Article I.

Introductory provisions

These General Business Terms and Conditions (hereinafter referred to as “GTC”) for the e-shop are valid and effective from 14.05.2021. The GTCs apply to the conclusion of all purchase agreements between the ENERGA INVEST s.r.o., K rieke 4, 949 05, Dolné Krškany, Nitra, Slovakia, Business ID: 45 403 953, Tax ID no.: 2022961963 (hereinafter referred to as the “Seller”) and any person who is a customer (hereinafter referred to as the “Buyer”). These GTCs are based on the distance sale of goods from the Seller’s offer published on the internet shop at www.biati.sk (hereinafter referred as the “e-shop”) and are an integral part of any contract concluded between the Seller and the Buyer (hereinafter referred to as “purchase agreement”) unless the parties have expressly agreed otherwise.

The purchase of goods on the website www.biati.sk can be made by any legal entity and natural person, provided, the rules bellow are complied with.

Seller’s contact details:

E-mail: info@biati.sk

Fax: +421 376 566 693

Sale: +421 903 240 041, +421 903 720 064

Correspondence address: K rieke 4, 949 05, Dolné Krškany, Nitra, Slovakia

Business ID: 45 403 953

Tax ID No.: 2022961963

The Seller reserves the right to amend or supplement the wording of these GTCs. Any changes or additions take effect by publishing them on the website www.biati.sk. This provision is without prejudice to rights and obligations arising prior to amendments enter into force.

The GTC as well as all documents related to the conclusion of the purchase agreement are prepared in the Slovak language. The purchase agreement can be concluded in Slovak language.

The competent authority supervising compliance with the consumer protection laws is:

Slovak Trade Inspection, SOI Inspectorate, Predmestská 71, P.O.Box B-89, 011 79 Žilina 1, Slovakia

Article II.

The Buyer as a consumer and their rights

For the purposes of these GTC, the consumer is considered a Buyer.

(a) At the beginning of the business relationship, the Buyer provides the Seller with his contact details and all the information necessary for the smooth processing of the order, to the extent of the requirements and adjustments contained in these GTC.

(b)  Legal relations between the Seller and the Buyer, which are not expressly regulated by these GTC are governed by the relevant provisions of Act. no. 40/1964 Coll. Civil Code as amended and Act. no. 250/2007 Coll. on Consumer Protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended, as well as other related regulations.

These GTC do not apply to legal relationship in which the customer is not a consumer.

The Buyer is aware that by purchasing the products, which are in the Seller’s business offer in accordance with these GTC, the Buyer does not acquire any rights to use registered brands, trademarks, trade names, company logos, patents or the Seller’s suppliers and other entities.

Article III.

Placing an Order

The Buyer orders the Seller’s products and services through an electronic means using the Sellers website at www.biati.sk by writing an e-mail, (including orders and messages sent through forms, as well as through the e-shop). Communication between the Buyer and the Seller related to the conclusion of the purchase agreement and the delivery of goods may also take place by telephone, but the data provided in the written e-mail form are decisive. The Seller is bound by his offers, including prices, on the day when these offers are published on the e-shop, which is operated by the Seller, unless a specific offer of goods is stated, for example a shorter period or other information. An order prepared properly in accordance with the GTC and delivered to the Seller will be considered as binding and irrevocable proposal of the Buyer. The Buyer’s order as an expression of will leading to the conclusion of a purchase agreement, as well as the contractual relationship from the concluded purchase agreement are assessed according to Act. no. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on Distance Selling or Selling Outside Seller’s Premises, Act no. 22/2004 Coll. on Electronic Commerce, Act no. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and on the amendment of certain laws by Act. no. 284/2002 Coll. as amended.

In each order, the Buyer shall state the name and surname, telephone number, e-mail address, delivery and invoicing address, natural and entrepreneur will include Business ID, Tax ID and VAT ID. Furthermore, the Buyer shall state the name of the goods, the description of the goods, the number of pieces, the method of transport, the method of payment and the order issue date. An order duly completed and made via the e-shop order form automatically meets these conditions. Telephone and e-mail order made outside the e-shop form (if it contains all the required data) the Seller records into the e-shop order form, which considers order to be received. The data stated in the orders will be in accordance with the Personal Data Protection Act. no. 122/2013 Coll. used within business relationship between the Seller and the Buyer, to the extent and for the purposes stated in these GTC and will not be provided to a third party (with the exception of persons ensuring their processing, order processing, and transport of goods and possible warranty claim).

Once the Seller receives the Buyer’s order, he will record it in their system and the Buyer will be without undue delay notified about the order by confirmation e-mail including an order number and the order summary.

The Buyer has the right to cancel the order free of charge within 24 hours from the moment when the Seller sent the delivery confirmation e-mail in accordance with § 3. of this Article, if the purchase agreement has not yet been concluded at the time of cancellation. In the event of cancellation of the order, after the conclusion of the purchase agreement, the provisions of these GTC on withdrawal from the purchase agreement apply. The order can be cancelled exclusively in writing (by fax, e-mail), by delivering a written cancellation with the order number within the specified period to the Seller. You can find the Withdrawal Form HERE. The Seller will also notify the Buyer of the cancellation confirmation exclusively in writing to one of the contacts specified in the order. A written form is required due to a verifiable cancellation document for the Seller and for the order processing termination.

An order placed by the Buyer in accordance with these GTC is an order, which includes the Buyer’s obligation to pay the purchase price. By concluding the purchase agreement, the Buyer expressly confirms that he has been acquainted with the obligation to pay the purchase price based on the completed order.

Article IV.

Concluding a purchase agreement

The e-shop contains the goods that the Seller offers for sale. Every item in the offer includes the name of the item, final price in EUR, preliminary information about the stock availability and basic description of the goods (main characteristics description). This is without prejudice to the Seller’s ability to enter into a purchase agreement under individually agreed terms.

For the avoidance of any doubt, if the subjects of the Seller’s offer in the e-shop are services or similar performances, the provisions of these GTC relating to the regulation of the sale of goods shall apply mutatis mutandis, unless expressly provided otherwise.

The Buyer adds the selected goods to the cart, which is a part of the current e-shop offer (next to the goods, the “add to cart” button is displayed on the e-shop website). After choosing the method of transport and method of payment for these goods, the Buyer is informed of the final purchase price, which includes the sum of prices for selected goods placed in basket, including the applicable VAT and delivery prices and method of payment for these goods (charged by the Seller or shipping company). Before confirming the order, the Buyer is allowed to check or change the order, particularly change the content of the basket or correct any data concerning the quantity of ordered goods, delivery, and invoicing data or the method of payment for the goods. By submitting this order, which represents an order with payment obligation, the Buyer will make an irrevocable offer to the Seller to conclude a purchase agreement.

Immediately, after the Seller receives an order from the Buyer, he will confirm the delivery by sending the confirmation e-mail to the Buyer’s e-mail address, which he provided in the user interface of the e-shop or in the order.

The Seller will check the received order, verify the filled in data, the Buyer, and the availability of the goods and will start processing the order. When the goods are ready for dispatch, the Seller will send the Buyer a notification e-mail about the date of delivery or the time for personal collection (hereinafter referred as the “notification e-mail about delivery”).

By sending the notification e-mail about the delivery of goods, the proposal is accepted and the purchase agreement between the Seller and the Buyer is concluded.

The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement with the Buyer, especially if it is a person who has previously materially breached the purchase agreement of these GTC or in relation to the Seller violated good morals. The Seller undertakes to return to the Buyer the amount already paid.

By concluding the purchase agreement, the Buyer agrees with these GTC and declares that he had the opportunity to be acquainted with these GTC before its conclusion.

The Buyer agrees to the use of means of communication at a distance when concluding the purchase agreement. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the purchase agreement shall be borne and reimbursed by the Buyer.

Article V.

Payment Terms

In Buyer’s orders, which he realises through the e-shop, the decisive purchase price is the price of the goods at the time of sending the duly completed order. Otherwise, the final purchase price of the goods is the one listed in the e-shop at the time of delivery of the order to the Seller. The price of the goods includes VAT and is stated in EUR. The price and payments for the delivery of goods, other services, and any other fees according to these GTC are not included in the price of the goods and are charged separately and together with the price of the goods, they form the total and final price. The purchase price does not include prices for banking services, which the bank charges based on a special contractual relationship with the Buyer.

The Buyer chooses one of the payment methods specified in the e-shop order form and pays the agreed purchase price within the period specified in these GTC, unless both parties agree otherwise and the e-shop allows such payment method at the time of sending the order. The following payment methods can be listed in the e-shop:

  1. a) by cash – the payment in the Seller’s store for personal collection of goods (personal collection is possible for all assortments, which are listed “in stock;”
  2. b) by cash on delivery – i.e. in cash upon delivery by a courier service;
  3. c) by bank transfer – payment in advance to the Seller’s account:

PAYMENT IN ADVANCE TO THE ACCOUNT: Payment can also be made in advance, by transfer to the Seller’s account.

If you want to use this option when placing your order, just select “Bank transfer” in the section, “Method of payment.” Please send the final price amount of your order to our account: SLSP IBAN: SK63 0900 0000 0002 3494 2084 (Slovenská sporiteľňa). As a variable symbol, use your order number, which you got in the confirmation of order e-mail.

  1. d) by card payment – when completing the order

After the Seller receives the payment, the goods are immediately sent to the specified address as a package. Our bank institution is Slovenská sporiteľňa. (Please do not pay in advance unless you have received the payment information from us).

If there is no further specification within the e-shop in connection with personal collection in the store, it is considered that only cash payment is possible (according to Article V. par. 2a. and these GTC)

The Buyer acquires ownership of the goods by paying the full purchase price.

Article VI.

Terms of delivery

The Seller undertakes to deliver the goods to the Buyer no later than 5 days from the conclusion of the purchase agreement. The Buyer acknowledges that the delivery date stated in the user interface of the e-shop is only indicative and is properly marked in the user interface of the e-shop. In exceptional cases, when certain types of goods are not in stock and are not available from manufacturers and importers, the delivery time may be longer, the Buyer will be notified in time when the order is being verified.

The Buyer is obliged to choose the method of delivery of goods when making the order, to the extent of current options listed in the e-shop at the time of making the order. In this way, the Seller and the Buyer agree on a place for pick up/collection or delivery of goods.

(a) The personal collection of the goods, which are in stock, is available in the Seller’s store at the address: K rieke 4, 949 05, Dolné Krškany, Nitra, Slovakia – free of charge. In the e-shop, the Buyer chooses in the method of delivery a “personal collection.” The Seller undertakes to inform the Buyer about the delivery and/or delivery date of the goods to the address of the store and the duration of the collection period without undue delay by sending the confirmation e-mail about delivery, unless otherwise agreed. The goods will be ready for collection at the address of the Seller’s store, within the period specified by the Seller in the confirmation e-mail about delivery. If the duration and/or end of the delivery period is not specified or in case of doubt, the collection period is 5 calendar days from the moment, when the Seller sent the Buyer confirmation e-mail about delivery, or 5 calendar days from the date, which is stated in the confirmation e-mail about the delivery, unless the parties agree otherwise. The Seller may provide the Buyer with an additional collection period of 2 calendar days, about which he will inform the Buyer by e-mail. If the Buyer does not collect the goods within the delivery period or in the additional collection period (if it was provided to him), the Seller is entitled to withdraw from the purchase agreement. The Seller shall ensure that the ordered goods are in the Seller’s store during the collection period, while the Buyer is entitled to pick them up during the opening hours of this store.

(b) Delivery to the place designated by the Buyer as the “delivery address” by courier (shipping service) – the Seller will inform the Buyer about the date of delivery of the goods to the place specified by the Buyer when dispatching the goods from the Seller’s warehouse by sending notification e-mail about delivery. The Seller shall provide delivery of the goods no later than the date specified in Article VI. par. 1. of these GTC.

(c) We process the orders after the agreement with the customer (by e-mail, telephone, or immediately after taking the order). A shipping company carries out the delivery. The goods, which are not in stock, will be delivered to the Buyer within the term according to mutual agreement (by e-mail, by phone).

The informative prices are listed in the section of order under the “Delivery Method.”

If the weight of the package exceeds 20 kg, we will inform you about the delivery price in advance and before processing your order.

The Seller is obliged to deliver the goods to the Buyer in accordance with the purchase agreement, without defects, which means the goods are in required quality, functionality, dimensions and they correspond with agreed purpose.

Article VII.

Taking over the product

The Buyer undertakes to take over the goods within the period specified in the notification e-mail about delivery and at the address specified in the order as the delivery address. If the Buyer has chosen a personal collection in the store, he will take over the goods at the store’s address: K rieke 4, Dolné Krškany, Nitra, Slovakia.

Upon collection of the goods, the Buyer will check the physical integrity and completeness of the delivery. If the shipment is visibly damaged and/or destroyed, the Buyer immediately contacts the Seller and the shipping company (in the case of personal collection in the store with the Seller’s authorized employee) and files out the “A parcel damage report.”

The Buyer acquires ownership of the goods only after paying the full purchase price to the Seller, including all monetary amounts agreed in the distance purchase agreement. Payment is considered a payment, which is paid in cash, or credited to the Seller’s account. Until the transfer of ownership rights from the Seller to the Buyer, who holds the goods, the Buyer has all the obligations of the custodian and is obliged to safely store the goods at his own expense and mark it in a way that it can be identified as Seller’s goods in all circumstances.

The Seller is entitled to demand fulfilment of obligations, in particular the payment of the purchase price for goods and services, regardless of the fact that the ownership of the goods and services has not yet passed to the Buyer.

The risk of damage to the goods passes to the Buyer at the time of acceptance by him or his agent.

Article VIII.

Liability for defects

The Seller is responsible for the fact that the sold goods are in accordance with the purchase agreement, in particular that they are without defects. Compliance with the purchase agreement means, that the sold goods have the quality and useful properties stated by the Seller, the manufacturer or his representative, or the quality and useful properties, which are characteristic for goods of this kind. In addition, that the goods meet the legal requirements and correspond to the purpose stated by the Seller or for which the goods are normally used.

In the event of a complaint, the Buyer will send the claimed goods to the company’s registered address only as a consignment (the Seller does not accept cash on delivery). The package and the claimed goods must be properly packed and must contain complete claimed goods, the warranty certificate, full description of the claim including the defects and contact details of a Buyer.

If the complaint is justified, the Seller and the Buyer agree on the solution of the complaint, while the Buyer accepts the following sequence:

(a) Removable defects: In the case of a defect , which can be removed, the Buyer has the right to have it removed free of charge, in a timely and proper manner, and the Seller is obliged to remove the defect without undue delay. If this is not sufficient enough due to the nature of the defect, the Buyer may require the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of this part. Complaints, including the elimination of defect must be handled without undue delay but no later than 30 days.

(b) Defect, which cannot be removed: If the defect cannot be removed, the goods will be exchanged for the new ones or by agreement for similar goods.

(c) If it is not possible to implement the points 1 and 2, then the Buyer has the right to withdraw from the contract and the Seller will reimburse the price paid for the goods.

Complaints of goods are handled by the Seller within a maximum of 30 days from the date of filling the complaint by the Buyer.

By settling a justified complaint, the warranty period is extended by the duration of the complaint. If the claim was settled by exchanging the goods for the new ones within the statutory warranty period, then the warranty period will start running again from the date of settlement of the claim.

The warranty does not apply to wear and tear goods caused by their normal use or to defects caused by improper installation by the Buyer or unprofessional handling of the goods by Buyer during the transport. At the same time, the warranty does not cover normal degradation (capacity) of batteries forming part of the goods caused by their normal use. The period of use, i.e. battery life, which is specified by the individual manufacturers.

A warranty certificate will be delivered to the Buyer together with the goods. If the warranty certificate is not delivered together with the goods, the proof of purchase, which is an invoice or sales receipt from the cashier, will sufficiently replace it.

Article IX.

Personal data protection and sending business notifications

The Buyer agrees with their personal data processing by the Seller (name and surname, address, e-mail address, telephone number – collectively referred as “personal data”), for the purpose of their use and further processing due to fulfilment of the Seller’s contractual obligations and for the purpose of performing the Seller’s business, services and advertising activities. The Buyer agrees to data processing for the period during which the Seller will develop their business activity. The personal data will be collected, processed and stored in accordance with valid legal regulations of the Slovak Republic, in particular in accordance with Act. no. 122/2013 Coll. on the Protection of Personal Data, as amended.

The Buyer’s personal data shall not be provided without his consent to a person other than the Seller who may assign a third party as a processor. In this case the Seller’s intermediary is the company Energa Invest, s.r.o., K rieke 4, 949 05, Nitra. The Seller will ensure the protection of personal data against misuse.

The Buyer has the right to request the information from the Seller about the method of processing their personal data and the Seller is obliged to inform them about this without undue delay. For the provision of the information in question, the Seller may demand from the Buyer an adequate reimbursement of the material costs incurred.

The Buyer has the right to request an explanation or correction, if he believes that the Seller is processing their personal data in violation with the law. Otherwise, the Buyer has the right to contact the Office for the Protection of Personal Data of the Slovak republic.

A Buyer who does not consent to the processing of their personal data for the purpose set out in Article IX. par. 1. of these GTC, in addition to the purpose of processing personal data for the purpose of fulfilling the contractual obligations, he may request the Seller in writing to remove them from the database.

By expressing consent to these GTC, the Buyer simultaneously agrees to the sending of the Seller’s commercial notifications by electronic means. The Buyer has the option of simply refusing the consent when sending each individual message.

Personal Data Protection

We do everything to make you feel safe with us. In this document, you will find all the necessary information about how we protect your privacy and about your rights in connection with processing your personal data.

  1. What data do we collect?

When providing our services, we collect the following information about you:

  1. a) Purchase details

We only request a mandatory data necessary for processing and sending your order, so this includes your name and surname, e-mail address, delivery address, telephone number or information about your company such as the company name, Business ID, Tax ID, VAT number, and the subject of the order.

  1. b) Data when creating “My account – registration”

If you decide to create a user account with us, we also collect all related data such as your name and surname, e-mail address, delivery address, telephone number or the information about your company such as company name, Business ID, Tax ID and VAT number.

  1. News, events, and competitions

If you give us your consent, we will store your e-mail address for sending the information about special offers, price promotions, and upcoming customer competitions. If you contact us or participate in a customer competition, we will retain your contact details, message, or the information that you sent us.

  1. How do we use the data?

We use the data that we obtained from you for the following purposes:

  1. a) Provision of our services

Based on the information we collect from you, we then can fully deliver our services in accordance with our Terms and Conditions. The information we obtain from you when you create your order we then use for processing it. We also need this data for our accounting and invoicing system.

  1. b) Our communication with you

We use your contact details for sending notifications related to your order processing and for service provisions, or when you contact us regarding your order, or reporting changes to your personal information, e.g. a new delivery address, changes to your details in your order or user account. We also process your contact details as well as details of your purchases in the event that you want to make complaint on delivered goods.

If you have granted us your consent, we also send e-mails regarding the news, current promotions, or discounts that might interest you. You can easily manage the e-mail subscription in your account by logging in to the e-shop or cancel it by clicking the option “Unsubscribe” in the received e-mail.

  1. c) Improving and personalizing our services and marketing

We also use the stored data to improve and personalize our services, as well as for the marketing purposes. For example, we use the information from your shopping history and the products you have purchased to recommend you other products that might interest you.

We also use the data collected from website visits and searches in the individual sections or products for the purposes of advertising and marketing on other websites. We also use the collected information for analytical purposes. This gives us a better understanding about how people use our website, so we can make it more intuitive and user-friendly.

  1. Legal basis

In accordance with the requirements of personal data protection legislation, we are obliged to inform you about the legal bases for the processing of your personal data, which are:

  1. a) Fulfilment of the contract

In the case of ordering goods and setting up a user account but also in the case of your participation in a customer competition.

  1. b) Consent

Especially in connections with commercial communication like sending the news about our current offers, or other forms of marketing. Consent given is voluntary and you are able to revoke it any time, which does not affect the lawfulness of the processing prior to its revocation. You can unsubscribe from receiving the information about our offers directly from through this offer by selecting option “Unsubscribe.”

  1. c) Fulfilment of our legal obligations

In retaining your data and data about your order in our accounting or when we need to make data available to state and other authorities, which supervise our activities, solve disputes or pursue the decisions but always under the conditions set out by law.

  1. d) Our legitimate interest

In improving and personalizing our services and some marketing activities as mentioned above. In these cases, we always carefully consider whether the processing will not constitute a disproportionate interference with your rights.

  1. Who has the access to the data

We do not disclose, make available, or provide your personal details to any other entity, except as described below:

  1. a) If you request us to.

We may disclose your information to the third party service providers, for example in the case of the delivery service that you have chosen when ordering your goods.

We currently cooperate with the following companies: Direct Parcel Distribution SK s.r.o., Technická 7, 82104 Bratislava, Slovakia

  1. b) In cases of external processing

Your personal data might be available to some of our processors (subcontractors), who process it for us, based on our instructions and in accordance with this document. In doing so, they abide all the necessary security, technical and organizational measures to provide the required protection for your personal data.

These partners currently include:

Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland

*statistics, marketing, online advertising

Facebook, Facebook Ireland Ltd., 4 Grand Canal Sq., Grand Canal Harbour, Dublin 2, Ireland

*statistics, marketing, online advertising, Facebook pixel

  1. Analytical and advertising services

We also work with the processors (subcontractors) who perform operational services like analytical evidence and advertising services. These enable us to gain a better understanding of how users use our website, place our advertisements on the Internet, and measure their performance. These companies may use cookies and similar technologies to collect data about your interaction with our services, but also other sites. You can find more information about these services and options for protecting your privacy in the section “Cookies.”

  1. How long do we store the data

We retain the personal information associated with your user account as long as you have this account because the information related to it is necessary for us to run your account. If you do not have a user account, we store your personal data during the time necessary to fulfil the defined purpose of the personal data processing, i.e. the period from the registration to the delivery of goods.

If we use your personal data to deliver commercial communications to your e-mail address, mobile number, or other, where you have granted us consent, we retain this data until you revoke the relevant consent. In cases where we use your data based on our legitimate interest, we will store your data until the reason for their processing ceases to exist. However, we would like to warn you that, even if one of the reasons for processing is waived, it might not mean that storing of your personal details is terminated. Sometimes we can and occasionally we have to process this personal information even for another purpose with a different legal basis.

  1. Right of erasure (right to be forgotten)

You have the right to request deletion of your personal data, which we process, if there are no legal exceptions applied and the following conditions are met:

  1. a) the data for obtained purposes is no longer needed;
  2. b) you withdraw your consent to the processing of your personal data and there is no other legal basis for their processing;
  3. c) you object to the processing of your personal data, based on a legitimate interest, based on your specific situation and there are no legitimate reasons for the processing, or you object to the processing for direct marketing purposes;
  4. d) personal data was processed illegally

In the event that you request the cancellation of your user account, we shall proceed with the deletion of your data within 10 days. However, due to technical reasons (e.g. data backup), some data may be deleted after a longer period.

Article X.

Withdrawal from the purchase agreement

Right of withdrawal

The Buyer has the right to withdraw from this purchase agreement without stating a reason within 14 days in accordance with the provisions of Art § 7 et. seq. Act no. 102/2014 Coll. on Consumer Protection in Distance Selling.

The withdrawal period expires after 14 days from the date when the Buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the goods. When exercising the right to withdraw from the contract, the Buyer is obliged to inform us about his decision by making a clear statement, for example by letter sent by post, fax or e-mail. The address: K rieke 4, 949 05, Dolné Krškany, Nitra. E-mail address: info@biati.sk.sk

If the Buyer withdraws within this period because the goods have defects, it is appropriate to state this fact in the withdrawal.

For this purpose, the Buyer may use the following Sample Withdrawal Form.

The withdrawal period from the purchase agreement is deemed to be maintained, if you send the notice of withdrawal before the withdrawal period expires. If the subject of the purchase is the delivery of goods, the Buyer may withdraw from the purchase agreement even before the beginning of the period for withdrawal from the purchase agreement.

 

(a) The goods must not be damaged, used in any other way than necessary to determine the nature, properties, and functionality of the goods. The goods must be in the original packaging together with all the documents related to the goods (instructions manual, warranty certificate, proof of the acquisition etc.), which he received at the time of purchasing the goods.

(b) The goods are not to be returned by cash on delivery method. The goods sent this way will not be accepted and will be returned back.

Consequences of withdrawal

The Seller shall take back the goods and within 14 days from the date of receipt of the notice of withdrawal from the purchase agreement will refund the full price, which the Buyer paid for the goods or for the services the same way as was used at the time of the purchase of goods  or in other pre-agreed method.

The Seller is not obliged to fulfil their obligation under the paragraph 3. of Article X. of these GTC before the goods are delivered or until the Buyer proves the goods were returned to the Seller. At the same time, the Seller is not obliged to reimburse the Buyer for any additional costs, if the Buyer has expressly chosen a delivery method other than the cheapest standard delivery method offered by the Seller.

The buyer cannot withdraw from the distance purchase contract in the following cases:

 

  1. a) in the case of purchase agreement, where the object is provision of a service, provided the provision of service has began with the Buyer’s express consent and the Buyer has declared that he has been duly informed, that by expressing such consent, he would lose his right to withdraw from the purchase agreement after full provision of the service;
  2. b) in the case of purchase agreement, where the object of purchase agreement is the sale of goods or provisions of services, where the price depends on price fluctuations on the financial market, which the Seller cannot influence and which may occur during the period for withdrawal from the purchase agreement;
  3. c) in the case of purchase agreement, where the object of purchase is the sale of goods manufactured according to the Buyer’s specific requirements, bespoke goods or goods intended for a particular Buyer. The Buyer will get a notification and instruction in case the order has a special character or it is custom made.
  4. d) in the case of purchase agreement, where the object is the sale of goods, which are subject to rapid deterioration or are highly perishable;
  5. e) in the case of purchase agreement, where the object is the sale of goods in protective packaging, which cannot be returned due to health protection or hygienic reasons, and whose protective packaging was damaged after delivery;
  6. f) in the case of purchase agreement, where the object is sale of goods, which due to their nature, may, after delivery, be inseparably mixed with other goods;
  7. g) in the case of a purchase agreement, where the subject is the performance of urgent repairs or maintenance, which the Buyer has expressly requested from the Seller;
  8. h) in the case of purchase agreement, where the subject is the sale of sound recordings, video recordings, audio-visual recordings, books, or computer software sold in protective packaging, if the Buyer has unpacked the packaging.

If, on the basis of purchase agreement concluded in accordance with these GTC, the provision of the service is to begin before the expiry of the period for withdrawal from the purchase agreement, or if the Buyer so requests, by granting consent to the commencement of the provision of the service before the expiry period for withdrawal from the purchase agreement, the Buyer loses the right to withdraw from the purchase agreement. By concluding the purchase agreement in accordance with these GTC, the Buyer declares that he has been informed of the above-mentioned circumstances, under which he loses the right to withdraw from the purchase agreement.

Article XI.

Delivery and correspondence

Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other party in writing, by e-mail, in person or by registered mail through a postal service provider (according to sender’s preferences). The special method and form of delivery defined in the provisions of these GTC take precedence over this general regulation mentioned above.

Seller’s contact details:

  1. a) delivery address: ENERGA INVEST s.r.o., so sídlom K rieke 4 949 05 NITRA;
  2. b) e-mail address: info@biati.sk

Article XII.

The information provided before the conclusion of the purchase agreement

The company ENERGA INVEST s.r.o., Business ID: 45 403 953, Tax ID: 2022961963 (hereinafter referred as the “Seller”), as the operator of the internet shop www.biati.sk (hereinafter referred as the “e-shop”) hereby provides their customers who are consumers in accordance with Act. no. 250/2007 Coll. on Consumer Protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the “Buyer”), prior to the conclusion of a Distance Selling contract pursuant to Act. no. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provisions of Services under a contract made at the distance or off the Seller’s the premises and amending certain laws (hereinafter as the “Act. no. 102/2014 Coll.”) the following information under § 3 par. 1 of the Act in question.

  1. The main characteristics of the goods are listed on the e-shop website in the description and specification of the goods in a single item preview. The specification of the goods is also found in the order prepared in accordance with the Seller’s GTC (hereinafter referred to as “GTC”).
  2. The Seller is the company: ENERGA INVEST s.r.o., registered office: K rieke 4, 949 05, Nitra, Slovakia, Business ID: 45403953, Tax ID: 2022961963

The internet shop www.biati.sk is registered at the Office for Personal Data Protection of the Slovak Republic, under registration no.: 201420389.

  1. The Seller’s contact details: tel./fax: +421 376 566 693, e-mail: info@biati.sk, web.: www.biati.sk
  2. Claims, complaints, or other suggestions may be filed at the registered company’s address referred to in the Article XI, par. 3. Claims can be filed at the same time in the Seller’s store at the address: K rieke 4, 949 05, Dolné Krškany, Nitra.
  3. The price of goods, including VAT is listed individually for each product together with the description and specification of the product and after inserting the specific item into the basket, the final purchase price for the goods, including VAT will be stated in the order. Depending on the options selected by the Buyer, the total purchase price may also include fees covering the delivery, postage, card payment, and fees for other services. The Buyer is informed about the amount of fees depending on his choice in the individual steps of the order as well as on the e-shop website in the section “Transport and Payment.”
  4. The means of long distance communication intended for concluding a contract are not numbers with increased tariff.
  5. The payment terms are listed above in the Article V. of these GTC. The delivery conditions are stated above in the Article VI. of these GTC. The Seller undertakes to deliver the goods to the Buyer no later than 5 days from the conclusion of the purchase agreement. Information on a complaint procedure and handling is provided in Article VIII. of these GTC. Information on the procedures for the application and handling of complaints and complaints relating to protection of personal data is provided in Article IX. of these GTC.
  6. All the information about the Buyer’s right to withdraw from the purchase agreement is stated in the Article X. of these GTC.

In addition to the information specified in the Article X. of these GTC, the Seller also provides the Buyer with the following instructions on the exercise of the Buyer’s right to withdraw from the purchase agreement pursuant to Annex no. 2 of Act 102/2014 Coll. Instruction on the Exercise of the Consumer’s Right of Withdrawal.

The Seller hereby provides the Buyer with the form for withdrawal from the purchase agreement, which can be used when withdrawing from the purchase agreement.

  1. The Seller hereby informs the Buyer that if he withdraws from the purchase agreement concluded in accordance with these GTC he will bear the cost of returning the goods to the Seller in accordance with the provisions of § 10 par. 3, first sentence of Act no. 102/2014 Coll. According to these provisions when withdrawing from the purchase agreement, the consumer bears the cost of returning the goods to the Seller, or a person authorized by the Seller to take over the goods and the costs of returning the goods, which due to its nature cannot be returned by post.
  2. The Buyer is not entitled to withdraw from the purchase agreement in the following cases, which are also specified in Article X. par. 4. of these GTC:
  3. a) in the case of purchase agreement, where the object is provision of a service, provided the provision of service has began with the Buyer’s express consent and the Buyer has declared that he has been duly informed, that by expressing such consent, he would lose his right to withdraw from the purchase agreement after full provision of the service;
  4. b) in the case of purchase agreement, where the object of purchase agreement is the sale of goods or provisions of services, where the price depends on price fluctuations on the financial market, which the Seller cannot influence and which may occur during the period for withdrawal from the purchase agreement;
  5. c) in the case of purchase agreement, where the object of purchase is the sale of goods manufactured according to the Buyer’s specific requirements, bespoke goods or goods intended for a particular Buyer. The Buyer will get a notification and instruction in case the order has a special character or it is custom made.
  6. d) in the case of purchase agreement, where the object is the sale of goods, which are subject to rapid deterioration or are highly perishable;
  7. e) in the case of purchase agreement, where the object is the sale of goods in protective packaging, which cannot be returned due to health protection or hygienic reasons, and whose protective packaging was damaged after delivery;
  8. f) in the case of purchase agreement, where the object is sale of goods, which due to their nature, may, after delivery, be inseparably mixed with other goods;
  9. g) in the case of a purchase agreement, where the subject is the performance of urgent repairs or maintenance, which the Buyer has expressly requested from the Seller;
  10. h) in the case of purchase agreement, where the subject is the sale of sound recordings, video recordings, audio-visual recordings, books, or computer software sold in protective packaging, if the Buyer has unpacked the packaging.

If, on the basis of purchase agreement concluded in accordance with these GTC, the provision of the service is to begin before the expiry of the period for withdrawal from the purchase agreement, or if the Buyer so requests, by granting consent to the commencement of the provision of the service before the expiry period for withdrawal from the purchase agreement, the Buyer loses the right to withdraw from the contract. By concluding the purchase agreement in accordance with these GTC, the Buyer declares that he has been informed of the above-mentioned circumstances, under which he loses the right to withdraw from the purchase agreement.

  1. The information on the Seller’s liability for defects on the goods is stated in the Article VIII. of these GTC
  2. The Seller is not bound by any code of conduct.
  3. Based on the order placed by the Buyer and accepted by the Seller in accordance with these GTC a onetime purchase agreement between the Seller and the Buyer is deemed to have been concluded.
  4. By concluding the purchase agreement, the Buyer is obliged to take over the ordered goods in accordance with the agreed delivery conditions as well as to pay the agreed purchase price for the ordered goods and other related services within the due date according to these GTC.
  5. The Buyer will be obliged to pay the Seller a reasonable advance payment of the purchase price only in case of a special agreement and under conditions that the Seller and the Buyer separately agreed.

Article XIII. Final provisions

The Seller reserves the right to make any corrections to the prices. In the event of price change, the Buyer will be notified. The Buyer has the right to cancel the order at such adjusted prices and to withdraw from the purchase agreement.

The Buyer declares that he has read these GTC as well as the complaint procedure and that he agrees with them before completing and sending the order.

(a)  Notwithstanding the other provisions of these GTC and the terms of the purchase agreement, the Seller does not correspond to the Buyer for lost profits, loss of opportunity or any other indirect or consequential losses due to negligence, breach of the purchase agreement or damage and loss otherwise incurred.

(b)  These GTC have been formulated and established in a good faith, in order to meet the legal conditions and adjustments of the correct binding relations between the Seller and the Buyer. If the competent control authorities, decide that some of the provisions of these GTCs are invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant clauses of these GTC remain unaffected.

(c)  Consumer’s rights in relation to the Seller arising from the Act no. 250/2007 Coll. on Consumer Protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended and Act no. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on Distance Selling or Selling Outside the Seller’s Premises and on the amendment of certain laws remain unaffected by these GTC.

(d) The legal relations and conditions here expressly unadjusted, as well as any disputes arising from non-compliance with these GTCs are governed by the relevant provisions of the Civil Code.

The Seller and the Buyer have agreed that they fully accept remote communication – telephone, fax (including handwritten order), electronic form of communication, especially via e-mail and the Internet as valid and binding for both parties.

Registration conditions

The registration rules for www.biati.sk webpage users.

The company ENERGA INVEST s.r.o. is the network operator of www.biati.sk webpage.

The participant is obliged to input all the data truthfully and completely during the registration.

The company ENERGA INVEST s.r.o. reserves the right not to register a user who does not meet these registration conditions. Once the user registers, their account is created and the login details and are sent to the e-mail address specified by the user. By providing their data to ENERGA INVEST s.r.o. during the registration, the user agrees with their data processing pursuant to § 4 letter e) of Act no. 101/2000 Coll.

Alternative Dispute Resolution

The consumer (the Buyer) has the right to contact the Seller for redress (by e-mail at info@biati.sk), if he is not satisfied with the manner in which the Seller handled their complaint or if he assumes that the Seller has violated his rights. If the Seller rejects the consumer’s request, or fails to respond within 30 days after he sent the complaint, the consumer has the right to file a motion to initiate alternative dispute resolution of a dispute pursuant to Act 391/2015 Coll. on the Alternative resolution of Consumer Disputes (hereinafter referred to as “ADR entity”). ADR subjects are bodies and authorized legal entities according to §3 of Act 391/2015 Coll. The consumer may submit the proposal in the manner specified pursuant to §12 of Act 391/2015 Coll. The competent authority for alternative dispute resolution of consumer disputes is the Slovak Trade Inspection, www.soi.sk, or another competent entity registered in the list of subjects for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The consumer has the right to choose, which of these ADR entities to turn to.

The consumer can also file a complaint through the ODR (Online Dispute Resolution), which is an alternative dispute resolution platform and is available online at http://ec.europa.eu/consumers/odr/index_en.htm

Alternative dispute resolution is only intended for the consumer, which means a natural person, who does not act within the subject of their business activity, employment, or profession when concluding and fulfilling a consumer contract. Alternative dispute resolution only concerns a dispute between a consumer and the Seller arising out of or in connection with a consumer contract. Alternative dispute resolution only applies to distance contracts. The alternative dispute resolution does not concern disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating an alternative dispute resolution up to a maximum of EUR 5 including VAT.

We would like to let you know that we will always try to solve any problem sincerely and only to your maximum satisfaction. In case of any problems with the actions of our employees, please feel free to contact the company’s manager on telephone no. 0903 720 064.

The information provided before the conclusion of the purchase agreement.

Business conditions

Order and the Conclusion of the purchase agreement

All orders are placed through the online store www.biati.sk and are binding for both parties. Part of the order is the obligation to pay the price for the ordered goods.

The Seller: ENERGA INVEST s.r.o., K rieke 4, 949 05, Dolné Krškany, Nitra.

Business ID: 45403953

Tax ID: 2022961963

By submitting the order, the customer confirms that he has read and fully understood the business and complaint conditions.

In order for the electronic order to be valid, it is necessary to fill out all the system’s required entries completely and truthfully.

The purchase agreement between the Seller and the Buyer commences once the Buyer submits the order and the Seller receives it.

Terms of delivery

The Seller undertakes:

  • to deliver the type and quantity according to Buyer’s ordered goods at the purchase price in accordance with the order (see the section “Delivery period”);
  • to deliver Buyer’s goods in such a manner that they are not damaged during the transport;

The Seller shall not be liable for:

  • the goods delivery, which has been delayed through the fault of the delivery company;
  • if the delivery of goods, which is delayed by incorrect or incomplete address to the consignee;
  • the package is damaged during the transport;
  • vis major;

The Buyer undertakes:

  • to take over the ordered goods and check the integrity of the packaging;
  • to pay for the goods in accordance with the payment terms and conditions valid on the day of submitting the order.

The Seller is entitled to request from the Buyer the confirmation of the order in another way, such as by telephone or in writing. The Buyer acknowledges that the Seller may refuse to send the goods if the Buyer refuses to confirm the order.

Delivery times

We process the orders after the agreement with the customer, whom we contact immediately after receiving the order. The supplier, in this case a shipping company executes the delivery. Goods that are not in stock will be delivered to the customer within the term according to mutual agreement, which will be agreed by the e-mail or by phone.

The prices of the goods

The prices are inclusive of 20% VAT and are valid at the time of sending a duly completed order. The prices are valid for the entire territory of the Slovak Republic.

The goods always come with the invoice, which is also considered a delivery note and guarantee certificate.

Payments and Postage

We send the goods:

  • based on the order, the Buyer pays the courier service employee for the goods, the price that was sent to him in the confirmation email after receiving his order
  • once the payment is received according to the order (in advance to the account, in case of personal collection in cash, or by paying by card when placing an order).

Postage and Packing

  • cash on delivery: the shipment prices are determined individually after the agreement with the customer;
  • personal collection (range of goods, which are listed as “in stock”) at customer’s disposal at the address: ENERGA INVEST s.r.o., K rieke 4, 949 05, Dolné Krškany, Nitra: free of charge

Order cancellation

In case that the Buyer wishes to cancel the order, he must choose a form that is obvious and understandable to the Seller.

Goods reclaim

The return of goods is governed by Act 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provisions of Services based on Distance Selling or Selling Outside Seller’s Premises and on Amendment of Certain Acts. In the case of special orders and custom production, the return is impossible without giving a reason. The Buyer will be notified and informed when the order has a special character or is custom made. The goods are returned to the sender’s address in the original packaging, complete and undamaged.

Withdrawal from the purchase agreement

Instructions on the application of the consumer’s right of withdrawal

Exercising the right to withdraw from the purchase agreement under the Act no. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provisions of Services based on Distance Selling or Selling Outside Seller’s Premises and on Amendment of Certain Acts.

Right of withdrawal

You have the right to withdraw from this purchase agreement without giving a reason within 14 days.

The period for withdrawal from the purchase agreement expires after 14 days from the day when you or a third party designated by you, with the exception of the carrier, takes over the last part or a piece.

When exercising the right to withdraw from the purchase agreement, the Buyer must inform us of their decision to withdraw from their purchase agreement by a clear statement (for example by letter sent by post, fax, or e-mail) at the following contacts: ENERGA INVEST s.r.o., K rieke 4, 949 05, Dolné Krškany, Nitra, tel./fax: +421 37 6566 693, info@biati.sk. You may also exercise your right to withdraw from the purchase agreement using the Sample Withdrawal Form found HERE. Please state the delivery note number as the invoice number.

The withdrawal period from the purchase agreement is deemed to be maintained, if you send the notice of withdrawal before the withdrawal period expires.

Consequences of withdrawal

After withdrawing from the purchase agreement, we will refund all payments that you made in connection with the conclusion of the purchase agreement, in particular the purchase price, including the costs of delivering the goods to you. This does not apply to additional costs if you have chosen a different delivery method than the cheapest standard delivery method offered by us. The payments will be refunded to you without undue delay, no later than 14 days from the date, when we receive your notice of withdrawal from this purchase agreement.

The payment for the purchased goods will be reimbursed to you only after the delivery of the returned goods back to our address or upon submitting the document proving the return of the goods, whichever comes first.

Method of returning the goods upon withdrawal from the purchase agreement.

Please send the goods back to us or bring them in person to our address: ENERGA INVEST s.r.o., K rieke 4, 949 05, Dolné Krškany, Nitra, no later than 14 days from the date of exercise of the right to withdrawal. The period is deemed to have been maintained if you send the goods back before the expiry of the 14-day period.

The direct costs of returning the goods are borne by you.

You are solely responsible for any reduction in the value of the goods as a result of handling them in a way that is other than necessary to determine the nature, characteristics, and functionality of the goods.

Complaint procedure

Any complaints about defective goods are governed by the relevant provisions of the Civil Code on the Seller’s Liability for Defects in the Sold Item (§ 619-627). The warranty period is 24 months.

Return policy

Before accepting the goods from an employee of a delivery company, we advise the Buyer to checks the physical integrity and completeness of the consignment. In case the packaging is damaged, the Buyer should not accept the goods.

In the event of a complaint, the Buyer will send the claimed goods to the company’s registered office using the standard delivery method. The cash on delivery method will not be accepted. The package with the claimed goods must be properly packed and must include: the claimed goods, the invoice, completed claim form, where the Buyer describes the defect and the Buyer’s contact details.

The Buyer shall pay for the cost of delivering the claimed goods to the Seller. In the event, that the complaint is justified, the Seller will reimburse these expenses to the Buyer.

If the complaint is justified, the solution of the complaint is mutually agreed between the Seller and the Buyer, while the Buyer accepts the following sequence:

  1. 1. Removal of the defect
  2. If the defect cannot be removed, the defective item will be exchanged either for a new one or after mutual agreement for a similar one.
  3. 3. If it is not possible to implement points 1. and 2., then the Seller will refund the money to the Buyer.

The goods complaint is handled by the Seller within a maximum of 30 days from the date of filing the complaint by the Buyer.

By settling a justified complaint, the warranty period is extended by the duration of the complaint. If the claim was settled by product replacement within the statutory warranty period, then the warranty period will start running again from the date of settling the claim.

Personal data protection

Pursuant to Act no. 428/2002 Coll. on Protection of Personal Data. The operator of the online store www.biati.sk shall not provide Buyer’s personal data, which he obtained through the order form, to a third party without the consent of the owner of the data and will not use the entrusted personal data for unrelated promotion of this online store. At the same time, the Seller undertakes to delete the Buyer’s personal data from their database any time the Buyer requests them so.

The e-shop www.biati.sk is registered at the Office for Personal Data Protection of the Slovak republic under reg. no.: 201420389.

Return policy

Before taking over the delivery from an employee of the delivery company, the Buyer is obliged to check the physical integrity and completeness of the consignment. In the event, that the package is damaged do not accept the goods.

In the event of a complaint, the Buyer will send the claimed goods to the address of the company’s registered office using the standard delivery method (we do not accept cash on delivery). The package and the claimed goods must be properly packed and must contain: the claimed goods, the warranty certificate, completed claim form including description of the defects and contact details of the Buyer.

The Buyer shall pay for the cost of delivering the claimed goods to the Seller. In case of acknowledgment of the complaint, the Seller will reimburse these funds to the Buyer.

If the complaint is justified, the Seller and the Buyer agree on the solution of the complaint, while the Buyer accepts the following sequence of handling the complaint:

  1. Removal of the defect
  2. If the defect cannot be removed because the manufacturing defect is proven, the goods will be exchanged for the new ones or after mutual agreement exchanged for similar ones.
  3. If, it is not possible to implement points 1. and 2., then the Seller will refund the money to the Buyer.

The goods complaint is handled by the Seller within a maximum of 30 days from the date of filing the complaint by the Buyer.

By settling a justified complaint, the warranty period is extended by the duration of the complaint. If the claim was settled by product replacement within the statutory warranty period, then the warranty period will start running again from the date of settling the claim.

Cookies

What are cookies?

Cookies are small text files that can be sent to your browser when you visit a website and stored on your computer, phone, or tablet with internet access. Session cookies are temporarily stored in the computer memory while the visitor is browsing the website. These cookies are erased when the user closes the web browser or after a certain time. Persistent cookies remain on the visitor’s computer (or other device) until they expire or are deleted. You can set the cookies used on the website in your web browser.

Why do we use cookies?

Cookies help us improve the structure and content of the portal, understand how users use our website and thanks to this we can improve their concept, appearance and functionality as well as simplify the user interface on the next visit. Temporary cookies, which are automatically deleted after closing the browser and time-limited cookies with the duration of their validity can be used on the portals.

What types of cookies do we use?

  1. Required cookies – these cookies are essential in order to enable the use of basic functions on our website such as secured parts in the form of login, remembering the login and access to services without the need to login again, etc. Disabling these cookies would restrict some functions of this website partially or entirely or make them completely non-functional.
  2. Functional cookies – cookies that ensure the proper functioning of the website and its entire environment and offer better services provided. Cookies make it possible to retain your previous activities, prefilled parts of the forms and the content you visited on the portals. The use of functional cookies allows us to offer optimized content and save users their time when re-entering the site, searching or filling out forms, etc.
  3. Third-party cookies – may be used on the websites, which are not subject of our control. Examples include Google and Facebook statistics and marketing tools. For more detailed information regarding third-party cookies, please read relevant third-party cookies use policy. Read how Google/Facebook used cookies here.

Change your cookie settings

You can set the cookies on your web browser. Most internet browsers are initially set to accept cookies automatically but you can change these settings on your web browser for alerts whenever cookies are saved to your device. By changing the settings, you can also specify that your browser will not accept any cookies from our e-shop. Please note that blocking some cookies may affect their functionality and it will affect your browsing experience on many websites.

These GTC come into force and effect on 14.5.2021.