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Terms and conditions

1. General provisions

1. These general terms and conditions (hereinafter referred to as “terms and conditions” in the appropriate grammatical form) are in accordance with the provisions of act no. 40/1964 Coll., the Civil code as in force and effect (hereinafter referred to as “CC”), act no. 250/2007 Coll., on consumer protection and amending the Slovak National Council act no. 372/1990 Coll. on misdemeanours, as amended (hereinafter referred to as the “consumer protection act” in the relevant grammatical form), act no. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services under a distance contract or a contract concluded outside the seller’s premises, and on amendments and additions to certain acts (hereinafter referred to as “act no. 102/2014 Coll.”).

2. These terms and conditions are issued:
Daniel Minárik, with its registered office at Vysokoškolákov 8556 33/A, 010 08 Žilina, Slovak Republic, ID number: 52 734 617, the company is registered in OU Čadca, no. trade register 520-30520
Business ID: 52 734 617
Tax ID: 1126028475
VAT: SK1126028475

Email: hello@minarikd.com

3. The present terms and conditions regulate the mutual rights and obligations between the seller and the natural person as the buyer who concludes the purchase agreement (hereinafter referred to as the “buyer” in the relevant grammatical form) via the web interface located on the website available at www.minarikd.com (hereinafter referred to as the “online shop” in the relevant grammatical form).

4. The provisions of the terms and conditions form an integral part of the purchase agreement. Different arrangements in the purchase agreement shall prevail over the provisions of the present terms and conditions.

5. The present terms and conditions and the purchase agreement are concluded in the Slovak language.

 

2. Information on goods and prices

1. Information on the goods, including the price of the individual goods and their main characteristics, is provided for the individual goods in the catalogue of the online shop. The prices of the goods include value added tax and all related charges. The prices of the goods shall remain valid for the period of time for which they are displayed in the online shop. The present provision shall not preclude the negotiation of a purchase agreement on individually agreed terms.

2. All presentation of the goods in the catalogue of the online shop serves for information purposes only and the seller shall not be obliged to conclude a purchase agreement with regard to these goods.

3. The seller reserves the right to adjust the price of the goods listed in the catalogue of the online shop operated by the seller at any time. A change in the price of the goods does not apply to purchase agreements concluded prior to the price change, regardless of the fact that the goods have not yet been supplied.

4. The costs of the long-distance communication means used for placing the order (e.g. via phone, internet, etc.) are determined by the applied standard rates of the telecommunication services used by the Buyer.

 

3. Concluding of the Purchase Contract

If the Buyer is identified as a Consumer, the Purchase Contract is offered by the Seller placing their product on sale on the webpage of their e-shop. The contact is concluded once the Buyer (Consumer) places an order, which is then received and acknowledged by the Seller. The reception of the order is immediately confirmed by the Seller via e-mail sent to the Buyer’s e-mail address, which the Buyer had provided. This e-mail, however, does not impact the conclusion of the Purchase Contract itself. The newly concluded contract (including the agreed upon price) can only be changed or cancelled based on an agreement of both Parties, or on legal reasons.

In the event that any of the requirements specified in the order cannot be fulfilled by the seller, the seller shall send a modified offer to the buyer at the buyer’s e-mail address. The amended offer shall be deemed to be a new proposal for a purchase agreement and the purchase agreement shall be concluded in such a case by the buyer’s confirmation of acceptance of the offer to the seller to its e-mail address set out in these terms and conditions.

All orders accepted by the seller shall be binding. The buyer may cancel an order until the buyer has received notification of acceptance of the order by the seller. The buyer shall be entitled to cancel the order by calling the seller’s telephone number or by electronic message to the seller’s e-mail address, both as set out in these terms and conditions.

In the event of an obvious technical error on the part of the seller in the price of the goods in the online shop or during the ordering process, the seller shall not be obliged to deliver the goods to the buyer at the price for such obviously incorrect price, even if the buyer has been sent an automatic notification of acceptance of the order in accordance with the present terms and conditions. The seller shall inform the buyer of the error without undue delay and shall send the buyer an amended quotation to the buyer’s e-mail address. The amended offer shall be deemed to be a new draft of the purchase agreement and the purchase agreement shall be concluded in such case by the confirmation of acceptance by the buyer to the seller’s e-mail address.

 

4. Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods pursuant to the purchase agreement in the following ways:
- by wire transfer to the seller’s account via the GP Webpay payment gateway.

2. Together with the purchase price, the buyer shall be obliged to pay to the seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price shall also include the cost of delivery of the goods.

3. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

4. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.

5. The seller shall not require any advance or other similar payment from the buyer in advance. Payment of the purchase price prior to dispatch of the goods shall not constitute a deposit.

6. Pursuant to the sales register act, the seller shall be obliged to issue a cash receipt to the buyer. At the same time, the seller shall be obliged to register the received sales with the tax administrator online, in case of technical failure within 48 hours at the latest.

7. The goods are delivered to the buyer to the address specified by the buyer in the order.

8. The choice of delivery method is made during the ordering process.

9. The cost of delivery of the goods, depending on the method of dispatch and collection of the goods, is specified in the buyer’s order and in the seller’s order confirmation. In the event that the method of delivery is agreed upon at the buyer’s special request, the buyer shall bear the risk and any additional costs associated with this method of delivery.

10. If the seller is obliged under the purchase agreement to deliver the goods to the place specified by the buyer in the order, the buyer shall be obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer shall be obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

11. On receipt of the goods from the carrier, the buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of any damage to the packaging indicating unauthorised intrusion, the buyer may not accept the consignment from the carrier.
The seller shall issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s e-mail address or is attached to the goods delivered.

12. Upon take-over of the goods at the agreed place, the ownership of the goods passes to the buyer. A buyer not meeting the definition of a consumer set out in section 2 (a) of the consumer protection act shall acquire the ownership right to the goods only by full payment of the entire purchase price for the goods.
The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorised by the buyer takes delivery of the goods from the seller or his representative authorised to deliver the goods, or, if he fails to do so in time, at the time when the seller allows the buyer to dispose of the goods and the buyer fails to take delivery of the goods.

 

5. Withdrawal from the agreement

1. A buyer who has concluded a purchase agreement outside his business activity as a consumer has the right to withdraw from the purchase agreement without giving any reason in accordance with section 7 et seq. of the act on consumer protection in distance selling.

2. The period for withdrawal from the agreement is 14 days

  • as from the date of take-over of the goods;
  • as from the date of take-over of the last delivery of the goods, in the event that several types of goods or the delivery of several parts is the subject of the agreement;
  • as from the date of take-over of the first delivery of the goods, in the event that a regular recurring delivery of goods is the subject of the agreement.

3. The buyer may not, inter alia, withdraw from the purchase agreement:

  • Following the provision of services if they have been provided with his prior express consent before the expiry of the withdrawal period and the seller has notified the buyer prior to the conclusion of the agreement, that he has no right to withdraw from the agreement in such a case and if the service has been entirely provided;
  • following the supply of goods or services the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period;
  • following the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the agreement, which may be delivered only after the expiry of thirty days and the price of which depends on market fluctuations independent of the will of the seller;
  • following the supply of goods which have been customised according to the buyer’s wishes, custom-made goods or goods intended specifically for a single buyer;
  • following the supply of perishable goods and goods which, by their nature, have been irretrievably mixed with other goods after delivery;
  • following the supply of goods in sealed packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after supply;
  • following the supply of audio recordings, visual recordings, audio-visual recordings, books, or computer software if they are sold in protective packaging and the buyer has unwrapped that packaging;
  • following the supply of newspapers, periodicals, or magazines, except for sales under a subscription agreement and the sale of books not supplied in protective packaging;
  • following the supply of electronic content other than on a tangible medium, where the supply has been initiated with the express consent of the buyer and the buyer has declared that he has been duly informed that he loses the right to withdraw from the agreement by expressing the consent;
  • in other cases, referred to in section 7(6) of act no 102/2014 Coll.

4. In order to comply with the withdrawal period, the buyer shall be obliged to send the declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase agreement, the buyer is entitled to use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal form to the e-mail or to the delivery address of the seller specified in the present terms and conditions. The seller shall promptly acknowledge receipt of the form to the buyer.

6. The buyer who has withdrawn from the agreement shall be obliged to return the goods to the seller within 14 days of withdrawal from the agreement. The buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature.

7. If the buyer withdraws from the agreement, the seller shall reimburse to the buyer all funds, including delivery costs, received from the buyer in the same manner without delay, but at the latest within 14 days of the withdrawal from the agreement. The seller shall only reimburse the buyer the received funds in other way if the buyer agrees to this and if no further costs are incurred by the seller.

8. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

9. If the buyer withdraws from the purchase agreement, the seller shall not be obliged to return the received funds to the buyer before the buyer has handed over the goods to the seller or proved that he has sent the goods to the seller.

10. The goods must be returned by the buyer to the seller undamaged, unworn, and unsoiled and, if possible, in their original packaging. The seller shall be entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer’s claim for reimbursement of the purchase price.

11. The seller shall be entitled to withdraw from the purchase agreement on the grounds of stock-outs, unavailability of the goods or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The seller shall promptly inform the buyer via the e-mail address specified in the order and shall refund all funds, including delivery costs, received from the buyer under the agreement in the same manner or, where applicable, in the manner specified by the buyer, within 14 days of the notice of cancellation of the purchase agreement.

 

6. Complaints procedure (liability for defects, warranty, complaints)

1. In the case of a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to eliminate the defect without undue delay.

2. The buyer may, instead of remedying the defect, request a replacement of the goods or, if the defect concerns only a part of the goods, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.

3. Instead of eliminating the defect, the seller can always replace the defective goods with perfect ones, if this does not cause serious difficulties for the buyer.

4. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a defect-free item, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects.

5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.

6. The seller instructed the buyer about his rights under the provisions of Art. § 622 of the Civil Code (points 1. to 3. of these business and complaint conditions) and the rights arising from it. § 623 of the Civil Code (points 4. to 5. of these business and complaint conditions) by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.

7. The seller is responsible for defects in the goods in accordance with applicable regulations of the Slovak Republic and the buyer is obliged to file a complaint with the seller.

8. The valid complaint procedure of the seller applies to the handling of complaints, ie Art. 8 of these business and complaint conditions. The buyer was duly acquainted with the complaint procedure and informed about the conditions and method of claiming the goods, including information on where the claim can be made in accordance with Art. § 18 par. 1 of the Act in the period before concluding the purchase contract by placing these terms and conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.

9. The complaint procedure applies to goods purchased by the buyer from the seller in the form of an e-shop on the seller's e-shop website or to goods purchased at the seller's point of sale.

10. The buyer has the right to claim liability from the seller during the warranty period for defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible.

11. If the goods show defects, the buyer has the right to file a complaint at the seller's premises in accordance with Art. § 18 par. 2 of the Act by delivering the goods to the seller's premises and delivering to the seller a statement of the buyer's will to exercise his right under points 1. to 5. of these business and complaint conditions (hereinafter referred to as the "Notice of Complaint"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller's e-shop. The seller recommends insuring the goods when sending them for a complaint. The seller does not accept cash on delivery. The Buyer is obliged to state all the required information truthfully in the Notice of Complaint, in particular to precisely indicate the type and extent of the defect in the goods; the buyer shall also state which of his rights arising from para. Sections 622 and 633 of the Civil Code apply.

12. The complaint procedure concerning goods that can be delivered to the seller begins on the day when all the following conditions are cumulatively met:

  • delivery of the Notice of Complaint to the Seller,
  • delivery of the claimed goods from the buyer to the seller or a designated person.

13. The seller or a designated person shall issue to the buyer a confirmation of the claim of the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately indicate the claimed defects of the goods and once again inform the consumer of his rights under point 1. to 3. these business and complaint conditions (provisions of § 622 of the Civil Code) and the rights arising from point 4. to 5. of these business and complaint conditions (provisions of Section 623 of the Civil Code). If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.

14. The buyer is entitled to decide which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about its decision to the seller. Based on the decision of the buyer, which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling complaints according to Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required no later than 30 days from the date of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately; in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the time limit for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.

15. If the buyer has lodged a claim for the goods within the first 12 months of concluding the purchase contract, the seller may handle the claim by rejection only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or a designated person (hereinafter " expert assessment of goods "). Irrespective of the result of the professional assessment, the seller may not require the buyer to reimburse the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods.

16. If the buyer has made a product complaint after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint handling document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for professional assessment to the designated person specified in the document on the handling of the complaint, the costs of professional assessment of the goods, as well as all other related expediently incurred costs shall be borne by the seller regardless of the result of professional assessment. If the buyer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a claim again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-submitted complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

17. The warranty does not cover defects of which the buyer was notified by the seller at the time of concluding the contract or which, taking into account the circumstances under which the purchase contract was concluded, must have known.

18. The seller reserves the right to replace defective goods with other perfect goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.

19. The seller is not responsible for defects in the goods:

  • if the buyer has not exercised his right concerning the seller's liability for defect in the goods by the end of the warranty period of the goods,
  • if the defect of the goods is mechanical damage to the goods caused by the buyer,
  • if the defect of the goods was caused by the use of the goods in conditions that do not correspond with their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,
  • if the defect of the goods was caused by improper handling, service or neglect of care of the goods,
  • if the defect of the goods was caused by damage to the goods by excessive loading or use in violation of the conditions specified in the documentation or general principles of normal use of the goods,
  • if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events,
  • if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
  • if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
  • if the defect of the goods was caused by an intervention in the goods by an unauthorized person.
  • If the shipment is not complete, resp. in the case of an obvious defect which the buyer could have found during the delivery of the goods and which he did not notify the seller's representative in accordance with point 5.9 of these complaint and business conditions, later claims of this kind will be accepted only if the buyer proves that the claimed defects time of its takeover by the buyer.

20. The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

  • by handing over the repaired goods,
  • exchange of goods,
  • by returning the purchase price of the goods,
  • by paying a reasonable discount on the price of the goods,
  • a written request to take over the performance specified by the seller,
  • a reasoned rejection of a claim for goods.

21. The seller is obliged to issue a written document to the buyer about the method of determining the complaint and the handling of the complaint no later than 30 days from the date of the complaint in person, through the provider of postal or courier or delivery service. The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail and at the same time he will be together with the goods, resp. proof of complaint handling delivered via e-mail.

22. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases.

23. The warranty period is extended by the time during which the buyer could not use the goods due to warranty repair of the goods.

24. In the case of an exchange of goods for a new one, the buyer will receive a document stating information about the exchange of goods, and any further complaints are applied on the basis of the purchase contract and this complaint document. In the case of exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods.

25. With regard to the remediable defect, the complaint will be settled depending on the decision of the buyer according to point 15. these complaint and business conditions as follows:

  • the seller ensures that the defect is remedied;
  • or the seller replaces the defective goods.

26. In the case of a remediable defect and the buyer shall not immediately determine in accordance with paragraph 15. of these complaint and business conditions, how the complaint should be handled, the seller will handle the complaint by eliminating the defect.

27. In the case of a defect that cannot be remedied, or a single repetitive remediable defect, or a number of different remediable defects that prevent the goods from being properly used as defects, the seller will, depending on the buyer's decision under point 15. of these complaint and business conditions, the complaint is as follows:

  • by exchanging goods for other functional goods of the same or better technical parameters, or
  • in the event that the seller is unable to exchange the goods for another, he will settle the complaint by refunding the purchase price for the goods.

28. Complaint handling applies only to defects specified in the Notice of Complaint and in the confirmation of the claim of the goods according to clause 14. these complaint and business conditions.

29. For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect several times.

30. For the purposes of the complaint, the occurrence of more than three different remediable defects at the same time is considered to be a larger number of different remediable defects.

31. The right of the buyer to file a claim for a defect of the goods is after he has exercised his right and asked the seller to eliminate the defect of the goods according to point 1. of these complaint and business conditions are consumed and regardless of the result of the complaint, any re-application of the complaint of the same unique defect (not a defect of the same kind) will be rejected.

32. The provisions of Art. 8 of these complaint and business conditions do not explicitly apply to entities that do not meet the definition of a consumer specified in Art. § 2 letter a) of the Act.

 

7. Final provisions

1. If the purchase contract is concluded in writing, any change must be in writing.

2. The parties have agreed that communication between them will take place in the form of e-mails.

3. The relevant provisions of the Civil Code, the Act, Act no. 22/2004 Coll. On electronic commerce and on the amendment of Act no. 128/2002 Coll. On state control of the internal market in matters of consumer protection and on amendment of certain laws as amended by Act no. 284/2002 Coll., As amended, and Act no. 102/2014 Coll. On consumer protection in distance selling.

4. If the consumer is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights, he has the opportunity to turn to the seller for redress. If the seller responds to the request for redress or does not respond to it within 30 days from the date of its dispatch, the consumer has the right to file a motion to initiate an alternative solution to his dispute under the provisions of § 12 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Laws.

The relevant entity for alternative dispute resolution with the seller Daniel Minárik is the Slovak Trade Inspection, Bajkalská 21 / A, 827 99 Bratislava 27, www.soi.sk or another relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy Of the Slovak Republic (the list is available at http://www.mhsr.sk ); the consumer has the right to choose which of these ADR entities to turn to.

5. The consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal.