General Terms and Conditions

Company Hemp Farm Trade s. r. o. , with its registered office at Galvániho 15/B, 821 04 Bratislava, Slovak Republic, ID No. 54 104 785, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 155666/B, telephone number: +421 911 509 677 e-mail: info@konopnafarmaliptov.sk, issues the following General Terms and Conditions (hereinafter referred to as “GTC“):

Article I
Basic concepts

In addition to the terms used in the introduction to these GTC and in other provisions of these GTC, the following terms (legislative abbreviations) shall have the meanings set out below:

  1. “Purchase Price” means the price published on the Website for the Goods, at the time of placing the Order and stated in the Order itself, for which the Buyer purchases the Goods.
  2. “Purchase Contract” means the contract concluded between the Seller and the Buyer through the Website, under which the Seller undertakes to deliver the Goods to the Buyer and the Buyer undertakes to pay the Purchase Price to the Seller.
  3. “Buyer” means a person who purchases Goods through the Website and enters into a Purchase Contract with the Seller.
  4. “Civil Code” means Act No. 40/1991 Coll., the Civil Code, as amended.
  5. “Commercial Code” means Act No. 513/1991 Coll., the Commercial Code, as amended.
  6. “Order” means the form available on the Website through which the Buyer orders (buys) the selected Goods.
  7. “Seller” is the company Konopná Farma Trade s. r. o., with its registered office at Galvániho 15/B, 821 04 Bratislava, Slovak Republic, ID No. 54 104 785, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 155666/B.
  8. “Consumer” means a Buyer who is a natural person and who is not acting within the scope of his trade or other business activity when concluding and performing the Purchase Contract.
  9. “Goods” means the object of purchase specified in the Order, which the Buyer purchases through the Website and on the basis of the Purchase Agreement.
  10. “GTC” means these General Terms and Conditions.
  11. The “website” is www.konopnafarmaliptov.sk.
  12. “Act” means Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act No. 372/1990 Coll. on Offences of the Slovak National Council, as amended.
  13. “Act on Alternative Dispute Resolution” means Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.
  14. “Consumer Protection Act” means Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises and on Amendments and Additions to Certain Acts, as amended.

Article II
Introductory Provisions

  1. These GTC shall govern all binding relationships and all rights and obligations arising out of or in connection with the conclusion of the Purchase Contract between the Seller and the Buyer (hereinafter individually also referred to as “Contracting Party” and collectively also referred to as “Contracting Parties“).
  2. By concluding the Purchase Contract, the Seller undertakes to deliver the Goods to the Buyer and to transfer to the Buyer the ownership right to the Goods and the Buyer undertakes to accept the Goods and to pay the agreed Purchase Price for the Goods.
  3. These GTC are an integral part of the Purchase Agreement. An integral part of the GTC is the Withdrawal Form, which forms Annex 1 to these GTC (hereinafter referred to as the “Withdrawal Form“).

Article III
Order and conclusion of the Purchase Contract

  1. The Buyer orders the Goods through the Order as a non-registered or registered user (hereinafter referred to as the “Registered Buyer“) through his user account (hereinafter referred to as the “Account“), the Order is a proposal for the conclusion of the Purchase Contract and shall be effective from the moment of its delivery to the Seller.
  2. The Buyer is obliged to fill in the Order properly all the data marked as mandatory. If the Order is not filled in properly, the Seller is entitled to reject the Order.
  3. The Seller shall inform the Buyer of the receipt of the Order by means of an e-mail sent to the Buyer at the e-mail address specified in the Order (hereinafter referred to as the “Buyer’s E-mail“).
  4. The Seller shall process the Order within 3 (three) working days from the date of its receipt, and shall inform the Buyer about the processing of the Order via e-mail sent to the Buyer’s E-mail. The Seller shall process the Order either by inviting it to be completed, rejecting it or accepting it.
  5. At the moment of acceptance of the Order according to point 4 of this article of the GTC by the Seller, the Purchase Contract between the Seller and the Buyer is concluded.

Article IV
Payment Terms

  1. The Buyer is obliged to pay the Seller the Purchase Price for the Goods. The Parties agree that the Purchase Price is stated inclusive of the VAT rate according to the legislation in force at the time of delivery of the taxable performance.
  2. The Buyer may pay the Purchase Price in one of the following ways:
    1. cash on delivery upon receipt of the Goods,
    2. by cashless payment
      1. Apple Pay,
      2. Google Pay,
      3. Paypal,
      4. By bank transfer,
      5. Payment by card via payment gateway
  1. The Buyer shall choose the method of payment of the Purchase Price according to the previous paragraph in the Order.
  2. In the case of non-cash payment, the Purchase Price is deemed to be paid only when it is credited to the Seller’s account.
  3. The Seller sends the invoice as a tax document and delivery note to the Buyer electronically together with the order confirmation according to Article III, point 4 of these GTC, to which the Buyer expressly agrees, or in paper form together with the Goods.
  4. If the Seller finds that the Purchase Price of the Goods has not been indicated correctly on the Website, the Seller shall inform the Buyer of this fact by e-mail sent to the Buyer’s E-mail and the Seller shall be entitled to withdraw from the Purchase Contract, with the withdrawal being effective from the date of its delivery to the Buyer.
  5. The Seller shall be entitled to grant the Buyer a discount on the Purchase Price to which the Buyer is not legally entitled.

Article V
Delivery Terms

  1. The Seller undertakes to deliver the Goods to the Buyer within 5 (five) working days, but no later than 10 (ten) working days from the date of processing the Order.
  2. Delivery of the Goods to the Buyer shall be made by
    1. courier company (hereinafter referred to as “Courier” or “Courier Company“) to the Buyer’s address specified in the Order;
    2. personal collection of the Goods by the Buyer; the place and time of personal collection is specified when selecting this method of delivery of the Goods in the Order;
    3. acceptance of the Goods by the Buyer at the collection point selected in the Order.
  3. The method of delivery of the Goods and the price for delivery (hereinafter referred to as “Postage“) shall be selected and confirmed by the Buyer in the Order.
  4. The terms of delivery according to point 2 a. of this article of the GTC shall be governed by the current delivery terms of the respective Courier Company published on konopnafarmaliptov.sk/delivery-and-payment/ and further on the respective subpages of the individual couriers. The postage costs are specified in the Order. The Buyer agrees to pay the Seller the Postage together with the Purchase Price.
  5. If the Goods cannot be delivered to the Buyer due to their unavailability or for other serious reasons, the Seller is obliged to inform the Buyer of this fact by e-mail sent to the Buyer’s E-mail, and at the same time the Seller is entitled to withdraw from the Purchase Contract, whereby the withdrawal is effective from the date of its delivery to the Buyer.
  6. The Buyer is obliged to accept the Goods at the agreed place and time. If the Buyer fails to take delivery of the Goods according to the preceding sentence, the Seller shall notify the Buyer by e-mail sent to the Buyer’s E-mail where the Buyer can take delivery of the Goods, including the time limit for taking delivery, or the Buyer shall redeliver the Goods by courier upon the Buyer’s written request sent no later than 14 (fourteen) days from the date on which the Buyer should have taken delivery of the Goods, whereby the Buyer undertakes to pay to the Seller all the costs associated with redelivery of the Goods, in particular the Postage.
  7. The goods shall be deemed to have been accepted at the moment of their handover to the Buyer.
  8. The risk of damage to the Goods shall pass from the Seller to the Buyer upon acceptance of the Goods.
  9. Title to the Goods shall pass to the Buyer upon receipt of the Goods and full payment of the Purchase Price and Postage.
  10. The Seller shall not be liable for late delivery of the Goods caused by the Courier Company.

Article VI
Withdrawal from the Purchase Agreement and return of Goods and payments

  1. In accordance with Section 7(1) of the Consumer Protection Act, the Buyer is entitled to withdraw from the Purchase Contract, without giving any reason, within 14 days from the date of receipt of the Goods. The Consumer may also withdraw from the Purchase Contract, the subject of which is the delivery of the Goods, before the commencement of the withdrawal period referred to in the first sentence of this clause of this Article.
  2. The Buyer may exercise his right of withdrawal pursuant to paragraph 1 of this Article by

    sent by the Buyer to the e-mail address: info@konopnafarmaliptov.sk.

    1. withdrawal form, which was sent to the Buyer together with the Goods and forms Annex 1 to these GTC,
    2. by other written notice of withdrawal,
    3. or in the form of another record on another durable medium,
  3. The time limit for withdrawal from the Purchase Contract under Clause 1 of this Article shall be maintained if the notice of withdrawal from the Purchase Contract was sent to the Seller no later than on the last day of the time limit specified in Clause 1 of this Article of the GTC.
  4. The Buyer is obliged to send the Goods back to the Seller’s address together with a copy of the invoice and proof of payment no later than 14 days from the date of withdrawal from the Purchase Contract: Konopná Farma Trade s. r. o., registered office Galvániho 15/B, 821 04 Bratislava, Slovak Republic, ID No. 54 104 785, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 155666/B.
  5. The Seller is obliged to refund to the Buyer without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal from the Purchase Contract, all payments received from the Buyer in connection with the Purchase Contract, in particular the Purchase Price and the Postage Fee, without prejudice to the additional costs if the Buyer has chosen a delivery method other than the cheapest normal delivery method or the method offered by the Seller in paragraph 4 of this Article. The Parties agree that the Seller shall reimburse the Buyer in money by wire transfer to the Buyer’s bank account for the payments referred to in the preceding sentence.
  6. The Seller shall not be obliged to refund to the Buyer the payments under clause 5 of this clause before the Goods are returned to the Buyer.
  7. The Buyer shall bear the cost of returning the ordered Goods.
  8. The Buyer shall be liable for any diminution in the value of the Goods resulting from handling of the Goods beyond that necessary to establish the characteristics and functionality of the Goods.
  9. The Consumer is not entitled to withdraw from the Purchase Contract in the cases referred to in Section 7(6) of the Consumer Protection Act, in particular in the following cases
    1. the sale of Goods made to the Buyer’s specific requirements, custom-made Goods or Goods designed specifically for one Buyer; or
    2. the sale of Goods which are subject to rapid deterioration or perishability,
    3. the sale of Goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
    4. the sale of Goods which, by their nature, may be inextricably mixed with other Goods after delivery.
  10. For the avoidance of doubt, the Parties acknowledge that this Article also applies to a Buyer who is not a Consumer.

Article VII
Complaints of Goods

  1. Introductory provisions
    1. The Seller undertakes to deliver the Goods in the required quality, quantity and without defects.
    2. The Seller shall be liable for defects in the Goods upon receipt by the Buyer. In the case of used Goods, the Seller shall not be liable for defects caused by their use or wear and tear. For Goods sold at a lower price, the Seller shall not be liable for defects for which a lower price has been agreed.
    3. The general warranty period is 24 months. The warranty period shall commence from the moment of acceptance of the Goods by the Buyer.
    4. If the Goods are replaced, the warranty period will start again from the receipt of the new Goods.
    5. The rights of liability for defects in the Goods for which the warranty period applies shall be extinguished if the Buyer does not exercise them within the warranty period. However, the rights of liability for defects in perishable Goods must be exercised no later than the day after purchase, otherwise the rights will lapse.
  2. Conditions for claiming liability for defects (claims)
    1. The Buyer is obliged to inspect and check the Goods thoroughly upon receipt. In case of obvious defects (e.g. mechanical damage), the Buyer is obliged to file a claim with the Seller without undue delay in the manner set out in clause 3.1. below. A claim made later due to obvious defects in the Goods, including defects consisting in incompleteness of the Goods, shall not be taken into account.
    2. The Buyer is obliged to exercise the right of liability for other defects (hidden defects) in the manner according to point 3.1. below without undue delay after discovering the defect in the Goods, but no later than the expiry of the warranty period.
    3. The warranty can only be applied to manufacturing defects of the Goods and defects caused by mechanical damage, provided that the Buyer has fulfilled the obligations set out in this Article. In particular, the warranty cannot be applied to defects caused by wear and tear, mechanical damage, use of the Goods in unsuitable conditions, etc.
    4. The Buyer is not entitled to claim the warranty for the Goods if he/she knew about the defect before taking over the Goods or was notified of it or was given a reasonable discount on the Purchase Price of the Goods for this reason.
    5. The Seller is not liable for damage to the consignment (Goods) caused by a third party (especially the Courier).
  3. Exercise of liability rights (claims)
    1. The Buyer may file a claim with the Seller by sending an e-mail to: info@konopnafarmaliptov.sk with the subject of the e-mail complaint.
    2. In the submission, by which the Buyer claims, the Buyer shall specify the description of the defect of the Goods and the address, including e-mail, to which the Seller will inform him about the manner of handling the claim, and also indicate which of the liability for defects claims specified in clauses 4.4. to 4.8., he claims.
    3. The Buyer is obliged to present the Goods and proof of purchase of the Goods (invoice) when making a claim for the Goods in order to prove its purchase from the Seller, otherwise the claim will not be recognized.
    4. The date of commencement of the claim procedure shall be deemed to be the date of delivery of the defective Goods together with the relevant documents (pursuant to clause 3.3.) to the Seller.
    5. In case the Buyer’s complaint is incomplete (in particular illegible, unclear, incomprehensible, does not contain the required documents, etc.) the Seller shall invite the Buyer by e-mail sent to the Buyer’s e-mail address to complete the complaint. In this case, the complaint procedure shall begin on the day of receipt of the completed submission by the Buyer.
    6. If the Buyer does not complete the complaint submitted in accordance with clause 3.5 of this Article without undue delay, no later than 10 days from the date of receipt of the notice under clause 3.5 of this Article, it shall be deemed to be unjustified.
    7. The Seller shall promptly notify the Buyer of the receipt of the complaint by sending a Confirmation of Receipt of the complaint by e-mail to the Buyer’s e-mail address, but no later than together with the proof of complaint processing.
  1. Complaint handling
    1. Based on the Buyer’s decision which of the rights under § 622 and § 623 of the Civil Code (specified in 4.4. to 4.8.) the Seller is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the Goods is required, no later than 30 days from the date of the complaint.
    2. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint. After the expiry of the period for processing the claim, the Buyer has the right to withdraw from the contract or has the right to exchange the Goods for new Goods, if possible.
    3. The Seller is obliged to issue the Buyer with a written document about the complaint and inform the Buyer about its settlement by e-mail sent to the Buyer’s E-mail no later than 30 days from the date of the complaint. If the claim is accepted, the Buyer shall be sent repaired Goods or the Goods shall be replaced with new Goods or the Purchase Price paid shall be refunded by wire transfer to the Buyer’s bank account, unless otherwise agreed by the Parties.
    4. If it is a defect that can be remedied, the Buyer has the right to have it remedied free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay.
    5. The Buyer may, instead of removing the defect, require replacement of the Goods or, if the defect relates only to a part of the Goods, replacement of the part, unless the Seller incurs disproportionate costs in relation to the price of the Goods or the severity of the defect.
    6. The Seller may always replace the defective Goods with faultless Goods instead of rectifying the defect in the Goods, if this does not cause serious inconvenience to the Buyer.
    7. If there is a defect in the Goods which cannot be remedied and which prevents the Goods from being properly used as non-defective Goods, the Buyer shall have the right to have the Goods replaced or shall have the right to withdraw from the Contract of Purchase. The same rights shall apply to the Buyer if the defects are remediable, but if the Buyer cannot properly use the Goods due to the recurrence of the defect after repair or due to a greater number of defects.
    8. If there are other irremediable defects, the Buyer shall be entitled to a reasonable discount on the price of the Goods.
    9. The Seller is obliged to settle the complaint by handing over the repaired Goods, replacing the Goods, refunding the Purchase Price of the Goods to the Buyer by wire transfer to the Buyer’s bank account, paying a reasonable discount on the price of the Goods by wire transfer to the Buyer’s bank account, a written invitation to take over the performance (the Goods) or a reasoned refusal.
  1. Common provisions for Article VII of the GTC
    1. For the avoidance of doubt, the Parties acknowledge that this Article also applies to a Buyer who is not a Consumer.

Article VIII
Submission of complaints and suggestions

  1. The Buyer is entitled to submit suggestions and complaints in writing via e-mail to: info@konopnafarmaliptov.sk.
  2. The Seller shall inform the Buyer about the assessment of the complaint or complaint by e-mail sent to the Buyer’s E-mail.
  3. The supervisory authority is the Slovak Trade Inspection ( SOI), SOI Inspectorate for the Bratislava Region, headquartered at Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, tel. no. 02/58 27 21 72, 02/58 27 21 04.

Article IX
Alternative Dispute Resolution

  1. The Buyer has the right to contact the Seller with a request for redress, via e-mail sent to: ekonom@konopnafarmaliptov.sk, if he is not satisfied with the way the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the Buyer has the right to submit a proposal for alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as the “Entity“) pursuant to the Alternative Dispute Resolution Act.
  2. The entities are bodies and authorised legal persons under Section 3 of the Alternative Dispute Resolution Act and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
  3. The Buyer may submit a proposal in the manner specified under Section 12 of the Alternative Dispute Resolution Act.
  4. The Buyer may also file a complaint through the RSO Alternative Dispute Resolution platform, which is available at https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297 or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
  5. Alternative Dispute Resolution applies only to a dispute between the Buyer as a Consumer and the Seller arising out of or related to the Purchase Contract.

Article X
Final Provisions

  1. The GTC come into force and effect on 1.1.2022 and are continuously published on the Website.
  2. The Seller and the Buyer may agree to exclude the application of certain provisions of the GTC or to exclude the GTC as a whole.
  3. Legal relations not regulated by these GTC, which arose from the conclusion of the Purchase Contract between the Seller and the Consumer are governed in particular by the Civil Code and other related legislation.
  4. Legal relations not regulated by these GTC, which arose from the conclusion of the Purchase Contract between the Seller and the Buyer, who is not a Consumer, shall be governed in particular by the Commercial Code and other related legislation.
  5. By sending the Order, the Buyer confirms that he/she has been duly acquainted with these GTC, including their annexes, in advance, has understood their content, agrees to them unconditionally and accepts them.

Annex no.