Üzleti feltételek

These General Terms and Conditions (hereinafter referred to as „GTCs“) apply to purchases in the online shop www.klotinkfit.com, which is operated by:

KlotinkFit s.r.o.
Hurbanova 985
019 01, Ilava
Slovakia

Business ID: 53578813
Tax ID:  2121429398
VAT ID: SK2121429398

Business Register of the District Court Trenčín, Section: Sro, File No. 41411/R

Terms and conditions of the company KlotinkFit s.r.o.

I. Terms and conditions

1. GENERAL PROVISIONS

1.1. The first part of these GTCs (for the purposes of the first part, hereinafter referred to as “these GTCs”) regulates the rights and obligations of the parties to the purchase agreement closed between the Seller, which is Klotinkfit s.r.o. , with its registered office at Hurbanova 985, 019 01 Ilava, Slovak Republic, ID number 53 578 813, registered in the Business Register of the District Court Trenčín, Section: sro, File no. 41411/R (hereinafter referred to as the “Seller”), and the Buyer - consumer, the subject of which is the purchase and sale of goods on the Seller’s website (hereinafter referred to as the “e-shop”) (hereinafter referred to as the “purchase agreement” or “contract”).

Supervisory authority:

Business Register of the District Court Trenčín, Section: sro, File no. 41411/R.

1.2. Pursuant to the first part of the Terms and Conditions, the term Buyer means a consumer, who is a natural person who is not acting within the scope of his / her business, employment or occupation (hereinafter referred to as the "Buyer") (the Seller and the Buyer also separately referred to as the "contracting party" or collectively as the "contracting parties").

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

2.1. In particular, the Seller is obliged to:

a. deliver the ordered products to the Buyer in the agreed quantity and quality and pack it or prepare it for transport in the way necessary for its safekeeping and protection, and

b. hand over to the Buyer all documents necessary for taking over and using the goods as well as other documents required by valid legal regulations, in written or electronic form, at latest along with the products.

2.2. The Seller is entitled to full payment of the purchase price by the Buyer for the goods delivered.

2.3. The Seller is entitled to cancel the order if, due to stock shortage or the unavailability of the goods, he is unable to deliver the goods to the Buyer within the period of time specified in these GTCs or for the price indicated in the e-shop, unless the customer consents to a replacement performance.

2.4. In particular, the Buyer is obliged to:

a. take over the goods,
b. pay the agreed purchase price to the Seller in a proper and timely manner.

2.5. The Buyer is entitled to be delivered the goods in the agreed quantity, quality, time and place.

3. CONCLUSION OF THE PURCHASE AGREEMENT 

3.1. The purchase agreement is concluded by the Seller’s binding acceptance of the Buyer’s proposal to conclude the purchase agreement, which is made by filling in the order form by the Buyer (the form filled in and submitted by the Buyer, hereinafter referred to as the “order”).

3.2. The Seller shall make the binding acceptance of the proposal to conclude the contract without undue delay, usually within two working days of placing the order, following the verification of the availability of the products, the validity of the prices and the delivery date of the goods required by the Buyer. The binding acceptance shall be made by means of an e-mail titled “Confirmed” or marked in a similar, semantically identical way. In case a higher price is found, the Seller shall ask the Buyer to agree to the price change prior to confirming the order. The purchase agreement is concluded only when the Buyer gives his consent to the price change and when the Seller subsequently confirms the order.

3.3. The automated message confirming the registration of the order by the Seller, which is sent to the Buyer’s e-mail address immediately after placing the order, is for informational purposes only. It is sent to the Buyer in order to notify the Buyer that the order has been registered and shall not be regarded as the Seller’s binding acceptance of the proposal to close the contract.

4. PURCHASE PRICE PROVISIONS

4.1. The Buyer shall pay the Seller the purchase price for the goods specified in the purchase agreement, including the cost of delivery of the goods and the charges for additional services (hereinafter referred to as the “purchase price”) In one of the following ways:

a. cash on delivery,
b. payment in cash or by card at the collection point,
c. online card payment.

4.2. Any shipping and packing costs shall be charged prior to submitting the order. Any charges for additional services are updated in the order based on the Buyer’s choice of the additional services instantaneously, never after submitting the order. In the event that the goods are to be transported to the Buyer outside the European Union, a customs debt and the Buyer may be obliged to make additional payments related to customs operations in the amount and manner specified by generally binding legislation of the country to which the goods are delivered. Unless stated or agreed by the parties otherwise, the Seller is not obliged to bear these obligations on behalf of the Buyer.

4.3. If the Buyer pays the Seller the purchase price by bank transfer, the day on which the entire purchase price was credited to the Seller’s account is considered to be the day of payment.

4.4. The Buyer is obligated to pay the Seller the purchase price by the date agreed in the purchase agreement.

5. DELIVERY OF GOODS AND PAYMENT TERMS

5.1. The Seller shall deliver the goods to the Buyer without undue delay, no later than 30 days from the date of conclusion of the contract, unless the parties have agreed otherwise. If the Seller has not fulfilled his obligation to deliver the goods within the agreed deadline, the Buyer shall request to be delivered the goods within an additional reasonable deadline which shall be determined by the Buyer as part of the request. If the Buyer does not request this from the Seller within two months of the date on which the goods were to be delivered, handover shall be deemed to have taken place, unless the contrary is proved. In the event the Seller does not deliver the item meeting this additional deadline, the Buyer is entitled to withdraw from the contract.

5.2. The Buyer is entitled to inspect the consignment upon its delivery. In the event any transportation damage is detected by the Buyer, the Buyer is entitled to refuse to take over the goods. The forwarder is obliged to issue a damage report on the damage to the goods in the presence and at the request of the Buyer. On the basis of such a record delivered to the Seller, the Seller may, following the settlement of the damage event with the parcel delivery service, provide the repair of the defective product, a reduction in the purchase price, or deliver new goods to the Buyer in case of irreparable defects. Claims of this type filed at a later date will need to be proven. 

5.3. The shipping options and the detailed and up-to-date information on shipping conditions can be found in the e-mail, that the Buyer received after ordering the goods. For some orders, some methods of transportation may be unavailable. The Buyer will be informed of any limitations while placing the order.

5.4. The Buyer, as the recipient of the goods, agrees that the invoice will be issued and delivered to him in electronic format. Once the purchase agreement has been concluded, the Seller is not obliged to comply with the Buyer’s request to correct or amend the data in the invoice, in particular to change the Buyer’s person and to change the delivery address to another country.

5.5. The purchase agreement is concluded with a termination condition, providing that if the Buyer does not take over the goods within 5 days of the Seller’s additional request and does not arrange with the Seller an alternative date of taking over the goods, the contract shall be canceled, the parties shall return or reimburse everything they have received, in particular the purchase price and the goods to which the Seller acquires the right to dispose freely.

5.6. If the delivery has to be repeated for reasons on the Buyer’s side (e.g. due to the absence of the Buyer or a third party authorised by the Buyer at the agreed location or due to failure to prove authorisation to take over the delivery of the goods), any additional costs incurred in this way shall be borne by the Buyer, including any storage charges.

6. RETENTION OF TITLE

6.1. The goods remain the property of the Seller until full payment of the purchase price by the Buyer. The handover takes place either by the Buyer collecting the goods in person or using parcel delivery services.

6.2. The risk of damage to the goods shall pass to the Buyer upon handover of the goods by the Seller or a parcel delivery service. Handover shall be deemed to have taken place even if the Seller declares the goods available to be collected and the Buyer fails to take them.

7. WARRANTY POLICY FOR CONSUMERS

7.1. The Seller is responsible for product defects and the Buyer is obligated to immediately file a claim to the Seller.

7.2. This Warranty Policy for Consumers is applicable to the handling of complaints of consumers (hereinafter referred to as the “Warranty Policy”).

7.3. The right to warranty can only be exercised by the Buyer in the case of goods that show defects, are covered by warranty and were purchased in the Seller’s e-shop.

7.4. During the warranty period, the Buyer is entitled to have the defect removed by repair free of charge upon return of the goods, including all accessories.

7.5. Claims are handled by the Seller in writing in paper or electronic form without delay. If the goods are defective, the customer has the right to file a claim to the Seller by filling out the claim form and submitting it to the Seller electronically, along with delivering the goods to the Seller in one of the ways listed below, or in paper form being delivered together with the claimed goods in one of the ways listed below. Methods of filing a claim:

a. enclosing the claim form to the claimed goods and delivering it to the claim center at the following address (hereinafter referred to as the “claim center”):

KlotinkFit s.r.o.
Hurbanova 985
019 01, Ilava
Slovakia

7.6. The Buyer is obliged to pack the claimed goods properly, taking into account their nature and the nature of the claimed defect. 

7.7. When filing a claim, the Buyer is obliged to prove that the goods have been purchased from the Seller and the duration of the warranty period. Furthermore, the Buyer is obliged to precisely indicate the type and the extent of the defects of the goods.

7.8. The day of the commencement of the claim settlement process is deemed to be the day on which the Buyer is delivered:

a. the claim form,

b. the goods claimed, including the accessories. 

7.9. The claim form is attached as Annex No. 1 to the GTCs and the Buyer can also fill it in and submit it electronically using this link: https://klotinkfit.com/sk/support/returns/.

7.10. The Seller or an authorized person shall issue the Buyer a confirmation of the claim in the appropriate form selected by the Seller (including an e-mail), which shall contain the date of filing the claim, the contact details of the Seller and the Buyer, the description of the product defects, the method of settling the claim that customer prefers and an instruction on customer rights arising from § 622 and § 623 of the Civil Code (hereinafter referred to as the “confirmation of the claim”).

7.11. If the claim is filled by using means of long-distance communication, the Seller is obliged to provide the Buyer with a confirmation of the claim immediately. If it's not possible to deliver the confirmation immediately, it must be delivered without undue delay, but not later than the confirmation of filing the claim if the Buyer can prove submitting the claim in another way.

7.12. In accordance with the Buyer’s decision, which of his/her rights arising from § 622 and § 623 of the Civil Code he/she shall exercise, the Seller or an authorized person is obliged to determine the method of settling the claim in line with this Warranty Policy immediately, in more complex cases within 5 days of the date of the commencement of the claim settlement process, and in justified cases, in particular in case a complex technical assessment of the condition of the goods is required, no later than 30 days following the date of commencement of the claim settlement process. Once the period for claim settlement has expired, the consumer has the right to withdraw from the contract or has the right to have the claimed goods replaced by new goods. The Seller notifies the Buyer about the termination of the claim settlement process and about the result of the claim settlement using the manner agreed by both parties. Concurrently, the Buyer shall receive a claim protocol along with the goods. In the event that Buyer has filed a claim for the goods within the first 12 months of the date of the receipt of the goods, the Seller can handle the claim by rejection solely on the basis of an expert opinion or a statement issued by an authorized, notified or accredited entity or an authorized individual (hereinafter “expert assessment of goods”). Regardless of the outcome of the professional assessment, the Seller shall not require the Buyer to finance the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods. In the event that Buyer has filed a claim for the goods after 12 months from the date of the receipt of the goods and the Seller has rejected it, the person handling the complaint is obliged to indicate in the claim settlement document who may be approached by the Buyer for expert assessment of the goods.

7.13. The Seller can always exchange the defective item for a defect-free item, unless this causes major issues to the Buyer. In the first instance, however, the Seller shall repair the goods if possible.

7.14. The entitlement to a cost-free warranty repair terminates:

a. if the Buyer does not prove having purchased the defective goods from the Seller,
b. if the Buyer fails to report defects obvious at the time of receipt of the goods,
c. upon expiry of the warranty period of the goods,
d. in case of mechanical damage to the goods caused by the Buyer,
e. in the case of using or storing the goods under conditions which do not correspond to those of appropriate environment due to temperature, humidity, chemical or mechanical influences,
f. in case of misuse or negligent treatment of the goods,
g. in case the damage to the goods has been caused by natural wear and tear, accidental damage or deterioration,
h. in case of inexpert intervention, transport damage, damage by water, fire, electricity or due to force majeure.

7.15. The Seller is obliged to handle the complaint and settle the warranty claim in one of the following ways:

a. by handing over the repaired goods,
b. by replacing the goods,
c. by refunding the purchase price,
d. by providing an appropriate reduction in the purchase price,
e. by reasoned rejection of the claim.

7.16. The Seller is obliged to issue a written document to the Buyer stating the method of settling the claim as well as stating that the warranty claim has been settled no later than within 30 days of the date of this commencement.

7.17. After settling the warranty claim in a way other than returning the purchase price, the Seller shall return the claimed item or deliver a replacement item to the Buyer. If the Buyer fails to take over this item within a reasonable time, the Seller shall ask him to do so within an additional reasonable time period specified by the Seller, usually within one month.

7.18. The warranty period is 24 months (hereinafter referred to as the “warranty period”), provided that no other warranty period is specified for specific cases. The warranty period shall commence on the date of receipt of the goods by the Buyer. In the event that shelf life is indicated on the goods, their packaging or instructions in accordance with the legal regulations, the warranty period shall not end before the expiration of this period. Defects of the goods and the resulting claims must be exercised by the end of the warranty period. At the end of the warranty period, the right to claim the warranty expires.

7.19. Used goods means goods that have been used, do not contain all parts, have cosmetic defects or their usability is limited (hereinafter referred to as “used goods”).

7.20. The warranty period for all used goods is 24 months, unless a different, even shorter warranty period is specified for a specific product in the e-shop.

7.21. The warranty period shall be extended by the period of time during which the Buyer could not use the item due to its repair.

7.22. In the case of replacing goods for new ones, the warranty period commences from the handover of the new goods. 

7.23. If the defect of the goods is repairable, the claim will be settled depending on the decision of the Buyer either by repairing the defect or by replacing the goods.

7.24. Should it be impossible to have the defect removed by repair and should the defect prevent the proper use of the item as goods without defects, the Buyer is entitled to a replacement of the item or he has the right to withdraw from the contract. The same rights apply to the Buyer in the event of repairable defects, provided the Buyer can not accordingly use the item due to the recurrence of the defect following the repair (more than twice) or due to a larger number of defects (more than two).

7.25. Claim settlement only applies to defects specified by the Buyer when filing the claim.

7.26. If the Seller settles the warranty claim by reasoned rejection of the claim, he may propose to the Buyer to have the defects repaired at the Buyer’s expense. The Buyer is not obliged to accept such a proposal.

8. PERSONAL DATA AND THEIR PROTECTION

Privacy Policy


The Operator of the website located at: www.klotinkfit.com is KlotinkFit s.r.o., with its registered office at Hurbanova 985, 019 01 Ilava, Slovak Republic, ID number: 53578813, registered in the Business Register of the District Court Trenčín, Section: Sro, File No. 41411/R (hereinafter referred to as the “Company”), which processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 april 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “Regulation”) and generally applicable legal regulations. The Privacy of users visiting the www.klotinkfit.com website is of paramount importance to the Company. Users personal data are processed and used only for the purposes set out in this Privacy Policy. This Privacy Policy applies exclusively to the www.klotinkfit.com website.

Purposes and legal bases of processing

Personal data are processed by the Company for the purposes of:

Providing answers to the questions in the contact form https://klotinkfit.com/sk/support/contact/  ; the legal basis for processing personal data is consent to the processing of personal data, by filling in and sending the contact from the user also gives consent to the processing of personal data; inclusion in the database for subscription to the newsletter - the legal basis is consent to the processing of personal data;

1. Order processing - the legal basis for the processing of personal data is the conclusion of a contract;

2. Organizing consumer competitions on Facebook and Instagram - the legal basis is consent to the processing of personal data;

3. Marketing the Company’s own services - the legal basis for processing personal data is consent to the processing of personal data;

4. Selection procedure - in the case of an offer of employment with the company - the legal basis for the processing of personal data is the pre-contractual relationship or consent to the processing of personal data of the job applicant.

Retention period of personal data

The company retains personal data depending on the purpose of the processing of personal data:

1. Providing answers to questions on contract form - one year after filling in the contact form.

2. Creation of a user account on the www.klotinkfit.com website and order processing - the Company retains the personal data related to the user account as long as the account is set up, as this data are necessary for the Company to operate the account. In the event that the user does not have an account set up or cancels the account, the Company will retain the personal data for 2 years from the last order.

3. Organizing consumer contests on Facebook and Instagram - 1 year from the evaluation of the consumer contest.

4. Marketing of the Company’s own services - for up to 2 years from the moment of termination of the contract or until the moment of cancellation of the subscription to the newsletter.

5. Inclusion in the newsletter database - until withdrawal of consent to receive the newsletter, for a maximum period of 2 years from the date of consent.

6. Selection procedure - during the selection procedure and, if the job applicant provides consent to the processing of personal data, for 2 years after the end of the selection procedure.

Recipients of personal data

In connection with its activities, the Company may disclose personal data to other entities, namely: suppliers of programming services or companies that manage the Company’s systems, suppliers of marketing services, public authorities, entities to which the controller is required to disclose the data directly by the law, other suppliers, customers, the Slovak Post, deliverymen, couriers, cloud services. In order to enhance the experience of visiting the website, the company cooperates with the following companies: Google Slovakia s.r.o., Facebook Ireland Ltd.  

As a data controller, the Company ensures that all those to whom your personal data is transferred maintain a high standard of data protection. We will not, under any circumstances, provide your personal data to an entity where this standard is not ensured.

Personal data will not be transferred to third countries.

Automated processing and profiling

The Company strives to provide individually tailored product and service offerings. For this reason, it profiles the personal data collected. It uses automated information systems, web applications or calculators for this purpose. Accordingly, it sends you personalised messages and offers of the Company’s products and services. The automatic evaluation (profiling) of your personal data helps us to better understand your needs, estimate future actions and tailor our product and service offering accordingly.


User rights

Users have the following rights as data subjects:

1. Withdraw consent - in cases where the Company processes personal data on the basis of consent, the user has the right withdraw this consent at any time, electronically, at the address of the responsible person, in writing, by notification of withdrawal of consent or in person at the responsible person of the controller. Withdrawal of consent shall not affect the lawfulness of the processing of personal data processed by the Company on the basis of the consent.

2. Right of access – the user has the right to be provided with a copy of the personal data held by the Company about him or her, as well as information about how the user’s personal data are used.

3. Right to rectification - upon the user’s request, the Company shall update the personal data processed.

4. Right to erasure (to be forgotten) - if the personal data obtained by the Company about the user is no longer necessary for the fulfillment of the original purpose of the processing, the user has the right to request the erasure of the personal data.

5. Right to restriction of processing - in certain circumstances, the user is entitled to request that the company stop using the user’s personal data, e.g. if, according to the user, the personal data processed by the company are inaccurate or no longer needed by the Company.

6. Right to data portability - in certain circumstances, the user is entitled to request that the personal data they have provided be transferred to another third party. However, this right only applies to personal data obtained on the basis of consent or on the basis of a contract.

7. Right to object – the user has the right to object to processing based on legitimate interests. If the user believes that the company does not have a compelling legitimate ground for the processing, the user has the opportunity to object, and if it is proven that the legitimate interest does not outweigh the user’s interests, the Company shall not further process the user’s personal data.

8. The right to file a petition to initiate a personal data protection procedure - the user may file a complaint with the supervisory authority, which is the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, if he/she believes that his/her personal data are being processed unfairly or unlawfully. In the case of an electronic submission, it must comply with the requirements of Section 19(1) of Act No. 71/1967 Coll. on Administrative Procedure (Administrative Procedure Code). For more information, see https://dataprotection.gov.sk.

9. STATUTORY RIGHT OF WITHDRAWAL

9.1. The Seller is entitled to withdraw from the contract due to stock shortage, unavailability of the goods, or if the manufacturer, the importer or the supplier of goods agreed in the contract has discontinued production or made such major changes that have made it impossible to fulfill the Seller’s obligations under the contract or for reasons of force majeure, or if, even with all reasonable efforts, he is unable to deliver the goods to the customer within the time specified in these GTCs or for the agreed price. The Seller is obliged to inform the Buyer of this fact without undue delay and retort all payments to the Buyer in accordance with these GTCs. This does not affect the right of the contracting parties to agree on a replacement performance or an amended price.

9.2. The Seller is entitled to withdraw from the contract also if the purchase price stated for the goods at the time of concluding the purchase agreement was clearly incorrect (e.g. incorrectly placed decimal point, a missing digit, the purchase price clearly not in line with the normal market price).

9.3. The Buyer is entitled to withdraw from the contract the subject of which is the sale of goods without giving any reason for doing so within 14 days of the date on which the goods were received. Handover shall be deemed to have taken place at the moment when the Buyer or a third party appointed by him/her, excluding the forwarder, takes over all parts of the ordered goods, or if:

a. the goods ordered by the consumer in an order are delivered separately, at the moment of receipt of that last delivered goods,

b. the delivered goods consist of several parts or pieces, at the moment of taking over the last part or the last piece,

c. the goods are delivered repeatedly during a defined period, at the moment of taking over the first delivered item.

9.4. The Buyer is entitled to withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the withdrawal period.

9.5. The Buyer may exercise his right to withdraw from the contract in paper form or in the form of a record on another durable medium or by means of the withdrawal form sent to the address:

KlotinkFit s.r.o.
Hurbanova 985
019 01, Ilava
Slovakia

9.6. The withdrawal form can the Buyer fill in and submit electronically using this link: https://klotinkfit.com/sk/support/returns/.

9.7. The Buyer is entitled to withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the withdrawal period. The withdrawal deadline shall be deemed to be met if the notice of withdrawal has been submitted to the Seller no later than on the last day of the withdrawal period. The burden of proof of exercising the right of withdrawal shall be borne by the Buyer.

9.8. The Seller is obliged without undue delay, no later than 14 working days from the date of receiving the notice of the Buyer’s withdrawal from the contract, to reimburse all payments received from the Buyer under or related to the contract, including the cost of shipping, delivery and postage and other costs and fees; the Seller’s right according to par. 9.10. is not affected. 

9.9. The Seller shall use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless the parties agree otherwise (e.g. by transfer to a bank account designated by the Buyer) and no additional fees shall be charged to the Buyer. If the Buyer has paid the purchase price or its part by using a gift card, the Seller shall provide the Buyer with a new gift voucher in the amount of the redeemed gift voucher. The Buyer can redeem this credit for the next purchase from the Seller. In the event that Buyer has also selected another method of payment to pay a part of the order, the Buyer shall be reimbursed for this part of the payment in accordance with these GTCs.

9.10. Upon withdrawal from the contract, the subject of which is the sale of goods, the Seller shall not be obliged to reimburse the Buyer before receiving the goods or until the Buyer has provided proof that he/she has returned the goods, unless the Seller proposes to collect the goods in person or through a person appointed by him.

9.11. In the event that the Buyer withdraws from the contract and the goods he delivers to the Seller have been used or damaged, or the loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods, the Seller is entitled to compensation from the Buyer for the cost of repairing the goods and restoring the goods to their original condition.

9.12. If the Buyer has not returned the goods to the Seller together with the withdrawal from the contract and if the parties do not agree on a different way of returning the goods, the Buyer is obliged to send the goods along with the accessories, including documentation, back to the Seller no later than 14 working days from the date of withdrawal from the contract to the following address:

KlotinkFit s.r.o.
Hurbanova 985
019 01, Ilava
Slovakia

9.13. The Buyer bears the cost of returning the goods to the Seller or the person authorized by the Seller to take over the goods. The cost of returning the goods usually depends on the properties of the goods (dimensions, weight), the distance and the selected method of transport and it roughly corresponds to the costs indicated in the shopping cart, i.e. the costs normally incurred to deliver the goods to the customer.

9.14. The Buyer cannot withdraw from the contract if its subject is:

a. the provision of a service, if the provision began with the express consent of the Buyer and the Buyer had declared that he had been duly informed that, by expressing this consent, he would lose the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,

b. the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the Seller cannot influence and which may occur during the withdrawal period,

c. the sale of goods which, due to their nature, may, after delivery, get inseparably mixed with other goods.

9.15. The Seller reserves the right to cancel the order, or its part, if it is not possible for technical reasons to deliver the goods within the required time or for the required price. In this case, the Seller shall reimburse any payments which the Buyer has already made within 14 working days. This does not affect the right of the contracting parties to agree on a replacement performance or an amended price.

10. FINAL PROVISIONS

10.1. The legal relationship between the contracting parties is always governed by the GTCs valid and effective at the time of submitting the order.

10.2. These GTCs have been drawn up in the Slovak language. If these GTCs are also written in a language other than Slovak, the Slovak language version shall always prevail over a different language version.

10.3. If the contract has been concluded in writing, any modification must be in writing. The contracting parties have agreed that the communication between them will take place mainly through e-mails and letters.

10.4. The legal relations between the contracting parties are governed by the contract, these GTCs, the provisions of Act No. 40/1964 Coll. of the Civil Code as amended, Act No. 22/2004 Coll. on electronic commerce and on the amendment of Act No. 128/2002 Coll. on state control of internal market in the consumer protection issues and on the amendment of certain laws as amended by Act No. 284/2002 Coll. as amended, Act No. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act No. 18/2018 Coll. on personal data protection and on the amendment of certain laws and Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the Seller’s premises and on the amendment of certain laws and other generally binding legal regulations of the Slovak Republic.

10.5. In the event of a discrepancy between the provisions of the purchase agreement and these GTCs, the provisions of the purchase agreement shall prevail. In case of doubt as to the content of the contract to which the Buyer - consumer is a party, or these GTCs, including their annexes, the interpretation that is more favorable for the Buyer - consumer shall apply.

10.6. The contracting parties shall use their best efforts to amicably settle any dispute, controversy or claim that may arise between them regarding these GTCs, the contract or in connection with it. If the contracting parties fail to settle any dispute arising from these GTCs or the contract amicably, including a dispute over its validity, interpretation or cancellation, the resolution of such a dispute will fall under the jurisdiction of Slovak courts. This does not affect the validity of the provisions of international treaties on the jurisdiction of other courts.

11. LIST OF ANNEXES

11.1. The following annexes are an integral part of the first part of these GTCs:

a. Annex No. 1 to the GTCs: Claim form/Withdrawal form

b. Annex No. 2 to the GTCs: Extra services

II. TERMS AND CONDITIONS APPLICABLE TO BUYERS - BUSINESS ENTITIES

1. GENERAL PROVISIONS

1.1. The second part of these GTCs (for the purposes of the second part, hereinafter referred to as “these GTCs”) regulates the rights and obligations of the parties to the purchase agreement closed between the Seller, which is Klotinkfit s.r.o., with its registered office at Hurbanova 985, 019 01 Ilava, Slovak Republic, ID number 53 578 813, registered in the Business Register of the District Court Trenčín, Section: sro, File No. 41411/R (hereinafter referred to as the “Seller”), and the Buyer - business entity, the subject of which is the purchase and sale of goods on the Seller’s website (hereinafter referred to as the “e-shop”) (hereinafter referred to as the “purchase agreement” or “contract”).

1.2. Pursuant to the second part of these GTCs, the Buyer means (a) a person registered in the Commercial Register, (b) a person who conducts business on the basis of a trade license, (c) a person who conducts business on the basis of a license other a trade license. In the event that a natural person indicates his/her personal identification number or VAT number in the order, it is assumed that he/she is acting within the scope of his/her business activity and for the purposes of these GTC he/she is considered to be an entrepreneur.

1.3. The terms used in this part of the GTCs have the same meaning as defined by the first part of the GTCs, unless otherwise defined in this part.

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

2.1. In particular, the Seller is obliged to:

a. deliver the ordered products to the Buyer in the agreed quantity and quality and pack it or prepare it for transport in the way necessary for its safekeeping and protection, and

b. hand over to the Buyer all documents necessary for taking over and using the products as well as other documents required by valid legal regulations, in written or electronic form, at latest along with the products.

2.2. The Seller is entitled to full payment of the purchase price by the Buyer for the goods delivered.

2.3. The Seller reserves the right to prohibit the sale of goods acquired from the Seller at any time, even without giving any reason, in which case the Seller shall be obliged to repurchase the Buyer’s current remaining stock acquired from the Seller at the acquisition price.

2.4. The Seller is entitled to cancel the order if, due to stock shortage or the unavailability of the products, he is unable to deliver the products to the Buyer within the period of time specified in these GTCs or for the price indicated in the e-shop, unless the customer consents to a replacement performance.

2.5. In particular, the Buyer is obliged to:

a. take over the goods and

b. pay the agreed purchase price to the Seller in a proper and timely manner.

2.6. The Buyer is entitled to be delivered the goods in the agreed quantity, quality, time and place.

2.6. The Buyer agrees not to implement special promotions, discounts and sales on the goods acquired from the Seller without the Seller’s prior written consent, unless such special promotions, discounts and sales are consistent with the Seller’s special promotions, discounts and sales. If the Buyer breaches this obligation, the Buyer shall be obliged to pay the Seller a contractual penalty in the amount of EUR 1,500 (in words one thousand five hundred euros) for each individual breach of this obligation. The Seller’s right to compensation for damage is not affected by the payment of the contractual penalty and the contractual penalty is therefore not a lump-sum compensation for any damage incurred by the Seller.

2.7. The Buyer agrees to represent the Seller’s goods and its KlotinkFIT brand in a dignified manner.

2.8. The Parties mutually agree that any goods acquired by the Buyer from the Seller are intended solely for resale to the end customer - the customer and the Buyer agree not to offer and sell such goods to other traders, i.e. persons acting in a capability other than that of a consumer. If the Buyer violates the obligation not to offer and sell the goods acquired from the Seller to other traders, this violation shall be considered a gross violation of the terms and conditions, in which case the Seller shall have the right to terminate the business cooperation with the Buyer.

2.9. The Parties mutually agree that any goods acquired by the Buyer from the Seller are for resale only in the Buyer’s home country and may not be sold or otherwise distributed to third parties outside the Buyer’s home country. The Buyer’s home country for the purposes of this contract shall be deemed to be the country in which the Buyer is established. If the Buyer breaches the obligation to sell or otherwise distribute the goods acquired from the Seller only within its home country, such breach shall be considered a gress breach of the terms and conditions, in which case the Seller shall have the right to terminate business cooperation with Buyer. 

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The purchase agreement is concluded by the Seller’s binding acceptance of the Buyer’s proposal to conclude the purchase agreement, which is made by filling in the order form by the Buyer (the form filled in and submitted by the Buyer, hereinafter referred to as the “order”).

3.2. The Seller shall make the binding acceptance of the proposal to conclude the contract without undue delay, usually within two working days of placing the order, following the verification of the availability of the products, the validity of the prices and the delivery date of the goods required by the Buyer. The binding acceptance shall be made by means of an e-mail, titled “Confirmed” or marked in a similar, semantically identical way.

3.3. The automated message confirming the registration of the order by the Seller, which is sent to the Buyer’s e-mail address immediately after placing the order, is for informational purposes only. It is sent to the Buyer in order to notify the Buyer that the order has been registered and shall not be regarded as the Seller’s binding acceptance of the proposal to close the contract.

3.4. The Seller may offer additional goods to the order free of charge (hereinafter referred to as the “gift”). Ordering a gift is optional. If the Buyer does not want a gift, he is not obliged to show this will.

4. PURCHASE PRICE PROVISIONS

4.1. The Buyer shall pay the Seller the purchase price for the goods specified in the purchase agreement, including the cost of delivery of the goods and the charges for additional services (hereinafter referred to as the “purchase price”) in one of the following ways:

a. bank transfer,

b. online card payment.

4.2. The Buyer will be informed of any limitations in the course of placing the order.

4.3. Any shipping and packing costs will be charged prior to submitting the order. Any charges for additional services are updated in the order based on the Buyer’s choice of the additional services instantaneously, never after submitting the order. In the event that goods are to be transported to the Buyer outside the European Union, a customs debt may be incurred. The Buyer is liable for the payment of the customs debt may be incurred. The Buyer is liable for the payment of the customs debt and the Buyer may be obliged to make additional payments related to customs debt and the Buyer may be obliged to make additional payments related to customs operations in the amount and manner specified by generally binding legislation of the country to which the goods are delivered. Unless stated or agreed by the parties otherwise, the Seller is not obliged to bear these obligations on behalf of the Buyer.

4.4. The Buyer is obligated to pay the Seller the purchase price by the date agreed in the purchase agreement.

5. DELIVERY OF GOODS AND PAYMENT TERMS

5.1. The Seller shall deliver the goods to the Buyer as soon as possible, normally within 5 working days from the date of payment, provided that the Seller has the goods in stock. In the event that the ordered goods are not in stock, the Seller shall immediately inform the Buyer of this fact, provided that the delivery time of such goods is 14 - 35 working days, unless otherwise agreed period, the Buyer shall invite the Seller to deliver the goods within an additional reasonable period of time to be specified by the Buyer at the same time. If the Buyer fails to so request the Seller within two months from the date on which the goods should have been delivered, the goods shall be deemed to have been delivered. If the Seller fails to deliver the goods even within this additional period, the Buyer shall have the right to withdraw from the contract.

5.2. The Buyer is obliged to take over the goods in person or secure that a third party takes it over on his/her behalf.At the request of the Seller or the forwarder, the person taking over the goods on behalf of or for the Buyer is obliged to prove the right to take over the goods.

5.3. The Buyer is obliged to inspect the consignment upon its delivery. In the event any transportation damage detected by the Buyer, the Buyer is entitled to refuse to take over the goods in the presence and at the request of the Buyer. On the basis of such a record delivered to the Seller, the Seller may, following the settlement of the damage event with the forwarder, provide the repair of the defective product, a reduction in the defects. Later claims of this type shall not be accepted.

5.4. The Buyer will be informed of any limitations while placing the order.

5.5. The Buyer, as the recipient of the goods, agrees that the invoice will be issued and delivered to him in electronic format. Once the purchase agreement has been concluded, the Seller is not obliged to comply with the Buyer's request to correct or amend the data in the invoice, in particular to change the Buyer’s person and to change the delivery address to another country.

5.6. The purchase agreement is concluded with a termination condition, providing that if the Buyer does not take over the goods within 5 days of the Seller’s additional request and does not arrange with the Seller an alternative date of taking over the goods, the contract gets canceled.

6. RETENTION OF TITLE

6.1. The goods remain the property of the Seller until full payment of the purchase price by the Buyer. The goods are delivered to the Buyer by collecting them using parcel delivery.

6.2. The risk of damage to the goods shall pass to the Buyer upon handover of the goods by the Seller or the forwarder. Handover shall be deemed to have taken place even if the Seller declares the goods available to be collected and the Buyer fails to take them over.

7. WARRANTY POLICY FOR BUSINESS ENTITIES

7.1. The Seller is responsible for product defects and the Buyer is obligated to immediately file a claim to the Seller.

7.2. This Warranty Policy for Business Entities is applicable to the handling of complaints (hereinafter referred to as the “Warranty Policy”).

7.3. The right to warranty can only be exercised by the Buyer in the case of goods that show defects, are covered by warranty and were purchased in the Seller’s e-shop.

7.4. During the warranty period, the Buyer is entitled to have the defect removed by repair free of charge upon return of the goods, including all accessories.

7.5. Claims are handled by the Seller in writing in paper or electronic form without delay. If the goods are defective, the customer has the right to file a claim to the Seller by filling out the claim form and submitting it to the Seller electronically, along with delivering the goods to the Seller in one of the ways listed below, or in paper form being delivered together with the claimed goods directly to the address (by any courier service, post…).

7.6. When filing a claim, the Buyer is obliged to prove that the goods have been purchased from the Seller and the duration of the warranty period. Furthermore, the Buyer is obliged to precisely indicate the type and the extent of the defects of the goods.

7.7. The day of the commencement of the claim settlement process is deemed to be the day on which the Buyer is delivered:

a. the claim form,

b. the goods claimed, including the accessories.

7.8. The right to a free warranty repair terminates:

a. if the Buyer does not prove having purchased the goods from the Seller,

b. if the Buyer fails to report defects obvious at the time of receipt of the goods,

c. upon expiry of the warranty period of the goods,

d. in case of mechanical damage to the goods caused by the Buyer,

e. Improper handling, operation or neglecting the care of the goods,

f. Damage to the goods by natural wear and tear, accidental destruction or deterioration,

7.9. The Seller shall settle the claim of the Buyer - business entity within 30 days.

7.10. The Seller is obliged to handle the complaint and settle the warranty claim in one of the following ways:

a. by handing over the repaired goods,

b. by replacing the goods,

c. by refunding the purchase price,

d. by reasoned rejection of the claim.

7.11. The Seller shall issue a written document to the Buyer stating the method of settling the claim as well as stating that the warranty claim has been settled no later than within 30 days of the date of its commencement.

7.12. The Seller can always exchange the defective item for a defect-free item.

7.13. The warranty period for new goods is 12 months (hereinafter referred to as the “warranty period”), provided that no other, shorter warranty period is specified for specific cases. The warranty period shall commence on the date of receipt of the goods by the Buyer. At the end of the warranty period, the right to claim the warranty expires.

7.14. If goods are sold at a lower price than new goods, the warranty does not cover the defect for which the lower price was agreed. 

7.15. The warranty period shall be extended by the period of time during which the Buyer could not use the item due to its repair.

7.16. In case of replacing goods for new ones, the warranty period commences from the handover of the new goods.

7.17. If the defect of the goods is repairable, the Seller shall arrange for its repair.

7.18. Should it be impossible to repair the defect and should the defect prevent the proper use of the item, the Buyer is entitled, unless the parties agree otherwise, to exchange the defective goods for goods with the same or similar performance characteristics, or to issue a credit note to the Buyer in the amount of the purchase price.

7.19. In the event that the delivery of defective goods significantly violates the contract, the Buyer is entitled to:

a. demand a remedy by being delivered replacement goods for the defective goods, by being delivered the missing goods, and demand to remedy legal defects,

b. require the elimination of the defects by repairing the goods, if the defects are repairable,

c. withdraw from the contract.

7.20. If the Buyer does not notify the Seller of the type of the remedy within the period specified in this Warranty Policy, he is entitled to remedies as in the case of a minor breach of contract.

7.21. If delivering the defective goods violates the contract in an insignificant manner, the Buyer can request the delivery of the missing goods or repair of the defects in the goods.

7.22. Until the Buyer claims a reduction in the purchase price or until he withdraws from the contract, the Seller is obliged to deliver the missing goods and to remedy legal defects of the goods. He is obliged to remove other defects at his discretion either by repairing the goods or by delivering replacement goods.

7.23. In the event that the Buyer requests the repair of defects in the goods, he may not exercise claims for defects in the goods other than the claim for damages before the expiry of an additional reasonable period specified by the Buyer; this does not apply if the Seller notifies the Buyer that he will not fulfill his obligations within this period.

7.24. If the Seller fails to remove the defects of the goods within the period stated by this Warranty Policy, the Buyer is entitled to claim a reduction in the purchase price or to withdraw from the contract provided that he notifies the Seller of his/her intention to withdraw from the contract at the time of determining the deadline under this Warranty Policy or within a reasonable period before the withdrawal. 

7.25. For the purposes of these GTCs, a breach of the contract is deemed material if the breaching party was aware at the time of concluding the contract that the other contracting party would refuse to fulfill his obligations in the event of such a breach of contract, or if such a consequence was reasonable to anticipate at the time of concluding the contract, taking into account the purpose of the contract or the circumstances in which the contract was concluded. In case of doubt, it is assumed that the breach of contract is not material

7.26. Claim settlement only applies to defects specified by the Buyer when filing the claim.

7.27. If the Seller terminates the complaint procedure by reasoned rejection of the complaint, the Seller may offer the Buyer to remedy the defects at the Buyer’s expense.

8. STATUTORY RIGHT OF WITHDRAWAL

8.1. The Seller is entitled to withdraw from the contract for reasons specified in these GTCs and generally binding legal regulations. Furthermore, the Seller is entitled to withdraw from the contract due to stock shortage, unavailability of the goods, or if the manufacturer, the importer or the supplier of goods agreed in the contract has discontinued production or made such major changes that have made it impossible to fulfill the Seller’s obligations under the contract or for reasons of force majeure, or if, even with all reasonable efforts, he is unable to deliver the goods to the customer within the time specified in these GTCs or for the agreed price. The Seller is obliged to inform the Buyer in accordance with these GTCs. This does not affect the right of the contracting parties to agree on a replacement performance or an amended price.

8.2. The Seller is entitled to withdraw from the contract also if the purchase price stated for the goods at the time of concluding the purchase agreement was clearly incorrect (e.g. incorrectly placed decimal point, a missing digit, the purchase price clearly not in line with the normal market price).

8.3. The Buyer is entitled to withdraw from the contract only for reasons specified in this part of the GTCs or a generally binding legal regulation. The Buyer - Business entity is not entitled to withdraw from the contract for the same reasons for which, according to the first part of these GTC, only the Buyer - consumer is entitled to withdraw from the contract (for instance, withdrawal from the contract even without giving any reason for doing so within 14 days).

Annex No. 1: Claim form/Withdrawal form

You can find on this link - https://klotinkfit.com/sk/support/returns/.

Reason for withdrawal/return 4):

Instruction to the consumer: the Buyer is obliged to send the goods back to the Seller together with the accessories including documentation in one of the ways specified in the General Terms and Conditions within 14 days from the date of withdrawal from the contract. The Seller shall not be obliged to refund the Buyer before the goods are delivered thereto or until the Buyer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorised by the Seller. If the Buyer withdraws from the Contract and delivers to the Seller goods which are used or damaged, or their value is diminished as a result of treatment beyond that what is necessary to establish the characteristics and functionality of the goods, the Seller shall be entitled to damages against the Buyer in the amount of the value of the repair of the goods, the Seller shall be entitled to damages against the Buyer in the amount of the value of the repair of the goods and the restoration of the goods to their original condition.

Annex No. 2: Extra services

CHAPTER I.

SCOPE AND DEFINITIONS

1. This annex No. 2 of the GTCs: Extra services (hereinafter referred to as “this Annex”) defines the additional right and obligations of the contracting parties related to the complementary services listed in this Annex.

2. Terms not defined in this Annex have the same meaning as assigned to them by the first part of the GTCs if the purchaser of the complementary service is a consumer, or the second part of the GTCs if the purchaser or the complementary service is a  business entity.

3. For purposes of this Annex, extra services shall mean:

a. Shipping insurance

4. All complementary services are optional and provided to the Buyer solely on the basis of his will. In no case does the Seller condition the conclusion of the contract or the proper performance of his obligations on ordering any of the extra services.

5. If the Buyer wishes to order a complementary service or services, he shall tick the appropriate box or boxes at the time of placing the order; ordering the complementary service retrospectively is not possible. The binding acceptance of the proposal to conclude the purchase agreement that includes the complementary service results in creating a contract for the complementary service as well (hereinafter referred to as the “extra service contract”).

6. The Seller reserves the right not to offer complementary services for certain goods. The Buyer is informed about the availability of the extra services for the specific goods at the time of placing the order.

7. Complementary services can be combined or ordered individually.

8. The Seller is responsible for defects of the complementary services. The Warranty Policy applies to the handling of complaints.

CHAPTER II.

SHIPPING INSURANCE

1. DEFINITIONS AND TERMS OF PERFORMANCE OF THE SHIPPING INSURANCE SERVICE

1.1. The Shipping Insurance Service means the Seller’s activity consisting in the expeditious receipt of notifications of defects caused by transport and their accelerated removal by replacing the goods for new ones outside the warranty policy procedure, in the manner and under the conditions defined in this section (hereinafter referred to as the “Shipping Insurance”). The Shipping Insurance extra service is not an insurance contract and the relationship thus established between the contracting parties is not insurance in the sense of generally binding legal regulations. Shipping Insurance is a commercial service offered to the Buyer for a fee.

1.2. Shipping Insurance does not limit or condition the Seller’s liability for defects in the goods as defined by generally binding legal regulations and the Warranty Policy.

1.3. Shipping Insurance only covers

a. damage to or destruction of the goods likely to have been caused during transport; and

b. the goods which are the subject of the purchase agreement for which the contract for this complementary service has been concluded.

1.4. A claim under the Shipping Insurance cannot be exercised

a. for goods or damage other than those referred to in the previous paragraph, or

b. after the expiration of the claim period.

2. PROVISION OF THE SERVICE AND WITHDRAWAL FROM THE CONTRACT

2.1. The Buyer - consumer is entitled to withdraw from the contract for the complementary service without giving any reason for doing so within 14 days of the date of its conclusion, but no later than until its full performance. Withdrawal solely from the contract for the complementary service does not affect the duration of the purchase agreement. The procedure for withdrawal from the purchase agreement defined in these GTCs shall also apply mutatis mutandis to the withdrawal from the supplementary contract.

2.2. Due to nature and purpose of the Shipping Insurance service it is possible to start providing this service only before the expiration of the withdrawal period, and it is considered to have been provided in full by the expiration of the period within which the Buyer exercise a claim resulting from this service, or by the delivery of new or other goods.

2.3. The Seller shall hereby advise the Buyer that by granting consent (submitting the order) to start providing the service before the expiration of the withdrawal period, the Buyer loses the right to withdraw from the contract for the complementary service after the service has been provided in full.

2.4. By submitting the order, the Buyer declares that

a. has been duly informed of the impossibility to withdraw from the contract for the complementary service pursuant to the preceding paragraph, and

b. agrees to start providing the Shipping Insurance service before the expiration of the withdrawal period.

2.5. This does not affect the right of the Buyer - consumer to withdraw from the purchase agreement in accordance with these GTCs or his/her right to file a claim in accordance with the Warranty Policy. If the Buyer withdraws from the purchase agreement after the expiration of the period for exercising a claim arising from this complementary service, the Seller is not obliged to reimburse the fee for the Shipping Insurance service to the Buyer.

3. EXTENDED WITHDRAWAL PERIOD

3.1. The Buyer is entitled to withdraw from the contract concluded through the e-shop without giving any reason for doing so after the expiration of the statutory 14-day withdrawal period, no later than 30 days from the date of delivery.

3.2. The right to withdraw from the contract in the extended period applies only to the goods which are undamaged, without signs of use and packed in the original packaging.

These Terms and Conditions, including its parts, are valid and active from 01.01.2023 and cancel the previous version of the GTC, including its parts.