General Terms and Conditions and Complaints Procedure

I. Basic Provision

1. These General Terms and Conditions and Complaints Procedure (hereinafter referred to as the “Terms and Conditions“) are prepared by the seller in accordance with the provisions of Act No. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the “Civil Code“), Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on Misdemeanors as amended by later regulations (hereinafter referred to as the “Consumer Protection Act“), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a Distance Contract or a Contract Concluded Off-Premises by the Seller and on the amendment and supplementation of certain acts (hereinafter referred to as the “Distance Selling Consumer Protection Act“) as amended by later regulations, as well as in accordance with other relevant legal regulations.

The Seller for the purposes of these Terms and Conditions is:

Private Medical Center Hippokrates, Ltd.

ID No.: 35683856

VAT ID No.: 2020893688

registered office: Prievozská 4/A, 821 09 Bratislava

registered in the Commercial Register of the District Court Bratislava I, Section Sro,

Entry No. 10397/B

contact details:

email: eshop@hippokrates.sk

phone +421 903 788 670

www.hippokrates.sk/eshop

(hereinafter referred to as the “Seller“)

2. These Terms and Conditions regulate the mutual rights and obligations between the seller and a natural person or legal entity concluding a purchase agreement (hereinafter referred to as the “Buyer“) through the web interface located on the website available at the internet address www.hippokrates.sk/eshop (hereinafter referred to as the “e-shop“). They also regulate any claims for liability for defects by the buyer against the seller (complaint) in accordance with the provisions, in particular, of Article VII. (Complaints Procedure) of the relevant part of these Terms and Conditions.
3. The provisions of the Terms and Conditions are an integral part of the purchase agreement. Different (individual) arrangements concluded between the seller and the buyer in the purchase agreement take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase agreement are concluded in the Slovak language.
5. Due to the fact that the e-shop sells vouchers, based on which it is possible to obtain healthcare services and other procedures, such as rehabilitation exercises, at the medical center, and the e-shop also sells goods in the form of various vitamin/nutritional supplements, these Terms and Conditions are divided into three parts – A, B, and C. Part A contains specific terms and conditions governing the rights and obligations of the seller and the buyer in the event that the subject of purchase is a voucher. Part B contains specific terms and conditions governing the rights and obligations of the seller and the buyer in the event that the subject of purchase is goods (vitamin/nutritional supplements). If the subject of purchase is both a voucher and goods, the contractual relationship between the seller and the buyer in specific matters is governed by the relevant part of these Terms and Conditions. Part C contains common provisions of the terms and conditions for the purchase of both vouchers and goods, which apply regardless of whether the subject of purchase is a voucher or goods. If Part A does not contain explicit provisions for any of the areas regulated in these Terms and Conditions, the provisions of Part B of these Terms and Conditions shall apply accordingly.

A

I.General Provisions on Vouchers

1. The Seller and its partners hold a valid license to provide healthcare in the relevant specializations, which are also the subject of services provided based on purchased vouchers. The Seller operates a healthcare facility under the name Private Medical Center Hippokrates, with the facility’s operation located at the Seller’s registered office, i.e., at Prievozská 4/A, 821 09 Bratislava (hereinafter referred to as the “registered office” or “place of healthcare provision”), where healthcare services and related services are provided by the Seller and its partners.
2. Through a voucher, it is possible to purchase one of the following services:

• Neurological medical examination,
• Internal medical examination,
• Physiotherapy,
• Therapeutic massages,
• Art therapy,
• Value service packages,
• Health day care packages/daily regenerative healthcare packages,
• High-dose vitamin C infusion therapy,
• Vouchers for health services,
• Oxygen therapy (oxygenotherapy),
• Medical phone and video consultations,
• Gift vouchers for services,

Note No. 1: It is also possible to purchase any of the offered nutritional supplements from the seller using a voucher, in which case the provisions of Part B of these Terms and Conditions (see point 4 of this article of the Terms and Conditions below) also apply in connection with their purchase.

Note No. 2: The Seller is entitled to unilaterally change the scope of services provided based on vouchers at any time. If, after the buyer purchases a voucher, the seller ceases to provide the purchased service before the date indicated on the voucher (voucher validity date), the seller is obliged to immediately inform the buyer and offer a substitute service of the purchased value. If the buyer is not interested in the substitute service, the seller is obliged to refund the buyer the paid purchase price and invalidate the buyer’s purchased voucher.

3. The voucher entitles the buyer or its holder to pay the price of the purchased medical procedure or any other service provided by the seller and its partners (i.e., depending on the type of voucher – either a voucher for a specific procedure/service or a so-called general voucher with the option of subsequent selection of the procedure by the buyer or holder), including payment for services related to healthcare provision and the price of other services and goods that the seller may offer, up to the nominal value for which the gift voucher is issued. The price of individual procedures, services, and goods is listed in the seller’s price list, which is available at the place of healthcare provision and on the seller’s website.
4. If the voucher is for the purchase of goods sold by the seller’s e-shop, in addition to the provisions of Part A of these Terms and Conditions, the provisions of Part B of the Terms and Conditions shall also apply accordingly to such a purchase of goods by voucher, especially regarding the delivery of goods, the seller’s liability for any defects, and the complaints procedure.

II. Online Voucher Purchase

1. If interested in purchasing a voucher online, the buyer selects a voucher of the appropriate value and for the given service on the seller’s website, unless it is a general voucher with a later option to choose the service; in the electronic form, they correctly and truthfully fill in and submit all mandatory data, including their first name and surname, permanent address (natural person)/business name, ID No., place of business/registered office (natural person – entrepreneur/legal entity), optional delivery address (if different from permanent address, place of business or registered office), and email address; and makes payment for the voucher’s value (purchase price) using one of the following methods:

• cashless via the Global Payments payment gateway,
• in cash or by payment card upon personal collection at the seller’s registered office

The buyer may also enter the details of the holder (the natural person to whom they wish to give the voucher) in the scope of first name, surname, delivery address, phone number, email address, in case they are purchasing the voucher for the benefit of a holder (third party). The purchase of a voucher takes place without the buyer’s registration on the seller’s website. Before submitting the order, the buyer is allowed to check and change the data they have entered into the order. The buyer sends the order to the seller by clicking the Order with obligation to pay button. The data provided in the order are considered correct by the seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the buyer’s confirmation that they have read these Terms and Conditions by checking the I agree to the General Terms and Conditions and the Protection and Processing of Personal Data button.

2. In case of cash payment, the purchase price of the voucher is payable upon receipt of the voucher, specifically upon its personal collection at the Private Medical Center Hippokrates facility. In case of cashless payment, the purchase price of the voucher is payable at the moment the order is sent to the seller.

3. If the buyer of the voucher is a legal entity or a natural person – entrepreneur, the seller will issue a tax document (invoice) for the purchase of the voucher upon request and send it to the provided email address.

4. In the case of payment by payment card and online payment, the seller declares that payment services for payment methods, specifically payments using payment cards and payments using online bank transfer, are provided for the operator by the commercial company Global Payments s.r.o. (GP), which operates in the Czech Republic, with its registered office at V Olšinách 626/80, Strašnice, 100 00 Prague 10, Czech Republic, ID No.: 042 35 452, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 244453, acting in Slovakia through its organizational unit Global Payments s.r.o., organizational unit, with its registered office at Vajnorská 100/B 831 04 Bratislava – Nové Mesto, ID No.: 50 010 301, registered in the Commercial Register maintained by the District Court Bratislava I, Section Po, Entry 3016/B. Global Payments s.r.o. is regulated by the Czech National Bank and authorized to provide payment services according to Act No. 370/2017 Coll. on Payment System based on the permission of the Czech National Bank. Any complaints and questions about payment transactions can be directed by the user directly to GP via the telephone line +421 222 121 222 (available 24 hours a day, 7 days a week) or via email support at info@globalpayments.sk, or in writing to the aforementioned address in Bratislava – Nové Mesto. More information about the payment service is available online at https://www.globalpayments.sk/sk-sk.

5. In the case of any form of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the seller’s bank account.

6. Confirmation of the voucher purchase will be delivered to the buyer as an email message to the email address provided by them (note: this does not preclude the possibility of requesting a tax document in accordance with point 3 of this article of the Terms and Conditions). The confirmation will also include the voucher containing a unique ID code assigned to each voucher and other particulars according to point 8 of this article of the Terms and Conditions. The moment the order confirmation is sent to the buyer is considered the moment the purchase agreement is concluded. Attached to the confirmation are the seller’s current Terms and Conditions, as well as the form for withdrawal from the purchase agreement and the Privacy Policy and Personal Data Processing. If the orderer does not specify that they will pick up the gift voucher in person at the place of healthcare provision (seller’s registered office), the email message will also include an e-voucher, which the buyer can print on their chosen printer and which has the same effects as a paper voucher picked up by the buyer at the place of healthcare provision.

7. The purchased voucher is transferable and may be used by any person (different from the buyer or the holder for whose benefit it was originally purchased by the buyer) who duly presents the voucher to the seller.

8. Each voucher must contain a description of the service it provides, a unique ID code, its validity date, the amount in Euro, which represents the value of credits usable for the given service, as well as the designation Private Medical Center Hippokrates, Prievozská 4/A, 821 09 Bratislava – Ružinov, including the relevant phone number and email address of the seller. The seller is entitled to refuse a voucher that does not contain any of the aforementioned mandatory data, or if the seller is unaware of the issuance and sale of such a voucher or does not record its issuance and sale in its records, and the buyer does not credibly prove otherwise.

III. Rights and Obligations of the Buyer / Voucher Holder upon Redemption

1. The voucher can only be redeemed at the place of healthcare provision by presenting it. The buyer/holder is obliged to inform the seller’s staff in advance (by phone, email) about the redemption of the voucher, in order to arrange a date for the provision of the healthcare procedure or other service provided by the seller. The voucher must be presented in its original form, i.e., stamped by the Provider and signed by a representative, along with the unique code. In case of loss or physical damage, the seller is not obliged to issue a new voucher.
2. The voucher can be used until the date marked on the voucher. If no validity date is marked, the voucher’s validity is not time-limited.
3. Unless expressly agreed otherwise with the seller, each voucher can only be redeemed once. If the value of the voucher exceeds the price of the procedure, service, or goods, the difference is not transferred to the buyer or voucher holder for a new voucher, and the unused amount is not paid out in cash. If the value of the voucher is lower than the price of the procedure, service, or goods, and the Provider does not expressly state otherwise, the buyer or voucher holder is entitled to pay the difference in cash. Multiple vouchers may be used for a single payment, unless the seller specifies otherwise. The seller reserves the right not to allow the combination of voucher redemption with various discounts and promotional offers; the seller will publish information about such a restriction within the specific promotional offer.
4. The voucher cannot be exchanged for financial means (cash or cashless), while the provisions of Article IV. point 2 of Part A of these Terms and Conditions are not affected thereby. A gift voucher cannot be exchanged for another voucher with extended validity.

IV. Other Provisions

1. By purchasing a voucher, the buyer expresses agreement with these Terms and Conditions.
2. The buyer is entitled to withdraw from the purchase agreement, of which these Conditions are a part, even without stating a reason, within 14 days from the delivery/receipt of the voucher by sending a notice of withdrawal from the agreement to the seller’s registered office address or to the seller’s contact email address specified in these Terms and Conditions. For this purpose, the buyer is also entitled to use the withdrawal from agreement form, which constitutes Annex No. 1 of these Terms and Conditions. Upon receipt of the withdrawal from the purchase agreement by the seller, the seller will proceed to verify the fulfillment of the conditions for withdrawal and, if fulfilled, will proceed to invalidate the voucher. Upon fulfillment of the conditions stated in this point, the buyer is entitled to a refund of the payment made.
3. Either contractual party has the right to cancel (withdraw from the agreement, annul) the voucher order without stating a reason, at the latest until the moment the voucher is sent by the seller to the buyer’s email inbox, or in the case of personal collection, until the moment the voucher is picked up by the buyer at the seller’s premises. The cancellation of the order by one of the contractual parties does not entitle the other contractual party to compensation for damages associated with the cancellation of the order. If the order was cancelled after the purchase price was paid by the buyer, the seller is obliged to refund the buyer the paid purchase price within 15 days from the date the purchase price was credited to the seller’s account.

withdrawal from agreement form,

B

(Purchase of Goods)

I.Information on Goods and Prices

1. Information about goods, including the prices of individual goods and their main characteristics, is provided for each item in the e-shop catalog. Goods prices remain valid for the period during which they are offered at that price on the e-shop’s internet address. The price at which the goods are offered does not include the cost of material transport and any other fees in accordance with these Terms and Conditions.
2. All presentations of goods located in the e-shop catalog are for informational purposes only, and the seller is not obliged to conclude a purchase agreement regarding these goods.
3. Information about the costs associated with packaging and delivery of goods is published in the e-shop. The information on costs associated with packaging and delivery of goods provided in the e-shop applies only when the goods are delivered within the territory of the Slovak Republic. If the buyer is interested in sending goods abroad, it is necessary to first contact the e-shop to verify whether international shipment is possible, under what conditions, and at what price.
4. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

II. Order and Conclusion of the Purchase Agreement

1. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (costs for internet connection, costs for phone calls) are borne by the buyer themselves.
2. The buyer places an order for goods exclusively by filling out the order form without registration. If the buyer is purchasing as a consumer, i.e., as a natural person not acting within the scope of their business, employment, or profession when concluding a distance contract, they must provide at least their first name, last name, address (correspondence and delivery, if different), phone number, and email address in the order form. If the buyer is purchasing as a natural person in connection with their business activity, they must also provide their business name, Company ID (IČO), Tax ID (DIČ), and place of business. If the buyer is a legal entity, they must provide their business name, Company ID (IČO), Tax ID (DIČ), registered office, and optionally a delivery address if different from the registered office, as well as a phone number and email address.
3. When placing an order, the buyer selects the goods, the quantity of goods, and the method of payment and delivery.
4. Before submitting the order, the buyer is allowed to review and change the information entered into the order. The buyer submits the order to the seller by clicking the Confirm Order button. The information provided in the order is considered correct by the seller. A condition for the validity of the order is the completion of all mandatory fields in the order form and the buyer’s confirmation that they have read these terms and conditions by checking the box I agree to the general terms and conditions and the protection and processing of personal data.
5. Upon receipt of the order, the seller will send the buyer an order confirmation to the email address provided by the buyer during the ordering process. The moment the order confirmation is sent to the buyer is considered the moment the purchase contract is concluded. The confirmation will include the seller’s current terms and conditions, as well as a form for withdrawal from the purchase contract and the Personal Data Protection and Processing policy.
6. Should the seller be unable to fulfill any of the requirements specified in the order, they will send the buyer a proposal for an order amendment to their email address, explaining why the original order cannot be met. The amended order is considered a new proposal for a purchase contract, and in such a case, the purchase contract is concluded at the moment the buyer’s acceptance of the new proposal is delivered to the seller at the email address specified in Article I, point 1 of these terms and conditions, or to an email address designated by the seller or from which the seller contacted the buyer.
7. All orders received by the seller are binding. The buyer may cancel an order until the seller’s order acceptance notification has been delivered to the buyer. The buyer may cancel an order by phone at the seller’s phone number or email address specified in Article I, point 1 of these terms and conditions, or at an email address designated by the seller or from which the seller contacted the buyer.
8. In the event of an obvious technical error on the part of the seller when stating the price, available quantity, description, or characteristics of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the ordered goods to the buyer, even if an automatic order receipt confirmation has been sent to the buyer in accordance with these terms and conditions. The seller will inform the buyer of the error without undue delay, providing a relevant explanation of the exact nature of the error, and will send the buyer a proposal for an order amendment to their email address. The amended order is considered a new proposal for a purchase contract, and in such a case, the purchase contract is concluded upon the buyer’s confirmation of acceptance to the seller’s email address specified in Article I, point 1 of these terms and conditions, or to an email address designated by the seller or from which the seller contacted the buyer.

III. Payment Terms and Delivery of Goods

1. The buyer may pay the purchase price of the goods and any costs associated with the delivery of goods under the purchase contract by the following methods:
   • cashless via the Global Payments payment gateway,
   • in cash or by payment card upon personal collection at the seller’s registered office.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
3. In the case of cash payment, the purchase price of the goods is due upon receipt of the goods, either upon delivery by courier service, postal delivery, or upon personal collection at the premises of the Private Medical Center Hippokrates. In the case of cashless payment, the purchase price of the goods is due at the moment the order is sent to the seller.
4. In the case of payment by card and online payment, the seller declares that payment services for payment methods, specifically payments by payment cards and payments by online bank transfer, are provided for the operator by the commercial company Global Payments s.r.o. (GP), which operates in the Czech Republic, with its registered office at V Olšinách 626/80, Strašnice, 100 00 Prague 10, Czech Republic, Company ID (IČO): 042 35 452, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 244453, acting in Slovakia through its organizational unit Global Payments s.r.o., organizational unit, with its registered office at Vajnorská 100/B 831 04 Bratislava – Nové Mesto, Company ID (IČO): 50 010 301, registered in the Commercial Register maintained by the District Court Bratislava I, Section Po, Entry 3016/B. Global Payments s.r.o. is regulated by the Czech National Bank and authorized to provide payment services according to Act No. 370/2017 Coll. on Payment System based on the permission of the Czech National Bank. Any complaints and questions about payment transactions can be directed by the user directly to GP via the telephone line +421 222 121 222 (available 24 hours a day, 7 days a week) or via email support at info@globalpayments.sk, or in writing to the aforementioned address in Bratislava – Nové Mesto. Further information about the payment service is available online at https://www.globalpayments.sk/sk-sk.
5. In the case of any form of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the seller’s bank account.
6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before dispatch of the goods is not a deposit, but a full payment of the purchase price.
7. Goods are delivered to the buyer by one of the following methods, according to the buyer’s choice:

• to the address specified by the buyer in the order, either by courier company or as a postal parcel, depending on the buyer’s choice,
• by personal collection at the seller’s premises (Private Medical Center Hippokrates)

8. The buyer makes the binding choice of delivery method during the ordering of goods.
9. Delivery costs, depending on the method of dispatch and receipt of goods, are specified in the buyer’s order and in the seller’s order confirmation. In the event that a delivery method is agreed upon based on a special request from the buyer (i.e., different from the delivery method according to point 8 of this article of the terms and conditions), the buyer bears the risk and any additional costs associated with this delivery method.
10. If, according to the purchase contract, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. In the event that, due to reasons on the buyer’s side, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer is obliged to cover the costs associated with repeated delivery of the goods, or the costs associated with a different delivery method.
11. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the goods’ packaging and, in case of any defects, to immediately notify the carrier. If a breach of the packaging indicating unauthorized entry into the shipment is found, the buyer is not obliged to accept the shipment from the carrier.
12. Upon request from a buyer who is a legal entity or a natural person – entrepreneur, the seller is obliged to attach a tax document (invoice) to the delivered goods, which may also serve as a delivery note if the seller does not issue a separate delivery note for the buyer’s order.
13. The buyer acquires ownership of the goods upon full payment of the purchase price for the goods, including delivery costs, but not earlier than upon receipt of the goods. Responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in breach of the purchase contract.

IV. Withdrawal from the Contract

1. A buyer who has concluded a purchase contract outside the scope of their business activity as a consumer has the right to withdraw from the purchase contract.
2. If the purchase contract is concluded remotely (via an online store) or outside the seller’s business premises, and if the seller has timely and properly provided the buyer with information about the right to withdraw from the purchase contract, the conditions, deadline, and procedure for exercising the right of withdrawal, including a withdrawal form (in accordance with Section 3, Paragraph 1, Letter h) of the Consumer Protection Act on Distance Selling), and provided that the legally required conditions are met, the buyer has the right to withdraw from the purchase contract without stating a reason and without any penalty, in accordance with the Consumer Protection Act on Distance Selling.
3. The withdrawal period is 14 days and commences:

• from the moment of receipt of the last delivered goods, if the subject of the purchase contract is ordered goods delivered separately,
• from the moment of receipt of the last part or the last item, if the subject of the purchase contract is several types of goods or the delivery of several parts,
• from the moment of receipt of the first delivered goods, if the subject of the purchase contract is goods delivered over a defined period.

4. The buyer acknowledges that, in accordance with Section 7, Paragraph 6 of the Consumer Protection Act on Distance Selling, they cannot, among other things, withdraw from the purchase contract:

• for the provision of services, if their provision began with the express consent of the consumer and the consumer declared that they were duly informed that by expressing this consent, they lose the right to withdraw from the contract after the full provision of the service, and if the service has been fully provided,
• for the sale of goods or provision of services whose price depends on fluctuations in the financial market, which the seller cannot influence and which may occur during the withdrawal period,
• for the sale of goods manufactured according to the consumer’s specific requirements, custom-made goods, or goods intended specifically for a single consumer,
• for the sale of goods that are subject to rapid deterioration or spoilage,
• for the sale of goods sealed in protective packaging which are not suitable for return due to health protection or hygiene reasons, and whose protective packaging has been broken after delivery,
• for the sale of goods which, due to their nature, may become inseparably mixed with other goods,
• for the sale of alcoholic beverages whose price was agreed upon at the time of concluding the contract, provided that their delivery can only take place after 30 days and their price depends on market fluctuations that the seller cannot influence,
• for the performance of urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the repair or maintenance, if they were concluded during the seller’s visit to the consumer and the consumer did not order these services or goods in advance,
• for the sale of audio recordings, video recordings, audio-visual recordings, books, or computer software sold in protective packaging, if the consumer has unsealed this packaging,
• for the sale of periodicals, with the exception of sales based on a subscription agreement, and the sale of books not delivered in protective packaging,
• for the provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services, or provision of services related to leisure activities, where the seller undertakes to provide these services at a specified time or within a specified period,
• for the provision of digital content not supplied on a tangible medium, if its provision began with the express consent of the consumer and the consumer declared that they were duly informed that by expressing this consent, they lose the right to withdraw from the contract.

5. To comply with the withdrawal period for the purchase contract, the buyer must send the seller any unequivocal statement expressing their intention to withdraw from the purchase contract within the period specified in Article VI, point 3 of these terms and conditions.
6. For withdrawal from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. This form is also Annex No. 3 to Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller’s business premises and on amendments to certain acts, as amended. The buyer shall send the withdrawal from the purchase contract to the email address or the address of the seller’s registered office specified in these terms and conditions. The seller will promptly confirm receipt of the form to the buyer.
7. A buyer who has withdrawn from the purchase contract is obliged to send the goods back to the seller no later than 14 days from the day of withdrawal from the purchase contract. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.
8. If the buyer withdraws from the purchase contract, the seller will promptly, but no later than 14 days from the withdrawal from the purchase contract, return all monetary funds received from the buyer, including delivery costs, using the same method. The seller will return the received monetary funds to the buyer by a different method only if the buyer agrees and if no additional costs arise for the buyer as a result.
9. If the buyer chose a delivery method other than the least expensive one offered by the seller, the seller will refund the buyer the delivery costs up to the amount corresponding to the least expensive offered delivery method.
10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.
11. The buyer must return the goods to the seller undamaged, unworn, and unsoiled, and if possible, in their original packaging. The seller is entitled to unilaterally offset any claim for damages incurred on the goods against the buyer’s claim for a refund of the purchase price.
12. The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has ceased production or import of the goods. The seller will promptly inform the buyer via the email address provided in the order and will, within 14 days of notifying the withdrawal from the purchase contract, return all monetary funds received from the buyer under the contract, including delivery costs, using the same method, or a method specified by the buyer. The seller is not liable to the buyer for the impossibility of delivering the goods ordered by the buyer and any associated compensation for damages or other harm, and the impossibility of delivery does not result in the seller being in delay with the delivery of the ordered goods.
13. Either contractual party has the right to cancel (withdraw from, annul) an order for goods without stating a reason, no later than the moment the goods are dispatched by the seller to the buyer, or until the moment the goods are collected by the buyer at the seller’s premises in the case of personal collection. The cancellation of an order by either contractual party does not entitle the other contractual party to compensation for damages associated with the cancellation of the order. In the event that the order is cancelled after the buyer has paid the purchase price, the seller is obliged to return the paid purchase price to the buyer within 15 days from the date the purchase price was credited to the seller’s account.

V.

Rights Arising from Defective Performance (Complaints Procedure)

1. The warranty period for defects in delivered goods begins to run from the day the goods are handed over to the buyer. Unless a longer warranty period is specified upon delivery of the goods, the warranty period for delivered goods is 24 months. The seller is liable to the buyer that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
   • the goods have the characteristics agreed upon by the parties, and if no agreement exists, they have the characteristics described by the seller or manufacturer, or those that the buyer could reasonably expect given the nature of the goods and based on their advertising,
   • the goods are suitable for the purpose stated by the seller for their use, or for the purpose for which goods of the same type are customarily used,
   • the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
   • the goods are in the appropriate quantity, measure, or weight, and
   • the goods comply with legal requirements.
2. The seller’s obligations arising from defective performance extend at least to the same extent as the manufacturer’s obligations for defective performance. Otherwise, the buyer is entitled to assert a right regarding a defect that occurs in consumer goods within twenty-four months of receipt.
3. If the sold goods, their packaging, instructions attached to the goods, or advertising, in accordance with other legal regulations, specify a period during which the goods can be used, the provisions on quality warranty shall apply. By providing a quality warranty, the seller undertakes that the goods will be suitable for their usual purpose or will retain their usual properties for a certain period. If the buyer legitimately notified the seller of a defect in the goods, the period for exercising rights arising from defective performance or the warranty period shall not run for the duration that the buyer cannot use the defective goods.
4. The provisions stated in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price due to a defect for which the goods are sold at a reduced purchase price, to wear and tear of goods caused by their ordinary use, to used goods for a defect corresponding to the degree of use or wear that the goods had at the time of acceptance by the buyer, or if it results from the nature of the goods. The buyer is not entitled to rights arising from defective performance if, before taking over the goods, they knew that the goods had a defect, or if the buyer caused the defect themselves.
5. In the event of a defect, the buyer may submit a complaint to the seller and request:
   • replacement with new goods,
   • a reasonable discount from the purchase price,
   • withdrawal from the contract.
6. The buyer has the right to withdraw from the contract,
   • if the goods have a substantial defect that renders them unusable, or if it cannot be remedied and prevents the item from being properly used as an item without defects,
   • in the event of a repeated occurrence of a defect after repair of the goods or for a larger number of defects in the goods, due to which the buyer cannot properly use the goods.
7. A breach of the purchase contract is considered substantial if the breaching party knew or must have known at the time of concluding the contract that the other party would not have entered into the contract had it foreseen such a breach.
8. In the case of a defect that constitutes a non-substantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable discount from the purchase price.
9. If a remediable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a larger number of defects (typically at least three defects simultaneously), the buyer has the right to claim a discount from the purchase price, replacement of the goods, or withdrawal from the contract.
10. When filing a complaint, the buyer is obliged to inform the seller of the right they have chosen. A change of choice without the seller’s consent is only possible if the buyer requested a repair of a defect that proves to be irremediable. If the buyer does not choose their right arising from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal from the contract.
12. If the seller proves that the buyer knew about the defect in the goods before taking possession of them or caused it themselves, the seller is not obliged to satisfy the buyer’s claim.
13. The buyer cannot claim a defect for discounted goods due to the reason for which the goods were discounted.
14. The seller is obliged to accept complaints at its registered office and, if it has an established operation, also at any of its premises. The seller is obliged to issue the buyer a written confirmation stating when the buyer exercised their right, what the content of the complaint is, and what method of complaint resolution the buyer requests, as well as a confirmation of the date and method of complaint resolution, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.
15. The seller or an authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably required for expert assessment of the defect, depending on the type of product or service. The complaint, including the remedy of the defect, must be resolved without undue delay, no later than 30 days from the date of filing the complaint, unless the seller and buyer agree on a longer period. The fruitless expiry of this period is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment the buyer’s expression of will (exercise of the right from defective performance) reaches the seller is considered the moment the complaint is filed.
16. The seller shall inform the buyer in writing of the outcome of the complaint.
17. The buyer is not entitled to rights arising from defective performance if, before taking over the item, the buyer knew that the item had a defect, or if the buyer caused the defect themselves.
18. In the event of a legitimate complaint, the buyer has the right to reimbursement of reasonably incurred costs associated with filing the complaint. The buyer may exercise this right with the seller within one month after the expiry of the warranty period; otherwise, a court may not grant it.
19. The buyer chooses the method of complaint resolution.

C

I. Communication between the Seller and the Buyer

1. The contracting parties may deliver all written correspondence to each other via electronic (email) mail. This, of course, does not affect the right of the seller and the buyer to communicate in writing to the addresses specified in the order.
2. The buyer delivers correspondence to the seller at the email address specified in these terms and conditions. The seller delivers correspondence to the buyer at the email address specified in their order.

II. Personal Data

1. The buyer provides their personal data to the seller based on a goods order or goods reservation for personal collection.
2. For the purpose of concluding and fulfilling a purchase contract, or for the purpose of securing a reservation for personal collection of goods, the buyer provides the seller with their name, address, phone number, and email address (hereinafter referred to as “Personal Data”). The buyer’s first name and surname/business name and the address of their residence/registered office/place of business are provided for the purpose of concluding the purchase contract, delivering the goods, and issuing an accounting document. The phone number and email address are provided for the purpose of contacting the buyer to provide information regarding the execution of the purchase contract and the reservation for personal collection. The processing of the buyer’s personal data for these purposes does not require the buyer’s consent in accordance with Article 6, paragraph 1, letter b) of the Regulation, as their processing is necessary for the fulfillment of the contract with the buyer.
3. The buyer’s consent for the processing of Personal Data is necessary for other purposes for which the seller processes them, such as sending information about the seller. The buyer’s consent for these purposes is provided by checking the appropriate box I agree with the general terms and conditions and with the Protection and Processing of Personal Data when filling out the order form. At the same time, before giving consent, the buyer has the opportunity to familiarize themselves with the Information on the processing of personal data available at www.hippokrates.sk/eshop.
4. The so-called personal data controller is the seller.

III. Out-of-court dispute resolution

1. The Slovak Trade Inspection Authority, with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase contract.
2. The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk, is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The seller is authorized to sell goods based on a trade license. Trade inspections are carried out by the relevant trade licensing office within its scope of authority. The Slovak Trade Inspection Authority, within its defined scope, supervises, among other things, compliance with the Consumer Protection Act and the Consumer Protection Act in Distance Selling.

IV. Final Provisions

1. All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Slovak Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 3, paragraph 1, letter n) of the Consumer Protection Act in Distance Selling.
3. All rights to the seller’s website, especially copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the website or any part thereof without the seller’s consent.
4. The seller is not responsible for errors arising from third-party interference with the online store or from its use contrary to its intended purpose. When using the online store, the buyer must not use procedures that could negatively affect its operation and must not perform any activity that could enable them or third parties to unlawfully interfere with or unlawfully use the software or other components forming the online store, or to use the online store or its parts or software in a manner that would be contrary to its designation or purpose.
5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
6. The seller may unilaterally change or supplement the wording of the terms and conditions, with any changes to the terms and conditions becoming effective on the day of their publication on the seller’s website or on the day specified as the effective date in the new wording of the terms and conditions. This provision does not affect rights and obligations arising during the validity of the previous wording of the terms and conditions.
7. Annex No. 1 to the terms and conditions is a sample withdrawal from contract form.
8. These general terms and conditions and complaint procedure become effective on 23 August 2021.

Annex No. 1 – Withdrawal from Contract Form