you in the agreed quality, quantity and without defects.
      • If you are a Consumer, We undertake to deliver the Goods to You in accordance with the general requirements under Section 617 of the Civil Code and the agreed requirements under Section 616 of the Civil Code presented by the characteristics of the Goods ordered by You on Our E-shop or on Our promotional materials in relation to the Goods delivered, and without defects. The goods do not have to comply with the general requirements of Section 617 of the Civil Code if, when concluding the Contract, we expressly informed you that a certain feature does not correspond to such general requirements and you expressly and specifically agreed to this.
      • Sold Goods are in accordance with the general requirements under Section 617 of the Civil Code if:
  1. it is suitable for all the purposes for which Goods of the same type are normally used, taking into account, in particular, the legislation, technical standards or codes of conduct applicable to the relevant sector, if technical standards have not been developed;
  2. it corresponds to the description and quality of the sample or model that we made available to you prior to entering into the Agreement;
  • c) it is supplied in quantity, quality and with features including functionality, compatibility, safety and the ability to maintain its functionality and performance (lifespan) under normal use, which are common for Goods of the same type and which you can reasonably expect in view of the nature of the Goods sold, taking into account any public statement by us or a public statement by another person in the same supply chain, including the manufacturer;  or on their behalf, in particular when promoting the Goods or on their labelling, whereby the manufacturer is considered to be the manufacturer of the Goods, the importer of the Goods on the European Union market from a third country or another person who identifies himself as the manufacturer by placing his name, trademark or other distinctive sign on the Goods. We are liable for defects that the Goods have during their delivery to the extent of Our obligation set out in clause 7.1.1 or 7.1.2 of these Terms.
  • If you are an Entrepreneur, we are not liable for defects in the Goods in the following cases:
    • if you were informed about the existing defects or you should have known about the defects based on the circumstances of the conclusion of the Contract and these defects are not in conflict with the agreed characteristics of the Goods;
    • if the defects of the Goods arose after You took over the Goods, provided that the defects were not caused by a breach of Our obligations or You had the opportunity to take over the Goods pursuant to Article 6 of these Terms and Conditions and You refused to accept the Goods without legal grounds or You did not accept the Goods;
    • if you have not pointed out obvious defects in the Goods in a timely manner pursuant to Article 7.3.1 of these Terms and Conditions;
    • if you have not pointed out hidden defects in the Goods in time pursuant to Article 7.3.2 of these Terms and Conditions;
    • for used Goods, we are not responsible for defects resulting from their use or wear and tear. In the case of Goods sold at a lower price, we are not responsible for defects for which a lower price has been agreed.
  • If you are a Consumer, we are not liable for defects and features of the Goods in cases where:
    • you have not reproached the defects of the Goods in a timely manner within the period specified in clause 7.4.1 of these Terms and Conditions;
    • the characteristics of the Goods do not correspond to the general requirements under Section 617 of the Civil Code, and you have been clearly informed by Us in writing of this fact and you have specifically expressed your express written consent to the said non-compliance;

it is a contract for the purchase of Goods with digital elements or a contract for the provision of digital performance

  • and defects in the Goods have arisen as a result of improper installation or failure to install the necessary updates, if we have arranged for you to receive such updates, informed you of their availability and the consequences in case you do not install them;
  • and the failure to install or improper installation of necessary updates, as a result of which defects in the Goods arose, was not caused by deficiencies in the instructions provided by Us for their installation;
  • The general warranty period is 24 months. The warranty period begins from the moment of receipt of the Goods by you.
  • If the Goods are replaced, the warranty period will start again from the receipt of the new Goods by you.
  • Your rights from liability for defects of the Goods for which the warranty period applies will be extinguished if you do not exercise them within the warranty period. However, you must assert your perishable Goods liability rights no later than the day following purchase, otherwise your rights will be extinguished.
  • The sold Goods are defective if they do not comply with the agreed requirements and general requirements according to the points above or if their use is prevented or restricted by the rights of a third party, including intellectual property rights. We warrant that at the time of the passage of the risk of accidental destruction and accidental deterioration and loss of the Goods under clause 6.8 of the Terms and Conditions, the Goods are free from defects, in particular that:
    1. corresponds to the description, type, quantity and quality and has characteristics that we have agreed with you and, unless expressly agreed, those that we have stated in the description of the Goods, or those that can be reasonably expected due to the nature of the Goods;
    2. it is suitable for the purposes specified by us or for the purposes customary for Goods of this type and is functional;
    3. it is characterized by a defined ability to work with hardware or software with which Goods of the same type are commonly used, without the need to change the Goods, hardware or software sold (compatibility) and a defined ability to work with hardware or software different from those with which Goods of the same type are commonly used (interoperability);
    4. it is supplied with all accessories and instructions, if agreed with you in the Contract;
    5. the updates defined in the Agreement are delivered in the case of Goods with digital elements.

 

  • Conditions for exercising the right of liability for defects (complaints) especially for Entrepreneurs
    • It is your obligation to report and complain about the defect without undue delay after you could have discovered it, but no later than 3 days from the receipt of the Goods.
    • You are obliged to exercise the right of liability for other defects (hidden) in the manner set out in clause 7.5.1 below without undue delay after you have discovered the defect in the Goods, but no later than until the expiry of the warranty period.
    • If the Goods are delivered to you in damaged or damaged packaging or the shipment is clearly too light, we ask you not to accept such Goods from the transport company and to notify us of this fact immediately by phone at +421 910 867 851 or by e-mail at info@orientsun.sk . In the event of discovering obvious defects (e.g. mechanical damage), you are obliged to file a complaint without undue delay in the manner referred to in point 7.5.1 below. We will not take into account a complaint made later due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.
    • The warranty covers all defects of the Goods described in clause 7.2.. and/or contrary to our commitment in clause 7.1.1a. of these Terms.
    • You are not entitled to exercise the right of liability for a defect in the event that we are not liable for the defects in accordance with clause 7.1.5 of these Terms and Conditions or according to the legislation in force and effective at the time of concluding the Contract, or if you knew about the defect before receiving the Goods, or we warned you about it or you were provided with a reasonable discount on the Price of the Goods for this reason.
  • Conditions for exercising the right of liability for defects (complaints) separately for Consumers
    • You are entitled to exercise your rights from liability for defects that occur with the received Goods within 2 months of discovering the defect, but no later than 24 months from the delivery of the Goods. If the subject of the purchase is Goods with Digital Elements, for which the Digital Content or Digital Service is to be provided continuously for the agreed period, we are responsible for any defect in the Digital Content or Digital Service that occurs or manifests itself throughout the agreed period, but at least for 2 years from the delivery of the Goods with Digital Elements.
    • If the Goods are delivered to you in broken or damaged packaging or the shipment is obviously too light, we recommend that you do not accept such Goods from the transport company and that you immediately notify us of this fact by calling +421 910 867 851 or by e-mail at info@orientsun.sk . If you decide to accept such a shipment, you must inspect the shipment in the presence of the carrier to ensure that no items of Goods are missing and that all items of the Goods are in order. If you find, during the inspection of the shipment according to the previous sentence, that the condition or number of items of the ordered Goods is not in accordance with what you ordered, we recommend that you write a Record of Shipment Damage with the carrier or complain about such a deficiency in the carrier's acceptance protocol.
    • In the event of additional discovery of obvious defects after receipt of the Goods (e.g. mechanical damage, missing Goods or their items, incorrect Goods or their items), we ask you to file a complaint without undue delay in the manner referred to in point 7.5.1 below. We are entitled to reject a complaint made later due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.
    • You are not entitled to exercise the right of liability for defects in the event that we are not liable for defects in accordance with clause 7.1.6 of these Terms and Conditions or according to the legislation in force and effective at the time of conclusion of the Contract.
    • You are entitled to exercise the right of liability for defects in the manner specified in clause 7.5.1 and within the period specified in clause 7.4.1 of these Terms and Conditions.
  • Exercising the right of liability for defects (complaints)
    • In the event that the Goods have a defect, i.e. in particular if any of the conditions under Clause 7.1 7.. are not met, You may notify Us of such a defect and exercise your rights from liability for defects (i.e. complain about the Goods) by sending an e-mail or a letter to Our addresses listed next to Our identification data, or in person at Our establishment(s), the list of which is available on Our website. For a complaint, you can also use the sample form provided by Us, which forms Appendix No. 1 to these Terms and Conditions.
    • In your notification by which you are filing a complaint, please include, in particular, a description of the defect of the Goods and your identification data, including the e-mail to which you are interested in receiving notification of the method of handling the complaint, and also state which of the claims from liability for defects, specified in points .7.6.3 to .6.8., you are asserting.
    • When making a complaint, please also submit to us a proof of purchase of the Goods (invoice) in order to prove their purchase from us, otherwise we are not obliged to accept your complaint.
    • The day of filing the complaint is considered to be the day of delivery of the defective Goods together with the relevant documents (according to point 7.5.3). In the event that your submission by which you are filing a complaint is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will request you to complete the submitted complaint in writing, especially by e-mail. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.
    • When we receive your complaint or your amendment to the submitted complaint, we will immediately issue you a written confirmation of receipt of the complaint, or a confirmation of the defect. In the confirmation, we will specify the shortest possible period determined in accordance with point 7.6.1., within which we will remove the complained defect of the Goods.
    • If You do not complete the submitted complaint pursuant to Clause 7.5.4 of this Article without undue delay, no later than 10 days from the date of delivery of Our Request pursuant to Clause 7.5.4 of this Article, We will consider Your submission to be unfounded and if the required missing information that You have been asked to complete is necessary for the settlement of the complaint, We may decide not to deal with such an incomplete complaint.
  • Complaint handling
    • On the basis of your decision which of the methods of removing the defect specified in points 7.6.3 and 7.6.4 to 7.6.8 you apply, we will remove the defect within a reasonable period of time that we need to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and severity of the defect, and which will not exceed 30 days from the date of filing your complaint or from the date of complaining about the defect. We do not provide a consumer warranty under Section 626 of the Civil Code. . We are not obliged to accept the method of removal of the defect chosen by you if the method chosen by you is not possible or would cause us unreasonable costs, taking into account the Price of the Goods and the severity of the defect.
    • Only in exceptional cases and for objective reasons can we extend the deadline for the removal of the defect specified in the confirmation of receipt of the defect complaint by the most beautiful time necessary to remove the defect. We will inform you in writing about such an extension of the deadline for removing the defect.
    • If it is a defect that we can remedy by repairing it, you have the right to have the defect repaired free of charge, in a timely manner and properly at Our expense.
    • Instead of removing the defect by repairing it, you may request a replacement of the Goods.

 

  • Instead of removing the defect of the Goods by repairing it, we can always replace the defective Goods with a faultless one, unless this causes you serious difficulties.
  • After the expiry of the period for remedying the defect, you are entitled to a reasonable discount on the Price of the Goods or you can withdraw from the Contract. You also have the same rights in cases where we fail to repair the defect or replace the Goods, refuse to repair or replace the Goods because repair or replacement is not possible or would require unreasonable costs, the Goods continue to have the same defects despite their repair or replacement, or we inform you that the defect cannot be repaired or replaced within a reasonable period of time or without causing you serious inconvenience. The discount on the purchase price must be proportionate to the difference between the value of the Goods sold and the value that the Goods would have had if they were free of defects. We will pay you the purchase price or the payment of a discount on the purchase price in the same way as you used to pay the purchase price, unless we expressly agree on a different method of payment. All costs associated with payment are borne by us.

You may not withdraw from the Agreement pursuant to clause 7.6.6 if you were involved in the occurrence of the defect or if the defect is negligible. If the Contract relates to more than one Goods, you may withdraw from the Contracts only in relation to the defective Goods. You may withdraw from the Contract in relation to other Goods only if it cannot reasonably be expected that you will be interested in retaining the other Goods free of defective Goods.

  • If there is a defect in the Goods that cannot be removed and which prevents you from being able to properly use the Goods as Goods without defects, you have the right to have the Goods replaced or you have the right to withdraw from the Contract. You have the same rights if the defects are removable, but you cannot properly use the Goods due to the recurrence of the defect after repair or due to a large number of defects.
  • We will settle your complaint or complaint about the defect by handing over the repaired Goods, replacing the Goods, paying a reasonable discount on the Price of the Goods, or by a written reasoned refusal of liability for defects, i.e. by rejecting your complaint.
  • If you are a Consumer, the exercise of rights arising from liability for defects of the Goods is governed by the provisions of Section 619 et seq. of the Civil Code and the Consumer Protection Act. č. “).
  • If We refuse liability for defects or reject Your complaint, You have the right to contact an accredited person, authorized body or notified body (e.g. an expert, authorized, accredited or notified body, authorized service, scientific institution, etc.) to provide You with an expert opinion or expert opinion to prove Our liability for defects in the Goods.
  • In the event that you prove our liability for defects of the Goods according to point 7.8., you have the opportunity to repeatedly reproach us for the defects of the Goods, and it is true that we cannot refuse this liability and therefore we will be obliged to deal with your complaint again.
  • The costs related to obtaining an expert opinion or expert opinion pursuant to Clause 7.8 of these Terms and Conditions shall be borne by Us, but you must claim them with Us no later than 2 months after the re-complaint has been settled.
  • We have hereby duly instructed you about your rights related to the application of liability for any defects in the Goods.  By concluding the Contract, you confirm that you had the opportunity to read the terms and conditions of the complaint of the Goods in advance and properly and understand them.

 

  1. WITHDRAWAL
    • Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and you from its beginning, may occur for the reasons and in the ways specified in this Article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
    • If you are a Consumer, in accordance with the provision of Section 20 of the Consumer Protection Act, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of receipt of the Goods, or the conclusion of the Contract the subject of which is the provision of a service, or concluding a Contract for the supply of digital content that we deliver other than on a tangible medium. In the event that we have concluded a Contract the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of receipt of the last part of the Goods, and in the event that we have concluded a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly, it begins on the day of receipt of the first delivery. You may withdraw from the Agreement in any demonstrable way (in particular, by sending an e-mail or letter to Our addresses specified next to Our identification data in the Terms and Conditions). For withdrawal, you can also use the model form provided by Us, which forms Appendix No. 2 to the Terms and Conditions. You are entitled to withdraw from the Contract even in relation to a specific Goods or Goods if we have supplied or provided more than one Goods under the Contract. The effects of withdrawal from the Contract also apply to any additional contract to the Contract, if any, unless we expressly agree otherwise. Upon receipt of the notice of withdrawal from the Contract, we will immediately provide you with our confirmation of its delivery by e-mail or on a durable medium.
    • In the event that you are a Consumer and We do not deliver the Goods to You on time, You are entitled to withdraw from the Contract even without providing an additional reasonable period of time pursuant to Section 517 (1) of the Civil Code, if (i) We refuse to deliver the Goods to You, (ii) timely delivery was extremely important with regard to all the circumstances of the conclusion of the Contract, (iii) You informed Us before concluding the Contract that timely delivery is extremely important.
    • However, even as a Consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
      1. provision of the service, if the service has been fully provided and the provision of the service has begun before the expiry of the withdrawal period with your express consent, and at the same time you have declared that you have been duly instructed that by expressing your consent, you lose the right to withdraw from the Contract after the full provision of the service, if you are obliged to pay the Price under the Contract;
      2. the sale of Goods, the Price of which depends on the movement of prices on the financial market, which we cannot influence and which may occur during the withdrawal period;
      3. the sale of alcoholic beverages, the Price of which was agreed at the time of concluding the Contract, the delivery of which can be carried out after 30 days at the earliest and their Price depends on the movement of prices on the market, which we cannot influence;
      4. selling Goods that have been made to your specifications or that have been custom-made for you;
      5. the sale of Goods that are subject to rapid deterioration or perishability and Goods that have been inextricably mixed with others after delivery;
      6. the sale of Goods enclosed in protective packaging, which are not suitable for health protection or hygienic reasons and whose protective packaging has been broken after delivery;
      7. sale of sound recordings, video recordings, audiovisual recordings or software sold in protective packaging, if the original packaging has been damaged after delivery of the Goods;
      8. the sale of periodicals, with the exception of sales under a subscription agreement;
      9. Delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period and We have informed you that you do not have the right to withdraw from the Contract.
    • The withdrawal period pursuant to Article 8.2 of the Terms and Conditions shall be deemed to have been complied with if You send Us a notice of withdrawal from the Contract within the course of the period (but no later than on the last day of the Agreement).
    • In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the date of delivery of the notice of withdrawal to your bank account from which it was credited, or to your bank account selected in the withdrawal from the Contract. However, the amount will not be refunded until You return the Goods to Us or prove that they have been sent back to Us. Please return the goods to us unopened – in the case of perfumes and other products and clothing undamaged and in the original original packaging.
    • In the event of withdrawal from the Contract pursuant to Article 8.2 of the Terms and Conditions, You are obliged to send the Goods to Us within 14 days of withdrawal, hand over the Goods to Us or a person authorized by Us to take over the Goods, while you bear the costs of returning the Goods to Us. This does not apply if We agree to collect the Goods in person or through a person commissioned by Us. The deadline is observed if the Goods were handed over for transport no later than on the last day of the deadline. You, on the other hand, are entitled to a refund of the Shipping Price, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods. The first sentence of this point also applies to the return of the tangible medium on which the Digital Supply was delivered to you under the Contract for the Provision of Digital Performance. After your withdrawal from the Digital Fulfillment Contract, we are also entitled to prevent you from further use of the Digital Fulfillment, in particular by restricting access to the Digital Fulfillment or canceling your user account. If the subject of the Contract from which You withdraw is the provision of a service, You are obliged to pay Us the Price for the performance actually provided by the date of delivery of the notice of withdrawal from the Contract, if You have given your explicit consent to the commencement of the provision of the service before the provision of performance.
    • You are liable for damage in cases where the Goods are damaged as a result of your handling of them differently than is necessary with regard to their nature and characteristics. In such a case, We will charge You for the damage caused after the Goods are returned to Us and the due date of the billed amount is 14 days.
    • We are entitled to withdraw from the Contract due to stocks being sold out, unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Contract has interrupted production or made significant changes that have made it impossible to perform Our obligations under the Contract or for reasons of force majeure, or if even after making all Our efforts that can be fairly required of Us, We are not able to deliver the Goods to You within the period specified in these Terms. In these cases, we are obliged to inform you of this fact without undue delay and return to you the already paid Total Price for the Goods, within 14 days from the date of notification of withdrawal from the Contract. We will refund the Total Price paid to you for the Goods in the same way as you paid the Total Price, without prejudice to the right to agree with you on another method of refund if you are not charged any additional fees in connection with this.
    • We are entitled to withdraw from the Contract even if you have not received the Goods within 5 working days from the day on which you were obliged to accept the Goods.
  2. SUBMISSION OF SUGGESTIONS AND COMPLAINTS
    • As a Consumer, you are entitled to submit suggestions and complaints in writing, via e-mail to: slavomir@gmail.com
    • We will inform you about the assessment of the complaint or complaint by e-mail sent to your e-mail.
    • The supervisory authority is mainly the Slovak Trade Inspection (SOI), SOI Inspectorate for the Žilina Region, with its registered office: Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1 at no. 041/763 21 30, 041/724 58 68
    • If you are not satisfied with the handling of your complaint or complaint, you can also submit a complaint electronically via the platform available on the https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi website.
  3. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS
  4. FINAL PROVISIONS
    • All written correspondence will be delivered to you by e-mail. Our e-mail address is provided next to Our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you have contacted us.
    • The contract can only be changed on the basis of our written agreement. However, we are entitled to amend these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. However, we will inform you about the change only if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give rise to the right of termination, as we do not have a Contract that could be terminated), or we are supposed to deliver Goods to you regularly and repeatedly on the basis of the Contract. We will send information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive a notice of termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new terms and conditions become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period if you give notice is 2 months.
    • In the event of force majeure or events that cannot be predicted (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure or unforeseeable events, and if this situation lasts for more than 10 days, We and you have the right to withdraw from the Contract in writing.
    • An integral annex to the Terms and Conditions is a model complaint form (Appendix No. 1) and a model form for withdrawing from the Contract together with instructions (Appendix No. 2).
    • The Agreement, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to You. However, you will always receive these Terms and Conditions and Order confirmations with a summary of the Order by e-mail and You will therefore always have access to the Agreement even without Our cooperation. We recommend that you always confirm the Order and save the Terms and Conditions.
    • Our activities are not subject to any codes of conduct pursuant to § 2 letter I) of the Consumer Protection Act.
    • These Terms and Conditions enter into force on 3.2025.

 

APPENDIX NO. 1 - COMPLAINT FORM

Addressee:           Slavomír Janetka 

                               info@orientsun.sk

Filing a complaint

To be filled in by the consumer

Name and surname:

 

Addresses of the cattle:

 

To be filled in by the Entrepreneur – natural person

Business Name:

 

Address bydliska / Registered office:

 

Company ID/Enrolment

 

To be filled in by Entrepreneur – Legal Entity

Business Name:

 

Registered office of a legal entity:

 

Company registration number/entry in the Commercial Register:

 

Name and surname of the person acting on behalf of the Entrepreneur – legal entity/function

 

E-mail address:

 

Order and invoice number:

 

Date of order:

 

Date of receipt of the goods:

 

Goods that are claimed (name and code):

 

Description and scope of product defects:

 

As a customer of the seller, I require that my complaint be handled in the following way:

 

I would like to receive a refund to my bank account (IBAN)/other method

 

 

Annex:

Date:

Signature:

APPENDIX NO. 2 - WITHDRAWAL FORM

 

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