Terms and conditions
General Terms and Conditions
We are the company Agrokaust s.r.o., Revúčka 163, 05001 Revúca, Company ID (IČO): 50750437, VAT ID: SK2120457262
These General Terms and Conditions (“Terms”) govern the rights and obligations of You, as buyers, and Us, as the seller, respectively the trader, within contractual relationships concluded through distance communication, specifically through the E-shop on the website www.noelgrave.com.
All information about the processing of Your personal data is contained in the personal data processing policy, which you can find here /obchodne-podmienky/
As you certainly know, we communicate primarily remotely. Therefore, our Contract also applies that the 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 contradicts what we have jointly approved within the process of Your Order on Our E-shop, that specific agreement shall take precedence over these Terms.
Some definitions
Digital performance is everything that you can purchase on the E-shop by concluding a Contract for the provision of digital performance 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 such data.
Price is the financial amount that You will pay for the Goods;
Delivery price is the financial amount that You will pay for the delivery of the Goods, including the price for its packaging, transport, postage or other fees;
Total price is the sum of the Price and the Delivery price, any additional costs and fees, if these could not be determined in advance;
VAT is value added tax according to applicable legal regulations;
E-shop is the online store operated by Us at www.noelgrave.com where the purchase of Goods will take place;
Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total price;
We are the company Agrokaust s.r.o., with registered office at Revúčka 163, 05001 Revúca, Company ID 50750437, registered in the Commercial Register kept by the District Court Commercial Register of the District Court Banská Bystrica, section: Sro, file no. 31517/S, e-mail patrik.podobnik@agrokaust.com, telephone number 0911502163, referred to by legal regulations as the seller and/or trader; For the avoidance of doubt, we are not the operator of an online marketplace, and therefore we are not persons who operate and provide an online marketplace to Consumers, neither directly nor through a third party, and therefore special information obligations under § 16 and § 17 of the Consumer Protection Act do not apply to us.
Order is Your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
Entrepreneur is a person registered in the Commercial Register, conducts business on the basis of a trade license, conducts business on the basis of an authorization other than a trade license under special regulations, or a person who performs agricultural production and is registered in the records under a special regulation.
Consumer is a natural person who, when concluding and performing a consumer contract, does not act within the scope of their business activity or other entrepreneurial activity.
Consumer purchase contract is a purchase contract concluded between the trader as seller and the Consumer as buyer, if the subject of the purchase is any movable thing, including goods with digital elements, water, gas or electricity sold in a limited volume or in a specified quantity, including where the item is yet to be manufactured or produced, including according to the specifications of the Consumer as 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 established on the basis of the data provided by You, which allows the storage of entered data and storage of the history of ordered Goods and concluded contracts or access to and use of Digital content delivered under a Contract for the provision of digital performance;
You are the person purchasing on Our E-shop, referred to by legal regulations as the buyer. If you provide in the order your company identification number (IČO), you acknowledge that the provisions of these Terms that are specifically intended for Entrepreneurs as well as the mutually agreed conditions between us shall apply to you, while you still have, within the limits of relevant legal regulations, the right to full protection against unfair and aggressive commercial practices and against misleading actions and misleading omissions;
Contract is the purchase contract agreed on the basis of a duly completed Order sent via the E-shop, and is concluded at the moment when you receive the Order confirmation from Us. A Contract is also a contract for the purchase of goods 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 specifically to a contract for the purchase of goods with digital elements or to a contract for the provision of digital performance, such special regulation applies only to Goods and/or Digital performance provided under the given type of contract.
Distance contract is a contract between a trader and a Consumer agreed and concluded exclusively by means of one or more means of distance communication without the simultaneous physical presence of the trader and the Consumer, in particular using an online interface, e-mail, telephone, fax, addressed letter or offer catalogue (“Contract”).
Civil Code is Slovak Act No. 40/1964 Coll., as amended.
Consumer Protection Act is Slovak Act No. 108/2024 Coll. on consumer protection and on the amendment and supplementation of certain laws.
General provisions AND INFORMATION
Purchase of Goods is possible only through the web interface of the E-shop.
When purchasing Goods, it is Your obligation to provide Us with all information correctly, completely and truthfully. We will therefore consider the information that You provided to Us when ordering the Goods as correct, complete and truthful.
Conclusion of the contract
The Contract with Us can be concluded only in the Slovak and English language.
The Contract is concluded remotely through the E-shop, while the costs of using the means of communication that You use when concluding the Distance Contract are borne by You. These costs do not increase the Total price of the Goods, nor do they differ in any way from the basic rate that You pay for using these means (i.e. in particular for internet access); therefore, you should not expect any additional costs charged by Us beyond the Total price. By sending the Order, you agree to the use of means of distance communication.
In order for us to conclude the Contract, it is necessary that You create a draft Order on the E-shop. This draft must include the following data:
Information about the purchased Goods (on the E-shop you mark the Goods you are interested in purchasing by pressing the “Add to cart” button);
Information about the Price, Delivery price, VAT, method of payment of the Total price and the required method of delivery of the Goods; this information will be entered during the creation of the draft Order within the user environment of the E-shop, while information about the Price, Delivery price, VAT and Total price will be automatically stated by Us in the draft Order based on the Goods selected by You and the method of its delivery;
Your identification details serving so that we can 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 check the data until the Order is created.
After performing the check by pressing the “Order with obligation to pay” button, you create the Order. Before pressing the button, however, you must also confirm that you have duly familiarized yourself with the Terms and that you express your consent with them, otherwise it will not be possible to create the Order. A checkbox serves for confirmation and consent. After pressing the “Order with obligation to pay” button, all filled 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 a message sent to Your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order from our side, the Contract between Us and You is concluded. The Terms in the wording effective on the day of ordering form an inseparable part of the Contract.
There may also be cases when we will not be able to confirm the Order. This concerns in particular situations where the Goods are not available or cases where you order a larger number of pieces of Goods than is allowed by us. However, we will always provide you in advance within the E-shop with information about the maximum number of pieces of Goods, and thus it should not be surprising to you. If any reason arises for which 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 within the E-shop or in the draft Order an obviously incorrect Price is stated, especially due to a technical error, we are not obliged to deliver the Goods to you at that Price even in the case when you received an Order confirmation and thus the Contract was concluded. In such a situation, we will contact you without undue delay and in such a case we will be entitled to withdraw from the Contract, while we will send this withdrawal from the Contract to you together with an offer to conclude a new Contract in a modified form compared to the Order. A new Contract is in such a case concluded at the moment when You confirm Our offer. If you do not confirm Our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price clearly does not correspond to the usual price with other sellers at the time of creating the Order or a digit is clearly missing or extra in the Price.
In the event that the Contract is concluded, you incur an obligation to pay the Total price.
Pricing and payment terms, retention 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 draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Contract. The draft Order also states the Delivery price, or the conditions when delivery is free of charge.
The Total price pursuant to point 1.4 is stated including VAT, including all fees set by special legal regulations.
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:
By card online. In that case, the payment takes place through the Shoptet pay payment gateway, while the payment is governed by the terms of this payment gateway, which are available at: shoptet.sk. In the case of payment by card online, the Total price is due within 24 hours.
The invoice will be issued in electronic form after the payment of the Total price and will be sent to Your e-mail address provided in the Order. The invoice will also be physically attached to the Goods.
Ownership right to the Goods passes to You only after you pay the Total price and the Goods are 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 moment of making the payment.
Delivery of goods, transfer of the risk of accidental destruction and accidental deterioration AND LOSS of the subject of purchase
The Goods will be delivered to you in the manner of your choice, while you can choose from the following options:
by e-mail.
We are obliged to deliver the Goods to you without undue delay, however 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 when the person designated by you takes them over, or when we hand them over to the carrier whom you have engaged outside the transport options we offered you. If the Goods require installation or assembly by Us, the Goods are considered delivered only upon completion of the assembly or installation. Goods with digital elements are considered delivered at the moment when the relevant digital content or digital service is made available to you for download and installation, or if it concerns continuous delivery of digital content or provision of a digital service during the agreed period, at the moment of the start of making it available to you.
When fulfilling the Contract, circumstances may arise that will affect the delivery date of the Goods you ordered. We will inform you by e-mail without undue delay about the change of the delivery date and the new expected delivery date of the ordered Goods, while your right to withdraw from the Contract is not affected thereby. Our notice about the new delivery date of the Goods also includes Our request addressed to you to state whether you insist on the delivery of the Goods you ordered on the new date. In the case of personal pickup at Our premises, we will always inform you about the possibility of picking up the Goods by e-mail.
When taking over the Goods from the carrier, it is Your obligation to check the integrity of the packaging of the Goods and in the case of any damage to notify the carrier and Us without undue delay. If there is damage to the packaging indicating unauthorized handling and entry into the shipment, you are not obliged to take over the Goods from the carrier.
You are obliged to take over the Goods at the agreed place and time. If you do not take over the delivered Goods according to the previous sentence, we will notify you by e-mail where you can take over the Goods, including the period for taking them over, or we will redeliver the Goods to you upon your written request sent no later than 14 days from when you were supposed to take over the Goods, while you undertake to reimburse us all costs associated with the redelivery of the Goods at your request. In the case where you breach your obligation to take over the Goods, except for cases under point 6.4 of these Terms, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not take over the Goods is not a reason for withdrawal from the Contract between Us and you. If you do not take over the Goods even within the additional period, We acquire the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day when we deliver this withdrawal to you. Withdrawal from the Contract does not affect the claim for compensation for damage incurred in the amount of actual costs for an attempt to deliver the Goods at your request, or any other claim for damages, if it arises.
If, for reasons arising on your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is your obligation 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 you to your e-mail address stated in the Contract and are due within 14 days from the delivery 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 case when you do not take over the Goods or you refuse to take them over, except for cases under point 4.5 of these Terms, the risk of accidental destruction and accidental deterioration and loss of the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your side the takeover did not occur. The transfer of the risk of accidental destruction and accidental deterioration and loss of the Goods means for you that from this moment you bear all consequences associated with the loss, destruction, damage or any depreciation of the Goods.
Rights arising from liability for defects
Introductory provision on liability for defects
If you are an Entrepreneur, we undertake that we will deliver the Goods to you in the agreed quality, quantity and without defects.
If you are a Consumer, we undertake that we will deliver the Goods to you in accordance with the general requirements under § 617 of the Civil Code and the agreed requirements under § 616 of the Civil Code presented properties of the Goods ordered by you on Our E-shop or in Our promotional materials in relation to the delivered Goods, and without defects. The Goods do not have to be in accordance with the general requirements under § 617 of the Civil Code if, when concluding the Contract, we explicitly informed you that a certain property does not correspond to such general requirements and you expressly and separately agreed to this.
The sold Goods are in accordance with the general requirements under § 617 of the Civil Code if:
it is suitable for all purposes for which Goods of the same type are commonly used, taking into account in particular legal regulations, technical standards or codes of conduct applicable to the relevant sector, if technical standards have not been developed;
it corresponds to the description and quality of the sample or model that we made available to you before concluding the Contract;
it is delivered with accessories, packaging and instructions including instructions for assembly and installation that you can reasonably expect;
d) it is delivered in the quantity, quality and with properties including functionality, compatibility, safety and the ability to retain its functionality and performance (service life) during normal use, which are common for Goods of the same type and which you can reasonably expect given the nature of the sold Goods, taking into account any of our public statement or public statement of another person in the same supply chain including the manufacturer, or on their behalf, in particular in the promotion of the Goods or on its labeling, while the manufacturer is considered to be the producer of the Goods, the importer of the Goods on the European Union market from a third country or another person who identifies themselves as the manufacturer by placing their name, trademark or other distinguishing mark on the Goods. We are liable for defects that the Goods have upon delivery within the scope of Our commitment stated in Art. 7.1.1. or 7.1.2. of these Terms.
If you are an Entrepreneur, we are not liable for defects of the Goods in the following cases:
if you were instructed about existing defects or you had to know about the defects based on the circumstances of concluding the Contract and these defects are not in contradiction with the agreed properties of the Goods;
if defects of the Goods arose after you took over the Goods, provided that the defects did not arise by breach of Our obligations or you had the opportunity to take over the Goods pursuant to Art. 6 of these Terms and without legal reason you refused to take over the Goods or you did not take over the Goods;
if you did not complain about obvious defects of the Goods in time pursuant to Art. 7.3.1. of these Terms;
if you did not complain about hidden defects of the Goods in time pursuant to Art. 7.3.2. of these Terms;
in the case of used Goods, we are not liable for defects caused by their use or wear. In the case of Goods sold at a lower price, we are not liable for defects for which a lower price was agreed.
If you are a Consumer, we are not liable for defects and properties of the Goods in cases if:
you did not complain about defects of the Goods in time within the period specified in point 7.4.1. of these Terms;
the properties of the Goods do not correspond to the general requirements under § 617 of the Civil Code, while you were clearly instructed by us in writing about this fact and you separately expressed explicit written consent with the stated non-conformity;
it concerns a contract for the purchase of Goods with digital elements or a contract for the provision of digital performance
and defects of the Goods arose as a result of incorrect installation or failure to install the necessary updates, if we ensured delivery of such updates to you, informed you about their availability and the consequences if you do not install them;
and the failure to install or incorrect installation of the necessary updates as a result of which defects arose on the Goods 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 to run from the moment of taking over the Goods by you.
If the Goods are replaced, the warranty period begins to run again from the taking over of the new Goods by you.
Your rights arising from liability for defects of the Goods for which the warranty period applies expire if you do not exercise them within the warranty period. However, rights arising from liability for defects in the case of Goods that spoil quickly must be exercised no later than the day following the purchase, otherwise your rights expire.
The sold Goods have defects if they are not in accordance with the agreed requirements and general requirements under the points above or if their use is prevented or limited by rights of a third party including intellectual property rights. We guarantee that at the time of transfer of the risk of accidental destruction and accidental deterioration and loss of the Goods pursuant to point 6.8 of the Terms, the Goods are free of defects, in particular that:
it corresponds to the description, type, quantity and quality and has properties that we agreed with you, and if they were not expressly agreed, then those that we stated when describing the Goods, or those that can be reasonably expected given the nature of the Goods;
it is suitable for the purposes that we stated or for the purposes that are usual for Goods of this type and is functional;
it has 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 sold Goods, hardware or software (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);
it is delivered with all accessories and instructions, if so agreed with you in the Contract;
updates defined in the Contract are delivered, if it is Goods with digital elements.
It is Your obligation to notify and complain about the defect without undue delay after you could have discovered it, however no later than within 3 days from taking over the Goods.
You are obliged to exercise the right arising from liability for other (hidden) defects in the manner according to point 7.5.1. below without undue delay after you discovered the defect on the Goods, however no later than until the expiry of the warranty period.
If the Goods are delivered to you in a broken or damaged packaging or the shipment is obviously too light, we ask you not to take over such Goods from the transport company and to notify us of this fact without undue delay at telephone number 0911502163 or by e-mail at patrik.podobnik@agrokaust.com. In the event of finding obvious defects (e.g. mechanical damage), you are obliged to file a complaint without undue delay in the manner according to point 7.5.1. below. We will not take into account a complaint made later due to obvious defects of the Goods, including a defect consisting in incompleteness of the Goods.
The warranty applies to all defects of the Goods described in point 7.2. and/or in contradiction with our commitment in point 7.1.1a. of these Terms.
You are not entitled to exercise the right arising from liability for a defect in the event that we are not liable for defects pursuant to point 7.1.5. of these Terms or pursuant to the legal regulation valid and effective at the time of concluding the Contract or if you knew about the defect before taking over the Goods, respectively we warned you about it or for that reason you were provided with an adequate discount from the Price of the Goods.
You are entitled to exercise your rights arising from liability for defects that occur on the taken over Goods within 2 months from discovering the defect, however no later than within 24 months from delivery of the Goods. If the subject of the purchase is Goods with digital elements for which digital content is to be delivered or a digital service is to be provided continuously during the agreed period, we are liable for every defect of the digital content or digital service that occurs or manifests during the entire agreed period, however at least during 2 years from delivery of the Goods with digital elements.
If the Goods are delivered to you in a broken or damaged packaging or the shipment is obviously too light, we recommend that you do not take over such Goods from the transport company and notify us of this fact without undue delay at telephone number 0911502163 or by e-mail at patrik.podobnik@agrokaust.com. If you decide to take over such a shipment, it is necessary to check the shipment in the presence of the carrier and ensure that no items of the 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 draw up with the carrier a Damage Report or complain about such deficiency in the carrier’s handover protocol.
In the event of additional discovery of obvious defects after taking over the Goods (e.g. mechanical damage, missing Goods or its items, incorrect Goods or its items), we ask you to file a complaint without undue delay in the manner according to point 7.5.1. below. We are entitled to refuse a later complaint due to obvious defects of the Goods, including a defect consisting in incompleteness of the Goods.
You are not entitled to exercise the right arising from liability for defects in the event that we are not liable for defects pursuant to point 7.1.6. of these Terms or pursuant to the legal regulation valid and effective at the time of concluding the Contract.
You are entitled to exercise the right arising from liability for defects in the manner according to point 7.5.1. and within the period stated in point 7.4.1 of these Terms.
Exercising the right arising from liability for defects (complaints)
In the event that the Goods have a defect, i.e. in particular if one of the conditions according to point 7.1 5.1.. is not met, you can notify Us of such defect and exercise the rights arising from liability for defects (i.e. complain about the Goods) by sending an e-mail or letter to Our addresses stated in Our identification details, or in person at Our premises, the list of which is available on our website. For complaints, you may also use the sample form provided by Us, which forms Annex No. 1 of these Terms.
In your notice by which you exercise the complaint, state in particular the description of the defect of the Goods and Your identification details, including the e-mail to which you wish to receive notification of the method of handling the complaint, and also state which of the claims arising from liability for defects, specified in points .7.6.3. to .6.8., you exercise.
When exercising the complaint, also submit to us proof of purchase of the Goods (invoice), for the purpose of proving its purchase from Us, otherwise we are not obliged to accept your complaint.
We consider the day of exercising the complaint to be the day of delivery of the defective Goods together with the relevant documents (according to point 7.5.3). If your submission by which you exercise the complaint is incomplete (in particular illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will request from you in writing, in particular by e-mail, supplementation of the submitted complaint. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.
When your complaint or your supplementation of the submitted complaint is delivered to us, we will issue to you without undue delay a written confirmation of acceptance of the complaint, respectively confirmation of the complaint of the defect. In the confirmation, we will state the shortest possible period determined according to point 7.6.1., within which we will remove the complained defect of the Goods.
If you do not supplement the submitted complaint pursuant to point 7.5.4. of this article without undue delay, no later than within 10 days from the date of delivery of Our request pursuant to point 7.5.4. of this article, we will consider your submission to be unjustified and if the missing information requested for supplementation is necessary for handling the complaint, we may decide that we will not deal with such incomplete complaint.
Handling of complaints
Based on your decision which of the methods of removal of the defect specified in points 7.6.3. and 7.6.4. to 7.6.8 you exercise, we will remove the defect within a reasonable period 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 seriousness of the defect, and which will not exceed more than 30 days from the date of exercising your complaint, respectively from the date of complaining about the defect. We do not provide a consumer warranty under § 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 disproportionate costs taking into account the Price of the Goods and the seriousness of the defect.
Only in exceptional cases and for objective reasons we may extend the period for removal of the defect stated in the confirmation of acceptance of the complained defect by the shortest time necessary to remove the defect. We will inform you in writing about such extension of the period for removal of the defect.
If it concerns a defect that we can remove by repair, you have the right for the defect to be repaired free of charge, in time and properly at Our expense.
Instead of removing the defect by repair, you may request replacement of the Goods.
Instead of removing the defect of the Goods by repair, we may always replace the defective Goods with defect-free Goods, if this does not cause you serious difficulties.
After expiry of the period for removal of the defect, you have the right to an adequate discount from the Price of the Goods or you may withdraw from the Contract. You also have the same rights in cases if we do not repair the defect or do not replace the Goods, we refuse to repair or replace the Goods due to the fact that neither repair nor replacement is possible or would require disproportionate costs, the Goods continue to have the same defects despite repair or replacement, or we inform you that the defect cannot be repaired or the Goods cannot be replaced within a reasonable period or without causing you serious difficulties. The discount from the purchase price must be adequate to the difference between the value of the sold Goods and the value that the Goods would have if they were without defects. We will refund the purchase price or pay out the discount from the purchase price to you in the same manner that you used to pay the purchase price, unless we expressly agree on another method of payment. We bear all costs associated with the payment.
You cannot withdraw from the Contract pursuant to point 7.6.6 if you contributed to the occurrence of the defect or if the defect is negligible. If the Contract concerns multiple Goods, you may withdraw from the Contract only in relation to the defective Goods. In relation to the other Goods, you may withdraw from the Contract only if it cannot reasonably be expected that you will be interested in keeping the other Goods without the defective Goods.
If it concerns a defect of the Goods that cannot be removed and that prevents you from properly using the Goods as defect-free Goods, you have the right to replacement of the Goods or you have the right to withdraw from the Contract. You have the same rights also if it concerns removable defects, but due to repeated occurrence of the defect after repair or due to a larger number of defects you cannot properly use the Goods.
We will handle your complaint, respectively complaint of the defect, by handing over repaired Goods, replacing the Goods, paying out an adequate discount from the Price of the Goods or by a written reasoned refusal of liability for defects, i.e. refusal of your complaint.
If you are a Consumer, the exercising of rights arising from liability for defects of the Goods is governed by § 619 et seq. of the Civil Code and the Consumer Protection Act. No. “).
If we refuse liability for defects, respectively refuse your complaint, you have the right to turn to an accredited person, authorized person or notified person (e.g. an expert, authorized, accredited or notified person, authorized service, scientific institution, etc.) to provide you with an expert opinion or professional statement by which you prove Our liability for defects of the Goods.
In the event that you prove our liability for defects of the Goods pursuant to point 7.8, you have the possibility to complain about defects of the Goods repeatedly, while it applies that we cannot refuse this liability and therefore we will be obliged to deal with your complaint again.
We bear the costs related to obtaining the expert opinion or professional statement pursuant to point 7.8 of these Terms, however you must exercise them with Us no later than within 2 months from handling the repeated complaint.
Withdrawal from the contract
Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in the manners stated in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
If you are a Consumer, you have in accordance with § 20 of the Consumer Protection Act the right to withdraw from the Contract without stating a reason within 14 days from the day of taking over the Goods, respectively conclusion of the Contract whose subject is provision of a service, respectively conclusion of the Contract for delivery of digital content that we deliver otherwise than on a tangible medium. If we concluded a Contract whose subject is several types of Goods or delivery of several parts of Goods, this period begins to run only on the day of taking over the last part of the Goods, and if we concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it begins to run on the day of taking over the first delivery. You may withdraw from the Contract in any provable manner (in particular by sending an e-mail or letter to Our addresses stated in Our identification details in the Terms). For withdrawal you may also use the sample form provided by Us, which forms Annex No. 2 of the Terms. You are entitled to withdraw from the Contract only in relation to a specific Goods or Goods if we delivered or provided several Goods under the Contract. The effects of withdrawal from the Contract also apply to any supplementary contract to the Contract; this does not apply if we expressly agree otherwise. After receiving the notice of withdrawal from the Contract, we will provide you by e-mail or on a durable medium without undue delay Our confirmation of its receipt.
If you are a Consumer and we do not deliver the Goods to you in time, you are entitled to withdraw from the Contract even without providing an additional reasonable period pursuant to § 517(1) of the Civil Code if (i) we refuse to deliver the Goods to you, (ii) timely delivery was exceptionally important given all circumstances of concluding the Contract, (iii) you informed us before concluding the Contract that timely delivery is exceptionally important.
However, even as a Consumer you cannot withdraw from the Contract in cases where the subject of the Contract is:
provision of a service, if the service has been fully provided and provision of the service began before expiry of the withdrawal period with your express consent and at the same time you declared that you were duly instructed that by expressing consent you lose the right to withdraw from the Contract after full provision of the service, if under the Contract you are obliged to pay the Price;
sale of Goods whose Price depends on the movement of prices on the financial market that we cannot influence and which may occur during the withdrawal period;
sale of alcoholic beverages whose Price was agreed at the time of concluding the Contract, while their delivery can be carried out at the earliest after 30 days and their Price depends on the movement of market prices that we cannot influence;
sale of Goods that were made according to your specifications or that were made for you to measure;
sale of Goods that are subject to rapid reduction in quality or spoilage and Goods that after delivery were inseparably mixed with another;
sale of Goods sealed in protective packaging that is not suitable to be returned for health protection or hygiene reasons and whose protective packaging was broken after delivery;
sale of sound recordings, visual recordings, audiovisual recordings or software sold in protective packaging, if after delivery of the Goods the original packaging was broken;
sale of periodical press with the exception of sale based on a subscription contract;
delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior express consent before expiry of the withdrawal period and We informed you that you do not have the right to withdraw from the Contract.
The withdrawal period under Art. 6.2. of the Terms is considered observed if within its course (however no later than on its last day) you send to Us a notice that you withdraw from the Contract.
In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the date of delivery of the withdrawal notice to your bank account from which it was credited, or to your bank account chosen in the withdrawal from the Contract. However, the amount will not be refunded earlier than you return the Goods to Us or prove that it was sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
In the event of withdrawal from the Contract under Art. 6.2. of the Terms, you are obliged within 14 days from withdrawal to send the Goods to Us, hand over the Goods to Us or to 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 that we will pick up the Goods personally or through a person authorized by Us. The period is observed if the Goods were handed over for transport no later than on the last day of the period. You, on the other hand, have the right for us to refund the Delivery price, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for delivery of the Goods. What is stated in the first sentence of this point also applies to the return of the tangible medium on which Digital performance was delivered to you under the Contract for the provision of digital performance. After your withdrawal from the Contract for the provision of digital performance, we are also entitled to prevent you from further use of the Digital performance, in particular by restricting access to the Digital performance or by canceling your user account. If the subject of the Contract from which you withdraw is provision of a service, you are obliged to pay us the Price for the actually provided performance up to the day of delivery of the withdrawal notice, if before providing the performance you granted express consent to start providing the service.
You are liable for damage in cases where the Goods will be damaged as a result of your handling of it otherwise than is necessary to handle it with regard to its nature and properties. In such a case, we will invoice you the caused damage after the Goods are returned to Us, and the due date of the invoiced amount is 14 days.
We are entitled to withdraw from the Contract due to sold-out stock, unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Contract has stopped production or made serious changes that made it impossible to realize fulfillment of Our obligations under the Contract, or due to force majeure, or if even with the exertion of all Our effort that can be fairly required from Us, we are not able to deliver the Goods to you within the period specified by 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 notice of withdrawal from the Contract. We will return to you the paid Total price for the Goods in the same manner in which you paid the Total price, while this does not affect the right to agree with you on another method of refund, if no additional fees will be charged to you in connection with this.
We are entitled to withdraw from the Contract also in the case if you did not take over the Goods within 5 working days from the day when your obligation to take over the Goods arose.
Submission of suggestions and complaints
As a Consumer, you are entitled to submit suggestions and complaints in writing, namely by e-mail to: patrik.podobnik@agrokaust.com.
We will inform you about the assessment of the suggestion or complaint by e-mail sent to your e-mail.
The supervisory authority is in particular the Slovak Trade Inspection (SOI), SOI Inspectorate for the Banská Bystrica Region, with registered office: Dolná 179/46, 974 01 Banská Bystrica, Slovakia, tel. no. +421 48 412 49 69
A suggestion for performing an inspection, if you are not satisfied with the handling of your suggestion or complaint, can also be submitted electronically through the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.
Alternative dispute resolution with consumers
You have the right to contact Us with a request for remedy, namely by e-mail sent to: patrik.podobnik@agrokaust.com, if you are not satisfied with the manner in which we handled your complaint or if you believe that we violated your rights. If we respond to your request negatively or do not respond to it within 30 days from its sending, you have the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity (“Entity”) according to Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on the amendment and supplementation of certain laws, as amended (“Act on alternative dispute resolution”).
Entities are authorities and authorized legal persons under § 3 of the Act on alternative dispute resolution 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.
You may submit the proposal in the manner specified under § 12 of the Act on alternative dispute resolution.
Furthermore, you have the right to start out-of-court dispute resolution online through the ODR platform available on the website https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, respectively https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
Final provisions
We will deliver all written correspondence to you electronically by e-mail. Our e-mail address is stated in Our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User account or through which you contacted us.
The Contract can be amended only on the basis of our written agreement. However, we are entitled to change and supplement these Terms; this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effectiveness of this change. We will inform you about the change only in the case that you have created a User account (so that you have this information in case you order new Goods; however, the change does not establish the right of termination, since we do not have a concluded Contract that could be terminated), or we are to deliver Goods to you regularly and repeatedly under the Contract. Information about the change will be sent to your e-mail address at least 14 days before the effectiveness of this change. If we do not receive from you within 14 days from sending the information about the change a termination of the concluded Contract for regular and repeated deliveries of Goods, the new terms become part of our Contract and will apply to the next delivery of Goods following the effectiveness of the change. The notice period in the case you submit termination is 2 months.
In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we do not bear liability for damage caused as a result of or in connection with cases of force majeure or unforeseeable events, and if this condition lasts for a period longer than 10 days, both We and You have the right to withdraw from the Contract in writing.
An inseparable annex to the Terms is the sample complaint form (Annex No. 1) and the sample withdrawal form together with instructions (Annex No. 2).
The Contract including the Terms is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and Order confirmations with the Order summary by e-mail and thus you will always have access to the Contract even without Our assistance. We recommend always saving the Order confirmation and the Terms.
No codes of conduct under § 2 letter I) of the Consumer Protection Act apply to Our activity.
These Terms become effective on 20.1.2026.
Digital content -
1. Functionality of digital content and technical protection measures
Digital content is provided in the form of an electronic PDF file (e-book). The functionality of the digital content consists mainly in the possibility of opening, reading and saving it in commonly available PDF readers.
The PDF e-book may contain adequate technical protection measures serving to protect copyright, especially a watermark, protection against copying or other restrictions preventing unauthorized distribution.2. Compatibility of digital content with hardware and software
The PDF e-book is compatible with commonly available hardware and software, especially computers, tablets and mobile devices equipped with a current PDF viewer (e.g. Adobe Acrobat Reader or similar software).
The Entrepreneur is not liable for the non-functionality of the PDF e-book caused by an incompatible device, outdated or non-updated software, or interventions of third parties into the consumer’s device.3. Copyright and license
The PDF e-book is protected by copyright. By purchasing the PDF e-book, the consumer acquires a non-exclusive, non-transferable license to use it exclusively for their own personal use.
The consumer is not authorized to reproduce, distribute, make available to third parties, sell, lend, modify or otherwise commercially use the PDF e-book in any way without the prior written consent of the entrepreneur.Annex No. 1 – Complaint Form
Addressee: Agrokaust s.r.o., Revúčka 163, 05001 Revúca
Submission of a complaint
Completed by the Consumer
Name and surname:
Residential address:
Completed by the Entrepreneur – natural person
Business name:
Residential address / Registered office:
Company ID / Registration
Completed by the Entrepreneur – legal entity
Business name:
Registered office of the legal entity:
Company ID / 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:
Order date:
Date of taking over the goods:
Goods being complained about (name and code):
Description and scope of defects of the goods:
As a customer of the seller, I request that my complaint be handled in the following manner:
I wish to have the money returned to a bank account (IBAN) / in another manner
Attachments:
Date: