Introductory provisions and definitions
- 1. The trading company Neseda j.s.a. shall act as an Operator of the website/e-shop www.neseda.com, Seller on the website/e-shop www.neseda.com and Supplier of Goods and/or Services offered via the www.neseda.com website/e-shop. [Head office: Párovská 9, 949 01 Nitra, Slovak Republic, ID no.: 51 118 327, registered in the Commercial Register of the District Court Bratislava I, Section: Sja, Item no.: 25/B] – this address is also used for consumer claims, complaints and other types of contact.
- 2. The Operator’s/Seller’s contact details are as follows – telephone number: +421 948 496 765, e-mail address: firstname.lastname@example.org, mailing address: Neseda j.s.a., Squarebizz Business Center Bory, Devínska Nová Ves, house no.: 7465 (Building B), 841 07 Bratislava, Slovak Republic – this address is also used for consumer claims, complaints and other types of customer contact.
- 3. Supervisory authority: Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Prievozská 32, PO Box 5, 820 07 Bratislava, Slovak Republic
- 4. In the event of a dispute arising from the contract between the Consumer and the Operator/Seller, which cannot be resolved amicably and by mutual agreement, the Consumer may submit a proposal for an alternative dispute resolution to the authority for alternative dispute resolutions of consumer disputes: Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Resolution of Consumer Disputes, Prievozská 32, 827 99 Bratislava 27, e-mail: email@example.com, firstname.lastname@example.org, web: www.soi.sk, and/or the list of alternative dispute resolution authorities can be found on the website of the Ministry of Economy of the Slovak Republic – http://www.economy.gov.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s (hereinafter referred to as “ARS” in the relevant grammatical form).
- 5. The Consumer can contact the Operator/Seller with a request for redress if they are dissatisfied with the handling of the complaint, or believe that the Operator/Seller has violated their rights. If the Operator/Seller rejects this request or fails to respond to it within thirty (30) days, the Consumer is entitled to submit a proposal for the initiation of alternative dispute resolution to the above ARS alternative dispute resolution authority. The proposal can be submitted by the Consumer in the manner specified in Article 12 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to other legislation. Alternative dispute resolution only applies to the disputes between the Consumer and Operator/Seller arising from the consumer contract or related to the consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution shall not apply to a dispute whose value is below twenty (20) euros. The ARS authority may demand payment of a fee for initiating the alternative dispute resolution from the Consumer up to a maximum of five (5) euros including VAT. The Consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
- 6. A Buyer is any visitor (including a legal entity) on the www.neseda.com website/e-shop who placed an order for the purchase of Goods or Services through the e-shop. A Consumer is defined as any natural person who does not act within the scope of their business activities, employment or profession when concluding and fulfilling a consumer contract.
- 7. A Purchase Contract is defined as a contract for the purchase of Goods or Services, which the Buyer concludes with the Seller by accepting these General Terms and Conditions and other conditions relating to the provision of a specific Service by the Seller, by placing the Buyer’s order and its acceptance by the Seller, while the Purchase Contract also includes the Rental Agreement (defined below) for the purposes of these General Terms and Conditions.
- 8. For the purposes of these General Terms and Conditions, an E-shop means a computer system located on the Internet with public access, which enables the ordering of Goods and Services via the www.neseda.com website.
- 9. Goods are defined as all products published on the website of the www.neseda.com e-shop, especially, but not limited to, the dynamic Neseda Chair.
- 10. Services are defined as all services provided by the Operator through the e-shop, in particular the “Rental” service, by ordering which a rental relationship can be established between the Buyer and Seller, which is regulated by a special agreement on the rental of movable assets (hereinafter referred to as the”Rental Agreement” in the relevant grammatical form).
- 11. An Order is a binding confirmation of the selection of Goods or Services by the Buyer through the www.neseda.com E-Shop, including the completion of the order form and its subsequent submission.
- 1. All purchase prices indicated for the Goods or Services in the www.neseda.com E-Shop are final, including value added tax (VAT). The purchase price is always denominated in euros (€).
- 2. The Seller and Buyer shall be bound by the purchase price listed in the www.neseda.com E-Shop at the moment the Buyer places the Order.
Ordering Goods or Services
- 1. An Order is established by confirming the selection of Goods or Services by the Buyer through the www.neseda.com E-Shop, including the completion of the order form and its subsequent submission. It is necessary to fill in all the required data in the Order and select the relevant shipping and payment method for the ordered Goods or Services for a correct and reliable processing of the Order. The Order can also be placed by e-mail or phone using the contact information in the “Contact” section of the website.
- 2. By placing the Order, the Buyer agrees to the price of the ordered Goods or Services – by sending the Order to the Seller, the Order becomes binding for the Buyer and is considered a proposal by the Buyer to conclude a Purchase Contract with the Seller.
- 3. The Purchase Contract is deemed established and/or concluded by the Seller’s confirmation of the Buyer’s Order, and it can only be changed, canceled or supplemented on the basis of a mutual agreement between the Buyer and Seller. The shipping of the Goods by the Seller (which will be notified to the Buyer via e-mail) is considered to be the confirmation of the Buyer’s Order.
- 4. After placing an order in the www.neseda.com E-Shop, the Buyer is sent an automatically generated e-mail with a notification about the acceptance of the Buyer’s Order by the www.neseda.com E-Shop – this e-mail is not a confirmation of the Buyer’s Order by the Seller, nor is it considered an acceptance of the proposal to conclude a Purchase Contract by the Seller – this only happens once the Goods are shipped.
- 5. By sending the Order, the Buyer undertakes to pay the purchase price related to the ordered Goods or Services.
- 1. You can use the following payment methods to pay for the Goods or Services in the www.neseda.com E-Shop:
- 2. Advance payment by wire transfer to an account at Fio Banka, a.s. IBAN SK69 8330 0000 0020 0235 6659;
- 3. Payment by card or immediate bank transfer via Payout
- 1. If the ordered Goods are in stock, they are dispatched according to the capacity of the Seller in the shortest possible time. If the ordered Goods are not in stock, they are sent no later than sixty (60) days after the order was placed by the Buyer (if no other delivery time is specified for the ordered Goods).
- 2. If the Order contains Goods that can no longer be ordered, the Seller undertakes to inform the Buyer about this fact without undue delay and agree on the next steps and/or issue a refund of the purchase price.
- 3. The Seller shall send (electronically to the e-mail address specified in the Order) an invoice (tax document) to the Customer/Buyer together with the ordered Goods at the latest.
- 4. The place to which the Goods are delivered/sent is considered the place of fulfillment.
- 5. The Seller delivers/transports the ordered Goods to the Buyer via the Slovak Post or a private courier – depending on the Buyer’s selection when placing the Order. If necessary, the Buyer can also pick up the Order in person at EKO Sklad & Fulfillment, SQUAREBIZZ BUSINESS CENTER (Building B), Devínska Nová Ves 7465, 841 07 Bratislava. The Order can be picked up on working days between 9:00 a.m. and 4:30 p.m. after receiving a notification SMS.
- 6. The Buyer may refuse to accept the Goods if the packaging of the Goods is visibly damaged.
If the Goods with a visibly damaged packaging are received by the Buyer, the Buyer can file a report with the carrier about the damaged packaging and/or immediately notify the Seller thereof. The Buyer shall keep the damaged packaging or make photos of the damaged packaging, which are then submitted to the Seller in the event of a claim.
- 7. The delivery terms also apply to the delivery of Goods that the Seller supplies to the Buyer as part of the Services ordered by the Buyer, unless the specific terms and conditions of such Services stipulate otherwise.
- 1. The cost of transporting the ordered Goods is borne by the Buyer and the amount depends on the type of transport selected by the Buyer.
- 2. Shipping costs are not part of the purchase price. The shipping costs for each type of transport are clearly stated when placing the Order.
Transfer of title
- 1. The Goods remain the sole property of the Seller, and the Buyer acquires ownership of the ordered Goods only after full payment of the entire purchase price.
Consumer’s right to return the Goods without a justification and Consumer instruction
- 1. According to Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a distance contract or a contract concluded outside the seller’s premises and amendments to other legislation, as amended (hereinafter referred to as the “Act” in the relevant grammatical form), and according to the provisions of Article 7 et seq. of the Act, the Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days from the date of receipt of the Goods for any reason and without a justification. If the subject of the Purchase Contract is the delivery of Goods, the Consumer has the right to withdraw from the contract even before the delivery of the Goods. The Consumer can exercise the right to withdraw from the contract with the Seller in writing or as a record on another type of durable medium.
- 1. The deadline for withdrawal from the Contract is considered to be observed if the notice of withdrawal from the contract was sent to the Seller’s business address – Neseda j.s.a., Squarebizz Business Center Bory, Devínska Nová Ves, house no.: 7465 (Building B), 841 07 Bratislava, Slovak Republic, no later than on the last day of said deadline. The Consumer is obliged to send the Goods back or hand them over to the Seller or a person authorized by the Seller no later than fourteen (14) days from the date of withdrawal from the contract. This does not apply if the Seller proposes to pick the Goods up in person or through an authorized person. The deadline according to the first sentence is considered to have been observed if the Goods were handed over for transport no later than on the last day of the deadline. After the notification of withdrawal from the contract, the Consumer is obliged to personally send or deliver the subject of contract from which the Consumer is withdrawing together with all relevant documentation – e.g. the original invoice, user manual and other documentation to the Goods, which were delivered together with the Goods.
- 3. The product returns by Consumers shall be governed by the following rules (not exclusively):
- 1. Do not send the Goods that you intend to return to us in the cash on delivery (COD) mode; such Goods will not be accepted;
- 2. The Seller will return the payment for the Goods, including transport costs, to the Buyer (however, the Seller is not obliged to reimburse the Consumer for additional costs if the Consumer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the Seller; the additional costs are understood to mean the difference between the delivery costs as chosen by the Consumer and the costs of the cheapest usual method of delivery offered by the Seller) as well as the costs demonstrably incurred for ordering the Goods within fourteen (14) days from the date of delivery of the withdrawal from the contract, however, the Seller is not obliged to return the money before the Goods are received or unless the Consumer provides evidence that the Goods have been sent; this shall not apply if the Seller has proposed to collect the Goods in person;
- 3. The Seller is obliged to return the payments to the Consumer in the same way the Consumer originally used to execute the payment – this does not affect the Consumer’s right to agree on another payment method with the Seller if no additional fees are charged to the Consumer in connection therewith;
- 4. The cost of returning the Goods to the Seller is borne by the Consumer;
- 5. The Consumer shall bear any decrease in the value of the Goods, which was caused by its use beyond the scope necessary to determine the functionality and properties of the Goods;
- 4. By granting consent with the provision of Services before the expiry of the period for withdrawing from the Rental Agreement, the Buyer loses the right to withdraw from the Rental Agreement after the full provision of Services (proper delivery of the Goods or the subject of rental). The Buyer acknowledges that if they choose to withdraw from the Rental Agreement despite the consent given according to the previous sentence, they are obliged to pay the Seller the purchase price for the Services provided in full because the full provision of the Services took place at the moment of proper delivery of the Goods (the subject of rental) to the Buyer.
Rights and duties of the Contracting Parties
- 1. The Buyer is obliged in particular, but not exclusively, to:
- 1. accept and receive the ordered Goods (see Article XII. paragraph 1 of these General Terms and Conditions – compensation for damage in case of non-acceptance),
- 2. pay the purchase price for the Goods to the Seller,
- 3. check the integrity of packaging and/or the Goods upon receipt.
- 2. The Seller is obliged in particular, but not exclusively, to:
- 1. deliver the Goods to the Buyer in the required quality, quantity and at the agreed price,
- 2. send the Buyer all documents related to the Goods together with the Goods or separately, such as the invoice for the Goods, user manual etc.
Complaints procedure, liability for product defects
- 1. If the Buyer acts as a Consumer, the Seller shall be responsible for defects in the Goods or Services to the extent pursuant to Article 619 et seq., Act No. 40/1964 Coll. Civil Code, as amended. If the Buyer acts as an Entrepreneur, the Seller shall be responsible for defects in the Goods or Services to the extent according to the provisions of Article 422 et seq., Act No. 513/1991 Coll. Commercial Code, as amended, with a view to the fact that the provisions of this article shall not be applied. The Seller is not responsible for damage to the Goods in transport.
- 2. All defects in the Goods must be reported to the Seller by the Consumer without undue delay upon their discovery. The Consumer may exercise their product liability rights by sending a copy of the tax document and a justification of the claim to the Seller’s address: Neseda j.s.a., Squarebizz Business Center Bory, Devínska Nová Ves, house no.: 7465 (Building B), 841 07 Bratislava, Slovak Republic.
- 3. The Seller advises the Consumer (to provide evidence that the shipment has been sent in the event of loss) to send the claimed Goods to the Seller through registered mail.
- 4. A product liability claim is considered to be served at the moment of delivery of the claimed Goods together with all documentation and accessories stipulated by law to the Seller.
- 5. For each product purchased from the Seller, an invoice (tax document) is sent to the Consumer (electronically to the e-mail address specified in the order) upon delivery at the latest, which also serves as a warranty document (warranty certificate). Complaints can only be made on the Goods purchased from the Seller that have been fully paid for.
- 6. For the proper and timely handling of the claim, the Seller recommends the Consumer to describe the defect as succinctly as possible, and the Seller is obliged to process only those defects that the Consumer complained about.
- 7. When claiming the liability for product defects, the Consumer is required to provide evidence that they purchased the claimed Goods from the Seller. The Seller advises the Consumer to present a proof of purchase for this purpose.
- 8. If the Consumer lodges a claim, the Seller or an authorized employee is obliged to instruct the Consumer about their rights arising from the application of liability claims for product defects during the warranty period according to Act no. 40/1964 Coll. Civil Code, as amended, and based on which of these rights is applied by the Consumer, the Seller or an authorized employee determines the method to process the claim either immediately or no later than three (3) working days from the date of application of the claim in complex cases, and, in justified cases, particularly when a complex technical evaluation of the condition of the Goods is required (e.g. assessment of the Goods by an expert, etc.), no later than thirty (30) days from the date of application. After determining the method to process the claim, the claim shall be processed immediately or later in justified cases; however, the processing of the claim may not take longer than thirty (30) days from the date of application. After the expiry of the deadline for processing the claim, the Consumer has the right to withdraw from the Purchase Contract or exchange the Goods for new Goods.
- 9. Pursuant to Article 622 – 623 of Act no. 40/1964 Coll., Civil Code, as amended, the following applies with regard to defects in the sold Goods:
- 1. if the defect can be removed, the Buyer has the right to have the defect removed free of charge and in a timely and proper manner. The Seller is obliged to remove the defect without undue delay;
- 2. The Buyer may demand a replacement item instead of removing the defect, or if the defect only concerns some parts of the item, a replacement of the relevant part if it does not incur disproportionate costs to the Seller in view of the price of the Goods or severity of the defect;
- 3. The Seller is free to replace the defective item with a faultless one instead of removing the defect if this causes no serious difficulties for the Buyer;
- 4. If the defect cannot be removed and it prevents the item from being used properly as a defect-free item, the Buyer has the right to have the item exchanged or withdraw from the contract. The same rights shall apply to the Buyer if the defects can be removed, but the Buyer cannot properly use the item due to the reappearance of the defect after the repair, or due to a larger number of defects;
- 5. If the above affects other non-removable defects, the Buyer has the right to a reasonable discount from the price of the item.
- 10. For the purposes of this Complaints Procedure or these General Terms and Conditions, a claim is deemed satisfied by the termination of the complaints procedure/claim either by (i) delivering the repaired Goods, (ii) exchanging the Goods, (iii) returning the purchase price of the Goods, (iv) providing an appropriate discount on the price of the Goods, (in ) a written invitation to take over the performance, or (vi) by a reasoned rejection of the claim.
- 11. When making a claim, the Seller shall issue a confirmation of the claim to the Consumer. If the claim is lodged remotely via the means of remote communication, the Seller is obliged to deliver the confirmation of the claim immediately, and if it is not possible to deliver the confirmation immediately, the Seller shall deliver it without undue delay, or together with the document on the completion of the claim at the latest; the confirmation of the claim does not need to be delivered if the Consumer can demonstrate the application of the claim in other ways. The confirmation of receipt of the claim shall contain, among other things, the identification of the Seller and the Consumer, the purpose of the claim according to the Consumer, the method of processing of the claim, the date and place of receipt of the claim and the signature of the responsible employee of the Seller.
- 12. If the Consumer files a claim within the first twelve (12) months from the conclusion of the Purchase Contract, the Seller can only reject it on the basis of a written statement by an expert or an opinion issued by an authorized, notified or accredited person, or the opinion of a person authorized by the manufacturer to carry out warranty repairs (hereinafter referred to as the “Expert Assessment” in the relevant grammatical form). Regardless of the result of the Expert Assessment, the Seller may not require the Consumer to pay the cost of the Expert Assessment of the Goods or other costs related to the Expert Assessment of the Goods.
- 13. The Seller shall provide the Consumer with a copy of the Expert Assessment justifying the rejection of the claim no later than fourteen (14) days from the day the claim was processed.
- 14. If the Consumer files a claim after the first twelve (12) months from the conclusion of the Purchase Contract and the Seller rejects it, the person processing the claim is obliged to indicate in the claim document the relevant authority the Consumer may contact and send the Goods for an Expert Assessment. If the Consumer sends the Goods for an Expert Assessment to the authority specified in the claim processing document, the costs of the Expert Assessment of the Goods, as well as all other related costs, shall be borne by the Seller regardless of the result of the Expert Assessment. If the Consumer proves the Seller’s liability for the claimed defects in the Goods through an Expert Assessment, they can resubmit the claim and the warranty period shall not lapse during the Expert Assessment of the Goods. The Seller is obliged to reimburse the Consumer all costs incurred for the Expert Assessment of the Goods, as well as all related costs incurred for this purpose, within fourteen (14) days from the date of the renewed claim. A renewed claim cannot be rejected.
- 15. The Seller is obliged to inform the Consumer that the claim has been processed and the method thereof to the electronic address provided in the claim or through other contact data (e.g. a SMS message to the mobile number provided), which can be used to notify the Consumer about how the claim is being processed. In this notification, the Seller shall state the deadline for collecting the claimed Goods – after agreement with the Consumer, the claimed Goods can also be sent to the address specified by the Consumer. The Seller is obliged to issue a written document about the completion of the claim no later than thirty (30) days from the date when the claim was made.
- 16. In the event that the Consumer fails to pick up the claimed Goods within the period specified by the Seller and the Consumer does not agree to have the claimed Goods sent by the Seller to the address specified by the Consumer, the Seller is entitled to charge an appropriate storage fee or sell the Goods at the expense of the Consumer. The Seller must inform the Consumer about this procedure in advance and provide a reasonable and sufficient time to collect the Goods.
- 17. In general, the warranty period for the Goods sold through the www.neseda.com e-shop is twenty-four months (24) from the receipt of the Goods if no additional warranty period is provided in these General Terms and Conditions, or for specific goods in the www.neseda.com e-shop, or in the documents pertinent to specific Goods. The Seller provides a warranty period of thirty-six (36) months from the receipt of the Goods for the dynamic Neseda Chair.
Information collection and protection of personal data
- 1. By concluding the Purchase Contract or placing an order, the Consumer as a natural person confirms that the personal data provided by them in the scope of their name, surname, residential address, e-mail address and telephone number are accurate and true. The processing of the above personal data is carried out on a legal basis: the processing of personal data is necessary for the performance of the Contract to which the Consumer is a contracting party, or for the implementation of measures prior to the conclusion of the Purchase Contract based on the Consumer’s request in accordance with the provisions of Article 6 ,point 1, letter b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (hereinafter referred to as “GDPR“)
- 2. The purpose of personal data processing is the collection, storage and processing of personal data by the Data Controller and their use for invoicing purposes and other actions related to the ordered Goods or Services, including the subsequent communication with the Consumer (claims, withdrawal from the contract, etc.), as well as for the needs of own consumer marketing, offers of Goods or Services and distribution of information about products and services, including by electronic means (e-mail, SMS, telemarketing). The Consumer bears full responsibility for the damage caused by incorrect or outdated personal data.
- 3. The Data Controller is authorized to process personal data beyond the scope specified in Article XI, point 1 of these GTC, the processing of which is not compatible with the legal basis specified in Article XI, point 1 of these GTC, only on the basis of prior consent provided by the Consumer voluntarily and for a predetermined purpose, scope and time. The Consumer has the right to revoke the consent in writing at any time. The withdrawal of consent is effective on the day of delivery to the Data Controller.
- 4. The Data Controller undertakes not to use or provide personal data beyond the scope necessary to provide the ordered Goods or Services and ensure their delivery, claims and repairs. The personal data shall not be provided to third parties with the exception of Products and Services where the contrary is expressly stated. In such cases, however, the Data Controller is obliged to agree to protect the personal data in the contractual relationship with a third party in accordance with applicable legislation, in particular the Personal Data Protection Act, and at the same time inform the Consumer in the Purchase Contract that the provision of personal data to a third party is necessary for the fulfillment of the Purchase Contract and the Goods or Services cannot be otherwise provided. For these purposes, it is essential that the Data Controller solicits consent from the Consumer.
- 5. All personal data are protected in accordance with the applicable legal regulations, in particular the Personal Data Protection Act.
- 6. The Data Controller undertakes to take all steps to ensure the highest level of protection of personal data of the Consumer against loss, damage or destruction.
- 7. In accordance with the provisions of Art. 13 GDPR, the Data Controller shall inform the Data Subject as a Consumer of the following:
- 1. Data Controller’s identification data: Neseda j.s.a., with registered office: Párovská 9, 949 01 Nitra, Slovak Republic, ID no.: 51 118 327, registered in the Commercial Register of the District Court Bratislava I, Section: Sja, Item no.: 25/B
- 2. The Data Controller can be contacted at the following e-mail address email@example.com.
- 3. The purpose and legal basis for the processing of personal data is stated in point 2 of this Article;
- 4. The list of personal data collected is provided in point 1 of this Article;
- 5. The Data Controller shall store the personal data at least for the period specified by law.
- 6. The Data Controller transfers the e-mail address, first name and last name to the United States of America due to the use of online tools whose servers are located in that country. According to the decision of the European Commission, this country guarantees an adequate level of personal data protection. In addition, the operators of online applications provide adequate guarantees for the security of consumer data and have guaranteed to process personal data in accordance with the GDPR.
- 7. In special cases when it is necessary for the Data Controller to provide personal data to a third party or transfer personal data to a third country other than those specified in point 7.6. of this Article for the provision of Goods or Services, the Data Controller shall provide the Consumer with additional information about this fact.
- 8. The Data Controller shall make it possible for the User to exercise their right of access to personal data pertaining to the Data Subject, right to rectification, erasure and restriction of processing of personal data, right to object to the processing of personal data and right to data portability.
- 9. If the User suspects that their personal data is being processed unlawfully, they can file a complaint with the Office for Personal Data Protection of the Slovak Republic to initiate a procedure for the protection of personal data according to Article 100 of the Personal Data Protection Act.
- 10. The provision of personal data in point 1 by the Consumer is necessary for the conclusion of a Purchase Contract and the provision of Goods or Services.
- 8. Information about the rights of the Data Subject– Consumer:
The person providing personal data (Data Subject – Consumer) has the following rights in accordance with the provisions of Art. 15 to 22 and Art. 34 GDPR:
- 1. Right of access to personal data according to Art. 15 GDPR: The Data Subject has the right to know whether the Data Controller processes personal data about the Data Subject. The Data Subject has the right to access these personal data and the right to information specified in point 13.8.
- 2. Right to rectification of personal data according to Art. 16 GDPR: The Data Subject has the right to make the Data Controller rectify incorrect personal data relating to the Data Subject without undue delay. Taking into account the purpose of personal data processing, the Data Subject has the right to supplement incomplete personal data.
- 3. Right to erasure of personal data according to Art. 17 GDPR: The Data Subject has the right to have the Data Controller erase the personal data relating to the Data Subject without undue delay if the Data Subject exercised its right to erasure and:
- 1. the personal data are no longer necessary for the purpose for which they were obtained or otherwise processed,
- 2. the Data Subject revokes the consent on the basis of which the processing of personal data is carried out, and there is no other legal basis for the processing of personal data,
- 3. the Data Subject objects to the processing of personal data and there are no valid reasons for the processing of personal data, or the Data Subject objects to the processing of personal data for the purpose of direct marketing,
- 4. The personal data are processed illegally,
- 5. The erasure is necessary due to the fulfillment of obligations according to the GDPR, Personal Data Protection Act, special regulations or international treaties by which the Slovak Republic is bound,
- 6. The personal data were obtained in connection with offers of information society services.
- 4. Right to restriction of processing of personal data according to Art. 18 GDPR: The Data Subject has the right for the Data Controller to restrict the processing of personal data if:
- 1. The Data Subject objects to the correctness of personal data during the period allowing the Data Controller to verify the correctness of personal data,
- 2. The processing of personal data is unlawful and the Data Subject objects to the erasure of personal data and instead requests the restriction of their use,
- 3. The Data Controller no longer needs the personal data for the purpose of processing, but the Data Subject needs them to assert a legal claim,
- 4. The Data Subject objects to the processing of personal data until it is verified whether the legitimate reasons on the part of the Data Controller prevail over the legitimate reasons on the part of the Data Subject.
The Data Subject whose processing of personal data is to be restricted shall be informed by the Data Controller before the restriction of personal data processing is canceled.
- 5. On the basis of Art. 19 GDPR, the Data Controller is obliged, if the Data Subject so requests, to inform the Data Subject about the recipients who the Data Controller has notified regarding the correction, erasure or restriction of processing of personal data.
- 6. Right to data portability according to Art. 20 GDPR: The Data Subject has the right to receive their personal data, which they provided to the Data Controller, in a structured, commonly used and machine-readable format, and has the right to transfer these personal data to another Data Controller.
- 7. Right to object to the processing of personal data according to Art. 21 GDPR: The Data Subject has the right to object to the processing of their personal data for reasons related to their specific situation on a legal basis when the processing of personal data is necessary to fulfill a task carried out in the public interest or on the grounds that the processing is necessary for the purpose of legitimate interests of the Data Controller or a third party, including profiling based on these provisions. The Data Controller shall not continue to process the personal data if it cannot justify the legitimate interests of processing that override the interests of the Data Subject or the rights or reasons for the application of a legal claim. The Data Subject has the right to object to the processing of their personal data on the grounds relating to direct marketing, including profiling, in the extent related to direct marketing.
- 8. On the basis of Art. 22 GDPR, the Data Subject has the right not to be subject to decisions based solely on the automated processing of personal data, including profiling, and having legal effects that concern or significantly affect the Data Subject.
- 9. On the basis of Art. 34 GDPR, the Data Subject has the right to be notified by the Data Controller of any personal data protection violation without undue delay if such a personal data protection violation may lead to a high risk for the rights of natural persons.
- 10. Provision of information to the Data Subject
- 1. The Data Controller is obliged to provide the Data Subject with all information according to Art. 13 of GDPR and notices pursuant to Art. 15 to 22 and Art. 34 GDPR, which relate to the processing of their personal data. The information shall be provided in print or electronic form, and as a rule, in the same format in which the application was made. If so requested by the Data Subject, the Data Controller shall provide the information orally if the Data Subject verifies their identity by other means. When exercising the rights under Art. 15 to 22 GDPR, the Data Controller is obliged to provide cooperation to the Data Subject.
- 2. The Data Controller is obliged to provide the Data Subject with all information according to point 1 within one month from the delivery of the request. This period can be extended by the Data Controller in substantiated cases, taking into account the complexity and number of requests, by additional two months, and even repeatedly. The Data Controller is obliged to inform the Data Subject about any such extension within one month from the receipt of the application together with the justification thereof.
- 3. Information under point 1 shall be provided by the Data Controller free of charge.
- 4. If the request of the Data Subject is clearly unsubstantiated or inappropriate, in particular due to its recurring nature, the Data Controller may demand a reasonable fee taking into account the administrative costs to provide the information, or a reasonable fee taking into account the administrative costs of issuing a notice, or a reasonable fee taking into account the administrative costs of the implementation of the required measures, or refuse to act upon the request.
- 11. Restriction of the rights of the Data Subject
The Data Controller shall inform the Data Subject on the restriction of the rights of the Data Subject in accordance with Art. 23 GDPR and Article 30 of the Personal Data Protection Act if the purpose of the restriction is not thereby jeopardized.
Compensation for damages in the event of non-acceptance of the Goods
- 1. The Seller has the right to compensation for damages in accordance with Article 420 et seq. of Act No. 40/1964 Coll., Civil Code, as amended , in the event that the Buyer orders the Goods but fails to cancel the order or withdraw from the contract, and cumulatively fails to accept/receive the Goods from the carrier.
- 2. When determining the amount of compensation for damages, the Seller takes into account the transport costs and associated fees, costs associated with packaging, shipping and administration of the Order, as well as all other costs related to the fulfillment of the relevant Order, and the Seller also has the right to charge the lost profit.
Warnings and basic rules when using the dynamic Neseda Chair
- 1. The dynamic Neseda Chair is a non-medical device.
- 2. Every user of the dynamic Neseda Chair is obliged to properly read and study the attached user manual before using the chair. When in doubt and/or in case of questions, we recommend contacting the Seller before use.
- 3. The users with medical limitations (especially, but not limited to, varicose veins, musculoskeletal limitations, etc.) are advised to consult with their treating physician and/or medical specialist before using the dynamic Neseda Chair.
- 1. By placing the order, the Buyer confirms that they have read these General Terms and Conditions, which also include the Complaints Procedure.
- 2. The Data Controller/Seller is entitled to unilaterally change these General Terms and Conditions, however, Data Controller/Seller is obliged to publish any such changes no later than thirty (30) days before the effective date. Any changes to these General Terms and Conditions shall be announced by means of a notice published on the www.neseda.com website at least thirty (30) calendar days before they take effect. Together with the notification of change , the full text of the General Terms and Conditions after the announced change shall be published on the www.neseda.com website.
- 3. Any issues not explicitly addressed by these General Terms and Conditions are governed by the laws of the Slovak Republic, in particular, but not exclusively, by Act No. 40/1964 Coll., Civil Code, as amended, Act No. 250/2007 Coll. on consumer protection and amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses, as amended, and Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a distance contract or a contract concluded outside the seller’s premises, and amendments to other legislation, as amended.
- 4. These General Terms and Conditions, including the Complaints Procedure, are available at the company’s headquarters for inspection by Buyers, and are also published in the www.neseda.com e-shop.
- 5. These General Terms and Conditions are the complete and full version after the amendment procedure of 31.5.2017, 22.5.2018 and 25.7.2022. This full text of the General Terms and Conditions enters into force on September 1, 2022.