Terms & Conditions

Terms and conditions of tutifruti.sk e-shop

Content:

I. Basic information

II. General provisions

III. Subject matter of the contract

IV. Order

V. Order cancellation

VI. Withdrawal from the purchase contract by the buyer

VII. Delivery terms

VIII. Price and payment terms

IX. Complaints

X. Privacy Policy

XI. Final Provisions[MK1] 

I. BASIC DATA

Merchant:

Tutifruti Ltd.

with registered office at Dolná ulica 77/3, 922 02 Krakovany, ID No.: 55 081 207

registered in the Commercial Register of the District Court of Trnava, Section: Sro, Insert No: 52953/T

VAT NUMBER: 2121862336

Contact details - phone: +421902519100, email: shop@tutifruti.sk, shop@tutifruti.at

Contact for non-cash payments: Fio banka a.s., IBAN: SK90 8330 0000 0023 0243 8197 , SWIFT: FIOZSKBAXXX

Supervisory authority:

Slovak Trade Inspection Authority

SOI Inspectorate for the Trnava Region

Pekárska 23, 917 01 Trnava

Supervision Department

II. GENERAL PROVISIONS

General terms and conditions regulate the rights and obligations of the trader and the buyer in the sale of goods under a distance contract.

2. A distance contract is a contract between the trader and the buyer agreed and concluded exclusively by means of distance communication without the simultaneous physical presence of the trader and the buyer, in particular by means of a website, electronic mail, telephone, fax, mailing list or offer catalogue.

3. The General Terms and Conditions form an integral part of the distance contract and may only be amended with the express consent of both parties. By placing an order, the buyer accepts the General Terms and Conditions.

4. A consumer is a natural person - a buyer who does not act within the scope of his business, employment or profession when concluding and performing a contract with a trader.

5. The Merchant shall deliver the goods published on its website https://www.tutifruti.sk/ on the basis of an electronic order and the Buyer's specification (order received via electronic mail) on the form available at the first registration of the Buyer in the online store on the Merchant's website.

6. Due to the nature of the goods offered for sale by the trader on its website, the trader is subject to the obligations under Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on plant protection measures against plant pests, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC. Further information on the current EU bans, restrictions and phytosanitary rules is available here: https://www.uksup.sk/odbor-ochrany-rastlin. 

III. SUBJECT OF THE CONTRACT

1. The subject of the contract are the products listed in the e-shop offer on the website https://www.tutifruti.sk/. The main characteristics of the goods, such as weight, dimensions or other data, as well as the price of the goods, including value added tax, are specified for each item of goods in the online shop on the merchant's website.

2. The trader undertakes to deliver to the buyers: goods without defects in accordance with the specification or with the characteristics usual for the type of goods, goods complying with the standards, rules and regulations in force in the Slovak Republic.

IV. ORDERING

1. The Buyer may order goods

a) via the e-shop on the website https://www.tutifruti.sk/ as a registered or non-registered customer (as a guest). The Buyer who wishes to register is obliged to fill in the registration form with his first name, surname, billing address, e-mail and telephone number. The delivery address is provided if it is different from the billing address. In the case of a natural person-entrepreneur or a legal entity, the purchaser is obliged to fill in the business name, registered office/place of business, VAT number, VAT number and VAT number, if assigned;

b) by e-mail to shop@tutifruti.sk, whereby the e-mail must include: first name, surname, billing address, telephone number, product name and quantity requested. In the case of a natural person-entrepreneur or a legal entity, the buyer is obliged to indicate the business name, registered office/place of business, VAT number, VAT number and VAT number, if assigned to the buyer. The delivery address shall be indicated if it differs from the billing address 

2. By confirming the order, the Buyer confirms the truthfulness and accuracy of the data provided to him[MK2] .

3. When purchasing via the online shop, the goods must first be placed in the shopping cart. The goods in the shopping cart can be freely manipulated by the buyer until the order is shipped.

4. The purchase contract on the basis of which the sale of goods by the merchant to the buyer is carried out is based on a binding order confirmation. An e-mail confirmation is considered binding if it is made after the electronic order has been sent (confirmation of the receipt of the order in the system is not considered binding). The contact necessary to confirm the order is generally made by the trader after verification of the availability and delivery date of the requested goods. An order (or part thereof) confirmed by the trader is considered binding for both parties unless there is a breach of the terms and conditions agreed at the time of confirmation. Essential terms and conditions are mainly the content of the order (exact specification of the goods and their quantity), the price for the goods and transport, the method and date of delivery.

5. After creating an order in the e-shop, an e-mail is automatically generated to the buyer confirming the acceptance of the order by the e-shop. By sending the order, the Buyer is obliged to pay the purchase price of the ordered goods, unless the parties agree otherwise. If the Buyer has chosen in the order the payment method "Bank transfer in advance" (the Buyer shall pay by bank transfer to the Merchant's account after creating the order according to the instructions specified below) or "Payment by card" (the Buyer shall pay after creating the order via the TrustPay payment gateway), the Buyer is obliged to make the payment based on the data displayed immediately after creating and sending the order.

6. Once the payment has been registered, the merchant is obliged to send the tax document to the buyer, in the form of an automated email from the system. In case the merchant does not record the payment by the buyer based on the method within 3 days from the creation of the order, the merchant will send an automatic notification to the buyer. If the trader does not receive payment from the buyer for his order even after sending the automatic notification, the trader is entitled to withdraw from the purchase contract and cancel the received order.

V. ORDER CANCELLATION

1. The Buyer has the right to cancel an order for goods that are included in the standard offer of the Merchant within 24 hours of the order being placed, without any charge. After this period, the Buyer has the right to cancel the order only if the Merchant fails to meet the agreed delivery conditions. In the event of cancellation of the order beyond the above, the buyer is obliged to compensate the merchant for the damage caused by this action. The trader shall claim damages especially in the case of the purchase of goods "to order", which had to be procured at the buyer's request or in the event that demonstrable costs have already been incurred in connection with the securing of the goods. The cancellation fee may be up to 50% of the total price of the goods.

2. Cancellation of an order by the trader - the trader reserves the right to cancel an order or part of an order if it is unable to fulfil the order or part of an order within the time limit for processing the order with best endeavours, and in particular, but not exclusively, for the following reasons:

(a) the order could not be confirmed in a binding manner (incorrect telephone number, unavailable buyer, buyer does not respond to emails, etc.), 

b) the goods are no longer manufactured or delivered or the price of the supplier of the goods has changed significantly,

c) the goods are not available from the manufacturer or from the supplier's external warehouse,

d) the manufacturer has made such significant changes to the goods that the order cannot be fulfilled,

(e) the trader mistakenly quotes in the offer of the goods (for example, as a result of a system error or a clerical error) a price for the goods which is manifestly and objectively unreasonably low compared to the price at which the same goods are normally sold at the time, and the fact that the quoted price is unreasonably low must have been objectively apparent to the buyer (an unreasonably low price is a price for goods which is manifestly below even the minimum economically justifiable cost of purchasing the same goods at the time). 

3. In the event of cancellation of the order by the trader, the trader will immediately contact the buyer in order to agree on the next course of action. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the account indicated by the Buyer within fourteen (14) days of the binding confirmation of the order (see Article IV, point 4 of these Terms and Conditions).

VI. WITHDRAWAL FROM THE PURCHASE CONTRACT

In accordance with the provisions of § 19 et seq. of Act No. 108/2024 Coll. [MK3] on Consumer Protection and on Amendments and Additions to Certain Acts (hereinafter referred to as the "Consumer Protection Act"), the buyer, who is a consumer, has the right to withdraw from the contract, in accordance with the following instruction. 

INSTRUCTION ON EXERCISING THE CONSUMER'S RIGHT OF WITHDRAWAL 

A. Right of withdrawal

1. The buyer has the right to withdraw from the contract without giving any reason within a period of 14 days. The withdrawal period expires 14 days after the date on which the goods are taken over by the buyer or a third party appointed by the buyer, with the exception of the carrier.

2. When exercising the right of withdrawal, the buyer is obliged to inform the trader of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or by e-mail) to Tutifruti s.r.o., Dolná ulica 77/3, 922 02 Krakovany, telephone:+421902519100, e-mail: shop@tutifruti.sk.[MK4]. 

3. For this purpose, the Buyer may use the sample withdrawal form that was handed over to him or delivered together with the goods. The Buyer may also fill in and send the model withdrawal form or any other unambiguous statement of withdrawal electronically via the website. In this case, the trader will promptly acknowledge receipt of the withdrawal by e-mail.

4. The withdrawal period is preserved if the Buyer sends a notice of exercise of the right of withdrawal before the withdrawal period has expired.

B. Consequences of withdrawal

1. Upon withdrawal from the contract, the trader shall reimburse the buyer for all payments made by him in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of the goods to the buyer. This does not apply to additional costs if the buyer has chosen a delivery method other than the cheapest normal delivery method. Payments will be refunded to the buyer without undue delay, at the latest within 14 days of the date on which the notice of withdrawal is received by the trader. They will be refunded in the same way as payment for the goods, unless the buyer has expressly agreed to a different method of payment, and without any additional charges being levied.

2. Payment for the purchased goods will be made to the Buyer only upon delivery of the returned goods back to the Merchant's address or upon presentation of proof of return shipment, whichever is earlier.

3. The goods must be sent back to the relevant address of the trader no later than 14 days from the date of exercising the right of withdrawal.

4. The direct costs of returning the goods shall be borne by the buyer.

5. The buyer is liable for any diminution in the value of the goods as a result of handling them in a manner other than that necessary to ascertain the nature, characteristics and functionality of the goods. 

C. Impossibility to withdraw from the contract 

The consumer may not withdraw from a contract, the subject of which is: (i) the provision of a service, if the service has been fully provided and the provision of the service has begun before the expiry of the withdrawal period with the consumer's express consent and the consumer has declared that he has been duly informed that by expressing his consent he loses the right to withdraw from the contract once the service has been fully provided, if the contract requires the consumer to pay the price, (ii) the supply or provision of a product the price of which depends on price movements in the financial market which are beyond the trader's control and which may occur during the withdrawal period, (iii) the supply of goods made to the consumer's specifications or custom-made goods, (iv) the supply of goods, (v) the delivery of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons if the protective packaging has been broken after delivery, (vi) the delivery of goods which, by their nature, may be inextricably mixed with other goods after delivery, (vii) the delivery of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, the delivery of which can be made at the earliest after 30 days and the price of which depends on price movements in the market which are beyond the trader's control, (viii) the carrying out of urgent repairs or maintenance during a visit to the consumer's premises which the consumer has expressly requested the trader to carry out; this shall not apply to a contract the subject of which is the provision of a service other than repair or maintenance and to a contract the subject of which is the supply of goods other than a spare part necessary for the performance of the repair or maintenance, where the contracts were concluded during the trader's visit to the consumer and the consumer did not order those goods or services in advance, (ix) the supply of sound recordings, visual recordings, audio-visual recordings or software in protective packaging which has been broken after delivery, (x) the supply of periodicals other than under a subscription contract, (xi) goods purchased at a public auction, (xii) the provision of accommodation services for purposes other than residential purposes, the transport of goods, car hire, the provision of catering services or the provision of services relating to leisure activities, where the contract requires the trader to provide those services at a precisely agreed time or within a precisely agreed period, (xiii) the supply of digital content supplied by the trader otherwise than on a tangible medium, where the supply of the digital content has commenced and the consumer has expressly consented to the commencement of the supply of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract by the commencement of the supply of the digital content, and the trader has provided the consumer with a confirmation pursuant to Article 17(1)(a) of Directive 2004/39/EC, and the trader has provided the consumer with a confirmation pursuant to Article 17(1)(b) of Directive 2004/39/EC. 12(b) or 13(b) of the Consumer Protection Act if the consumer is obliged to pay the price under the contract.

VII. TERMS OF DELIVERY

1. The trader delivers the ordered goods by courier company. 

2. The Buyer acknowledges that the delivered goods are live plants. The trader sends the plants after binding confirmation of the order and in case of payment by card/bank transfer usually the next day after receipt of payment, but at the latest within 5 working days. The trader dispatches the goods within a few days of receipt of the order. Delivery time is usually 1-5 days after receipt of the shipment by the courier company. Goods are shipped year round depending on weather conditions. [MK5] The trader is obliged to pack the goods in such a way as to prevent damage or deterioration of the goods in transit. The buyer is obliged to inspect the goods, especially to check that there is no damage to the packaging and the completeness of the shipment. The trader is not liable for late delivery of the goods.

3. The place of collection is determined on the basis of the Buyer's order. Delivery of the ordered goods to the specified place shall be deemed to be the fulfilment of the delivery. The shipment of goods always includes a tax receipt. If the Buyer [MK6] agrees, the Merchant shall send the tax document electronically to the Buyer's e-mail address exclusively from the Merchant's e-mail address shop@tutifruti.sk. The electronic delivery of the invoice to the Buyer's e-mail address shall be deemed to constitute the submission and delivery of the invoice for services rendered to the Buyer. Delivery of an invoice from an email address other than the above-mentioned email address of the Merchant shall not be deemed to be proper delivery thereof and the Buyer shall notify the Merchant of this fact without delay.

4. The cost of transport of the goods shall be borne by the Buyer. The trader shall differentiate the costs of transport of the goods according to the chosen method of delivery of the goods. The Buyer chooses the specific method of delivery when ordering the goods.

5. The merchant is not liable for late delivery of goods, especially if it was not caused by the fault of the merchant, or was caused by circumstances on the part of the courier service, which the merchant could not control, or the so-called force majeure. The trader is not liable for defects in the goods caused by the buyer, namely damage to plants caused by improper care, improper handling, failure to follow recommended cultivation rules or natural disasters.

VIII. PRICE AND PAYMENT TERMS

1. The prices of the goods listed on the merchant's website are valid at the time of ordering the goods. The prices listed in the trader's printed price list are valid until a new price list is issued. The Merchant reserves the right to make printing errors and to change prices in the event of changes in monetary exchange rates, significant increases in inflation or significant changes in the supply conditions of manufacturers and other suppliers of goods.

2. The purchase price shall be deemed to have been paid by crediting the full purchase price to the Merchant's account or by payment in cash at the Merchant's cash desk.

3. The trader reserves the right of ownership of the goods until the purchase price has been paid in full.

4. The invoice issued on the basis of the purchase contract between the trader and the buyer is at the same time a tax document.

5. The price of the goods shall be plus the price of transport of the goods.

IX. COMPLAINTS

1. The buyer is obliged to inspect the goods immediately after receipt. If mechanical damage to the packaging of the product is detected, the buyer is obliged to inspect the condition of the goods and, in the event of damage, to make a record of the damage in the presence of the carrier. Liability for damage during transport is borne by the carrier as all goods are insured. On the basis of the record made, the buyer will be given a reasonable discount or a new product will be delivered after the conclusion of the damage claim with the carrier.

2. Claims for mechanical damage to the product that was not apparent upon receipt of the shipment must be made immediately upon receipt of the shipment. Later claims for mechanical damage to the product can no longer be accepted. Before first use, the purchaser is obliged to read the warranty conditions, including the operating instructions, and to follow this information strictly thereafter.

3. The buyer is obliged to check the completeness of the packaging upon receipt of the product (personal and non-personal). Upon delivery by a transport service, the buyer must draw up a complaint report on the spot about the incompleteness of the packaging. Upon personal collection, the buyer is obliged to check the contents of the package immediately, additional claims will not be accepted.

4. The warranty does not cover normal wear and tear of the item (or its parts) caused by use. A shorter service life of the product cannot therefore be considered a defect and cannot be claimed.

5. The warranty period for the authenticity of the variety is 2 years. The invoice also serves as a delivery and warranty certificate.

 6. If the goods are not in conformity with the contract of sale upon receipt by the buyer, i.e. if the goods do not have the characteristics corresponding to the purpose for which the goods are used (the so-called contradiction with the contract of sale), the buyer has the right to have the trader put the goods in a condition corresponding to the contract of sale, free of charge and without undue delay, according to the buyer's requirements, either by replacing the goods or by repairing them. If this is not possible, the buyer may demand a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer was aware of the breach of the contract of sale prior to taking delivery of the goods or if the buyer himself caused the breach of the contract of sale. 

7. The buyer is only entitled to exchange the goods if this is not unreasonable in view of the nature and severity of the defect. The authorised service centre shall decide whether the replacement of the goods is reasonable in relation to the nature and severity of the defect in the form of a written assessment of the defect.

8. Liability rights for defects shall be exercised with the trader from whom the item was purchased.

9. When making a claim, the Buyer must send to the trader (i) an e-mail with the identification of the goods, the number of the sales receipt and a description of the defect to the trader's e-mail address: shop@tutifruti.sk or (ii) by mail carrier/courier/personally to the trader's address: Tutifruti s.r.o. Dolná 77/33, Krakovany 92202. The trader will then send the buyer information on the further procedure without undue delay. The buyer is obliged to send the goods to the specified address together with a description of the defect and proof of purchase.

10. If the Buyer is not satisfied with the manner in which the Merchant has handled his/her complaint or believes that the Merchant has violated his/her rights, he/she has the right to contact the Merchant with a request for redress. If the trader or a designated person authorised to assess defects does not comply with the buyer's request under the previous sentence or does not respond to it within 30 days from the date of its dispatch by the buyer, the buyer has the right to file a motion for the commencement of an alternative dispute resolution under the provisions of § 11 (2) in conjunction with § 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts. The competent entity for alternative dispute resolution of consumer disputes with the trader is the Slovak Trade Inspection or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the Ministry's website: http://www.mhsr.sk/), while the buyer has the right to choose which of the above-mentioned alternative dispute resolution entities to turn to. The buyer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/[MK7] to submit a proposal for alternative dispute resolution of his consumer dispute.

X. DATA PROTECTION

1. The data entered during the registration of the buyer are protected under the relevant provisions of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Supplements to Certain Acts and will be used only within the framework of the business relationship between the trader and the buyer.

2. The trader undertakes not to disclose the personal data obtained, which are protected under the relevant provisions of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, to third parties.

3. The Buyer, by his/her consent on the Merchant's website, agrees that he/she can be informed about the news in the Merchant's online shop by e-mail or by phone. [MK8] If the Buyer no longer wishes to receive this information, he has the option to stop receiving it at any time by notification delivered to the Merchant.

XI. FINAL PROVISIONS

1. These General Terms and Conditions shall apply in the wording indicated on the Merchant's website on the date of sending the electronic order, unless otherwise agreed in writing between the parties. By submitting an electronic order, the Buyer accepts without reservation all provisions of the General Terms and Conditions in the wording valid on the date of submitting the order.

2. These terms and conditions apply only to customers of the public e-shop. They do not apply to customers of a private e-shop who are governed by the provisions of the Commercial Code or individual contractual arrangements. Valid from 1.7. 2024.