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Terms and Conditions
General Terms and Conditions of UNITY THREADS s.r.o., Prešovská 45, 821 02 Bratislava
Company ID No.: 55 596 185, Tax ID No.: 2122 0558 70, registered in the Commercial Register of the Municipal Court
Bratislava III, Section Sro, File No. 171 805/B (hereinafter referred to as the “GTC”).I. General Provisions
1.1 These GTC apply to contractual relationships arising between the Seller and the Buyer upon the conclusion of a purchase agreement and form an integral part of every purchase agreement concluded between the contracting parties. Buyers may be either natural persons or legal entities.1.2 By completing the “Order” form and confirming that they have read and understood these GTC (hereinafter referred to as the “Order”), the Buyer agrees to the Seller’s GTC, which form an integral part of every purchase agreement and are always available on the Seller’s website.
1.3 The Seller is also the operator of the e-commerce system operated via the Seller’s website (hereinafter referred to as the “Store”).
1.4 Contractual relationships (as well as other legal relationships that may arise from such a contractual relationship) with natural persons who, when entering into a purchase agreement under these GTC, are not acting within the scope of their business activities are governed not only by the general provisions of Act No. 40/1964 Coll. the Civil Code, as amended, as well as special regulations, in particular Act No. 102/2014 Coll. on the Protection of Consumers in the Sale of Goods or the Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises, and Act No. 250/2007 Coll. on the Protection of Consumers.
1.5 Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with legal entities or with natural persons—entrepreneurs—are governed by the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.
1.6 A Buyer is any person (natural or legal) who has completed and submitted an order via the Seller’s website, received an email notification of order acceptance, and paid the purchase price. A Buyer is also any person who placed an order by phone or by email and confirmed via email their acceptance of the Seller’s price offer and the GTC.
1.7 An “Order” means an “Order” form completed and submitted by the buyer and processed by the store’s system. If the buyer does not use the option to place an order via the order form as described in the previous sentence, a telephone order, or an order sent by email or by mail to the seller’s address, is also considered an order.
1.8 The order contains information about the customer and the ordered product. Based on the order, an invoice for payment of the purchase price is generated for the customer, or a receipt is issued upon purchase of the goods, depending on the selected delivery method.
1.9 If the buyer does not use the option to order via the order form but places an order by phone, email, or mail to the seller’s address, the seller will send the buyer a price quote via email.
1.10 A “product” means any movable item listed on the e-shop www.cubeshop.sk that UNITY THREADS s.r.o. offers for sale through the e-shop www.cubeshop.sk.
II. Product Order – Conclusion of the Sales Contract
2.1 The seller’s offer to supply goods presented in the online store does not constitute a proposal to conclude a sales contract (an offer) within the meaning of Section 43a of the Civil Code, and the seller is not obligated to conclude a sales contract with the buyer regarding this product. The presentation of the product in the online store is for informational purposes only. The buyer sends a proposal to conclude a sales contract to the seller in the form of a completed and submitted order form located on the seller’s website, through which the buyer sends a proposal to conclude a sales contract, the subject of which is the transfer of ownership of the goods designated by the buyer for a purchase price and under the conditions specified in this order (hereinafter referred to as the “Order”).2.2 Before placing an order, the buyer still has the option to return to the order form, where they can review and modify the information already entered. After submitting the order, the buyer will automatically receive a notification at their email address confirming that the order has been received by the seller’s electronic system (hereinafter referred to as “order acceptance”). If necessary, all further information regarding the buyer’s order may be sent to the buyer’s email address.
2.3 A proposal to conclude a purchase agreement also includes the sending of a price quote prepared by the seller based on the buyer’s telephone or email order. In this case, the purchase agreement is concluded upon the buyer’s written (electronic) confirmation of the price quote.
2.4 In the case of an order placed via the “Order” form, the buyer is required to pay the purchase price to the seller in advance; otherwise, the purchase agreement will not be concluded.
2.5 In the case of an order pursuant to Section 3 of this Article of the GTC, the Buyer is obligated to pay the purchase price based on an invoice issued and delivered by the Seller to the Buyer. In the event of the buyer’s delay in paying the purchase price, the seller is entitled to demand payment of a contractual penalty in the amount of 0.05% of the amount owed for each day of delay, including any partial day, and a one-time flat-rate compensation for administrative work in the amount of 20 EUR.
2.6 The purchase agreement is concluded upon delivery of the order confirmation in electronic form to the buyer. The purchase agreement will be stored by the seller in electronic form for as long as necessary and will be made available to the buyer upon request. The Seller fulfills the obligation to provide the Buyer with a copy of the Purchase Agreement immediately upon its conclusion by sending the Buyer an email containing the acceptance of their order along with the attached General Terms and Conditions, to which the Buyer agreed when placing the order in the online store. The purchase agreement and the general terms and conditions are drafted in the Slovak language, and the purchase agreement may be concluded in the Slovak language.
2.7 The Buyer acknowledges that in the event that, as a result of a technical error, an error in the internal information system, or an incorrect combination of discounts, special offers, promo codes, or loyalty program benefits, the purchase price of the goods is published or calculated in a manner that is clearly incorrect or does not comply with the business rules of UNITY THREADS s.r.o., the seller is entitled to withdraw from the purchase agreement, even after the seller has confirmed the order. The seller shall immediately inform the buyer of this fact.
A price is considered obviously incorrect, in particular, but not exclusively, if:
the total amount of discounts (including discounts from sales, clearance events, promo codes, and loyalty program benefits) exceeds 50% of the original price of the goods, unless the goods are part of a specific marketing or clearance event explicitly designated by the seller;
the resulting purchase price after applying all discounts and benefits falls below the minimum price set by the seller, which is €200;
due to a technical error, loyalty program benefits are applied to goods to which these benefits do not apply according to the loyalty program rules;
the price of the goods is clearly incorrect at first glance, especially if it does not reflect the purchase price or the usual market price of the goods.
III. Purchase Price and Payment Terms
3.1 The price of products ordered through the online store (hereinafter referred to as the “purchase price”) is generated specifically for each individual customer after the order is completed on the Seller’s website. In the case of an order pursuant to Article II, Section 5 of these Terms and Conditions, the Seller shall send the Buyer a price quote via email.3.2 The Seller does not guarantee the validity of purchase prices for the same order at any given time. For the avoidance of any doubt, the purchase price generated for a specific order shall not change after it has been paid within the due date.
3.3 The purchase price of the products does not include shipping costs or other costs related to the delivery of the products.
3.4 The base currency is the euro.
IV. Delivery of Products
4.1 The Seller is obligated to deliver the products to the Buyer in the ordered quantity and quality and, in the case of a Buyer as defined in Article I, Section 5, also together with a written copy of these GTC, if not already provided earlier, along with tax documents relating to the product and other documents, if they exist and are typical for the product in question. If a written copy of these GTC was not delivered to the Buyer pursuant to Article I, Section 5 along with the product, the Buyer is obligated to notify the Seller of this fact in writing within three days of the date of receipt of the product; otherwise, it is presumed that the Seller’s obligation to provide a written copy of these GTC has been fulfilled.4.2 The Seller processes all received orders in the order in which they are received. The delivery period for the ordered product is 7 business days from the date the purchase price is credited to the Seller’s account.
4.3 If the Seller is unable to deliver the ordered product to the Buyer, despite the fact that a purchase agreement has been concluded, the Seller is obligated to notify the Buyer immediately and to refund the purchase price paid for the product within 15 days, unless the parties agree on an alternative remedy. Upon refund of the purchase price, the contractual relationship between the Seller and the Buyer automatically terminates.
4.4 The delivery address for the ordered product is the address provided by the Buyer in the order.
4.5 The seller shall deliver the product using its own resources to the buyer (or to a person authorized in writing by the buyer to receive the product), or through third parties (transport and shipping companies).
4.6 Delivery of the product is deemed complete upon its handover to the buyer (or to a person authorized in writing by the buyer to receive the product), or upon its handover to the first carrier for transport.
4.7 The product being shipped must be properly and securely packaged. By signing the shipping/delivery note, the Buyer confirms not only the delivery but also that the packaging has not been tampered with and that the product has been delivered in full in accordance with the order.
4.8 In the case of in-person pickup, if the product shows visible damage or detectable defects, the buyer is entitled to refuse to accept the product. Acceptance of the product implies that it had no defects detectable during an in-person inspection of the product. For both in-person and shipped deliveries, the buyer is also required to note any product damage on the shipping/delivery slip with a concise description of such damage, immediately upon receipt for defects detectable at the time of receipt, or no later than 10 days after receipt for hidden defects. Any defects or damage reported at a later date, or complaints regarding the quantity or quality of the delivered product, will not be accepted by the seller.
4.9 Upon delivery of the goods, the seller shall provide the buyer with a confirmation of the contract on a durable medium.
V. Acceptance of the Product
5.1 The Buyer is obligated to accept the ordered product that the Seller has delivered to the delivery address specified in the order.5.2 If the Buyer fails to accept the product, the Seller will store it at its premises and send the Buyer a written notice requesting that the Buyer pick it up. If the Buyer fails to collect the product within 30 days of the date of delivery of the written request, the Buyer is obligated to pay the Seller a contractual penalty in an amount equal to the purchase price of the product, including shipping costs. The seller’s right to claim additional costs incurred as a result of the buyer’s breach of the obligation to accept the product, as well as the right to claim damages, remains unaffected. Upon the expiration of the period for subsequent acceptance of the product, the contractual relationship established by the purchase agreement between the seller and the buyer shall terminate.
5.3 The risk of damage to the product and liability for damage to the product passes to the buyer upon acceptance, regardless of whether the buyer accepts the product in person or through an authorized representative. In the case specified in paragraph 2 of this Article of the GTC, the risk of damage to the product and liability for damage to the product passes to the buyer on the day the buyer failed to take delivery of the product upon the first delivery attempt.
VI. Shipping Costs
6.1 The Seller’s shipping costs are not included in the purchase price of the product. These costs will be itemized in the automatically generated invoice or in the price quote sent by email, and the Buyer agrees to pay them along with the purchase price.VII. Buyer’s Withdrawal from the Purchase Agreement
7.1
A buyer who is a consumer within the meaning of applicable law has the right to withdraw from a purchase agreement concluded at a distance or outside the seller’s business premises without giving any reason within 14 calendar days from the date on which the buyer or a third party designated by the buyer, with the exception of the carrier, takes delivery of the goods.7.2
The right to withdraw from the contract pursuant to Section 7.1 of this Article applies exclusively to purchase contracts concluded at a distance, in particular through the Seller’s e-shop, where the purchase price was paid by non-cash means prior to delivery of the goods.7.3 Methods of Withdrawal from the Contract: The consumer may withdraw from the contract in the following ways:
a) Electronically (via Online Features on the Website):
By using the automated feature in the "My Order" section, where, after entering the order number and e-mail address, the consumer submits a return notification directly within the order details,
or by completing and submitting the online form in the "Returns" section to the seller's e-mail address.
b) In Writing or via E-mail: By informing the seller of their decision through an unequivocal statement sent by post to the address of the seller's registered office or to the contact e-mail of the e-shop. For this purpose, the buyer may also use the model withdrawal form published on the seller's website.
7.4 Upon successful submission of the withdrawal notification via the online features on the website (whether through the "My Order" section or the online form), the seller shall without delay send the consumer a confirmation of receipt of this withdrawal on a durable medium (by e-mail), together with a confirmation of the date and time of receipt and an overview of the data filled in by the consumer.
7.5 The withdrawal period shall be deemed to have been observed if the consumer sends the notification of exercise of the right of withdrawal (or submits it online via the web interface) before the statutory 14-day period expires.
7.6
Upon withdrawal from the contract, the seller shall refund to the buyer all payments received from the buyer in connection with the conclusion of the contract, in particular the purchase price of the goods, without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal from the contract. The costs of delivering the goods shall not be refunded to the buyer.7.7
The seller is not obligated to refund the payments under Section 7.5 of this article until the returned goods are delivered to the seller or until the buyer provides proof of their return shipment, whichever occurs first.7.8
The buyer is required to mail or personally deliver the goods back to the seller’s address no later than 14 days from the date of exercising the right to withdraw from the contract. The buyer bears the direct costs of returning the goods. The buyer is liable for any reduction in the value of the goods resulting from handling the goods beyond what is necessary to ascertain their nature, characteristics, and functionality.7.9
The right to withdraw from the contract does not apply to buyers who are business entities. Withdrawal from the contract by business entities is governed by the provisions of the Commercial Code.7.10
The buyer may cancel an order placed via the e-shop without penalty no later than 24 hours from the date the payment order was submitted, provided that the purchase price has not yet been credited to the seller’s account. The buyer is required to immediately notify the seller of the order cancellation in writing or electronically.7.11
If a purchase agreement is concluded at the seller’s place of business, particularly when purchasing goods directly at the store or upon personal pickup of the goods, where the purchase price is paid only upon personal pickup of the goods at the seller’s place of business, this does not constitute a distance contract. The buyer’s right to withdraw from the contract without giving a reason pursuant to Section 7 of Act No. 102/2014 Coll. does not apply to such a purchase contract.7.12
When purchasing goods pursuant to Section 7.10 of these GTC, the seller allows the buyer to exchange the goods within 14 calendar days from the date of purchase, subject to the following conditions:the item is unused, undamaged, and shows no signs of wear,
the item has its original tags and labels,
the buyer must present proof of purchase,
exchanges are only possible for other items currently offered by the seller,
refunds are not available.
7.13
The Seller reserves the right to refuse to exchange the goods if the conditions set forth in Section 7.11 of this Article are not met.7.14
The Seller’s contact information in the event of withdrawal from the contract or a complaint is as follows:
a) address: UNITY THREADS s.r.o., Račianska 3316/70, 831 02 Bratislava
b) email: cubee1@cubeshop.sk7.15
The supervisory authority is:
SOI Inspectorate for the Bratislava Region
Prievozská 32, P.O. Box 5, 820 07 Bratislava 27
Department of Product Technical Inspection and Consumer Protection
Tel.: 02/5827 2172–3; 02/5827 2104
Fax: 02/5827 2170
Email: lubica.petiova@soi.sk, anna.dubekova@soi.sk, ba@soi.sk
VIII. Liability for Defects, Warranty, and Claims
8.1 The Seller shall not be liable for product defects if such defects are caused by poor-quality source materials provided by the Buyer.8.2 The Seller is not obligated to notify the Buyer of the poor quality of the source materials. The Seller does not check the quality of the supplied source materials, does not edit or modify them in any way, but processes them automatically. Likewise, the Seller is not liable for the content of the source materials and their compliance with generally binding legal regulations, nor for any infringement of third-party intellectual property rights.
8.3 The Buyer is solely responsible for product defects caused by the delivery of defective or low-quality source materials.
8.4 The Buyer is responsible for the content of the source materials and their compliance with the generally binding legal regulations of the Slovak Republic and/or with general morality, and is liable for any damage that may be caused to third parties in connection with the use of the products.
8.5 If, while processing the order, the Seller determines that the content of the source materials is defamatory, or contrary to the Seller’s moral and ethical views, or generally binding legal regulations, the Seller is entitled to withdraw from the purchase agreement by delivering a written notice of cancellation of the order confirmation via email. The buyer is not entitled to any compensation, except for a refund of the purchase price already paid.
8.6 The Seller provides a warranty for the delivered products in accordance with the relevant laws of the Slovak Republic. The warranty period begins on the date the Buyer takes delivery of the product. For Buyers who are business entities, liability for product defects and the terms of the warranty are governed by the provisions of the Commercial Code.
8.7 In the event of the return of a product with a defect that became apparent only after its acceptance and that was not obvious or detectable during a routine inspection upon acceptance, the buyer is entitled to a reasonable discount on the purchase price corresponding to the nature and extent of the defect or a refund of the purchase price. If the defect renders the item unusable, the buyer is entitled to withdraw from the contract. Upon agreement between the contracting parties, the defective product may also be replaced with a new, defect-free product. Damaged or defective goods must be complete.
8.8 The buyer is entitled to file a complaint regarding the product during the warranty period, immediately upon becoming aware of the product defect, by sending a written complaint to the seller’s address specified in these GTC, in accordance with generally binding legal regulations.
8.9 The Seller is obligated to process the complaint and notify the Buyer in writing (electronically or by mail) of the outcome of the complaint within 30 days of receiving the written complaint.
8.10 The procedures set forth in this Article shall apply mutatis mutandis to the filing of complaints or suggestions by the Buyer.
IX. Protection of Personal Data and Privacy
9.1 By completing the order form, the Buyer acknowledges and declares that they have been informed in accordance with Act No. 122/2013 Coll. on the Protection of Personal Data.
These GTC are valid in the version published on the Seller’s website and have been approved by the competent body of UNITY THREADS s.r.o.
The text of the GTC is effective as of Jun 16, 2016