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GENERAL TERMS AND CONDITIONS LUCULLUS medical s.r.o.

INTRODUCTORY PROVISIONS

(hereinafter referred to as the “General Terms and Conditions”) For the purposes of these General Terms and Conditions, the Seller is LUCULLUS medical s.r.o., with its registered office at Pribinova 4, 811 09 Bratislava, ID No.: 56 268 301, registered in the Commercial Register of the District Court Bratislava I (hereinafter referred to as the “Operator”) and the branch for returns and complaints of LUCULLUS medical s.r.o., SNP 264/3, 059 21 Svit.

CONTACTS

E-mail: info@drlucullus.sk

Customer Service: +421 918 308 903 (Mon–Fri: 9:00 AM–3:00 PM)

ORDERS

  1. You can select products by browsing the catalog on our website, drlucullus.sk, or by contacting our customer service representative at +421 918 308 903 (Mon–Fri: 9:00 AM–3:00 PM).
  2. When ordering online, please provide the following information: If you are purchasing as a consumer—that is, as a natural person who is not acting within the scope of their business, employment, or profession when entering into a distance contract—please provide your first and last name and address. Please also provide your phone number and email address. If you are purchasing in connection with your business activities, please also provide your business name, ID number, tax ID number, and place of business or registered office.
  3. Once you submit your order, it will be processed and you will immediately receive an order confirmation via email. By submitting the order to the seller, the buyer confirms that the seller has fulfilled its disclosure obligations in a timely and proper manner in accordance with Section 3(1) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on a distance contract or a contract concluded outside the seller’s business premises and on amendments to certain laws (hereinafter referred to as the “Act on Consumer Protection in the Sale of Goods”).
  4. We will confirm the order details and the estimated delivery date via email. Any further information regarding your order will be sent to the email address you provided, as needed.

DELIVERY OF GOODS

  • The seller is obligated to fulfill the order and deliver the goods to the buyer within 30 days at the latest. We typically ship in-stock items within 2 business days. However, we list an estimated delivery date for each product, which we strive to meet. We deliver goods on business days from 9:00 AM to 6:00 PM; we will notify you via email of the exact date of shipment and delivery.
  • If the goods are delivered by a contracted carrier, the buyer grants the seller the right to provide the carrier with the minimum necessary personal data required for the smooth delivery of the goods (name, address, phone number).
  • Upon receipt of the goods, we will provide you with a delivery receipt. This delivery receipt also serves as a written order for the goods. The buyer will receive a tax invoice detailing the purchase price and VAT via email no later than 14 days after delivery of the goods. The goods are considered accepted by the buyer at the moment when the buyer or a third party designated by the buyer accepts all parts of the ordered goods or when:

a) Goods ordered by the buyer in a single order are delivered separately; the delivery is considered complete upon receipt of the last item delivered,

b) if the supplier delivers goods consisting of multiple parts or items, at the time the last part or the last item is accepted,

c) the seller delivers goods on a recurring basis during a specified period, effective upon receipt of the first delivery.

WITHDRAWAL FROM THE CONTRACT (RETURN OF GOODS)

  • The Seller is entitled to withdraw from the contract due to stock depletion, unavailability of the goods, or if the manufacturer, importer, or supplier of the goods specified in the contract has discontinued production or made such significant changes that the Seller is unable to fulfill its obligations under the contract, or for reasons of force majeure, or if, even after exerting all reasonable efforts that may be fairly required of them, they are unable to deliver the goods to the buyer within the timeframe specified in these General Terms and Conditions or at the price listed in the online store. The Seller is obligated to immediately inform the Buyer of this fact and to refund the advance payment already made for the goods agreed upon in the contract within 14 days of notification of withdrawal from the contract, via transfer to the account designated by the Buyer. The Seller reserves the right to cancel the order or part thereof in the following additional cases:

a) In the case of a cash-on-delivery order, it was not possible to confirm the order (incorrect phone number, unreachable, no response to emails, etc.)

b) if the buyer—a business entity—has previously failed to take delivery of the goods or has otherwise violated the terms and conditions

  • The buyer is entitled to withdraw from the contract within 14 days of receiving the goods, even without giving a reason. During this period, the buyer has the right to unpack and test the goods in a manner similar to what is customary when shopping in a traditional brick-and-mortar store. However, testing does not mean starting to use the goods and then returning them to the seller. The buyer may exercise the right to withdraw from the contract by notifying the seller in writing in a manner that leaves no doubt that the contract has been withdrawn from.
  • If the buyer withdraws from the contract, any supplementary agreement related to the contract from which the buyer has withdrawn is also canceled from the outset. Withdrawal from the contract must be notified to the seller in advance using the form that must be filled out online on the seller’s website, or by phone at +421 915 328 783. Upon withdrawing from the contract, the buyer is obligated to return the goods to the seller in their entirety, including all documentation, undamaged, in the original undamaged packaging, and unused, within 14 days of the date the seller receives confirmation of the contract withdrawal form, to the address provided by the seller.
  • It is recommended that you insure the goods. The seller does not accept cash-on-delivery shipments. Upon valid withdrawal from the contract, the seller shall refund to the buyer all payments that the buyer has demonstrably made in connection with the conclusion of the purchase contract, in particular the purchase price, including the costs of delivery. However, the seller is not obligated to reimburse the buyer for additional costs if the buyer chose a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs are understood to be the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller. Payments will be refunded to the buyer within 14 calendar days from the date the seller receives the buyer’s notice of withdrawal from the purchase agreement. The refund will be made using the same method the buyer used to pay the seller, unless the buyer specified a different payment method in their written notice of withdrawal from the contract, and no additional fees will be charged.
  • If you are purchasing the goods in connection with your business activities (as determined by the inclusion of your business ID number on the purchase receipt), you do not have the right to withdraw from the contract, as the Commercial Code does not allow for this option. If the buyer withdraws from the contract and returns goods to the seller that are used, damaged, or incomplete, or if the value of the goods in question has been reduced as a result of handling the goods beyond what is necessary to ascertain their characteristics and functionality, the seller is entitled to claim damages from the buyer in the amount of the cost of repairing the goods and restoring them to their original condition; alternatively, the seller has the right to demand that the buyer compensate for the reduction in the value of the goods, and the buyer is hereby notified of this fact.

REFUND

  • If the buyer withdraws from the contract and returns goods to the seller that are used, damaged, or incomplete, the buyer agrees to reimburse the seller for the actual amount by which the value of the goods has decreased, the costs incurred by the seller in connection with the repair of the goods and their restoration to their original condition, calculated according to the price list for post-warranty service of the goods. Pursuant to this section of the General Terms and Conditions, the buyer is obligated to reimburse the seller for damages up to the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
  • The Seller agrees to refund to the Buyer the price paid for the relevant goods within 14 calendar days from the date the Seller receives notice of withdrawal from the contract. The Seller is not obligated to refund the price paid by the Buyer for the relevant goods until the goods have been returned to the Seller by the Buyer, together with all accessories, including documentation, etc., or until the Buyer provides proof of having sent the goods, together with all accessories, including documentation, etc., back to the Seller.
  • If the buyer withdraws from the contract, the buyer shall bear the direct costs of returning the goods to the seller or to a person authorized by the seller to receive the goods. Upon withdrawal from the contract, the buyer shall bear the direct costs of returning goods that, due to their nature, cannot be returned by mail. The direct costs associated with returning the goods cannot be reasonably calculated in advance. Based on available information, the estimated cost of these expenses, depending on the size and weight of the goods, the distance from which the return is made, and the rates charged by the carrier selected by the buyer, ranges from 50 SKK to 4,000 SKK.
  • If the buyer fails to fulfill any of the above-mentioned obligations under these General Terms and Conditions, the withdrawal from the contract is not valid and effective, and the seller is not obligated to refund any demonstrable payments made under these General Terms and Conditions to the buyer and is also entitled to reimbursement of the costs associated with returning the goods to the buyer.
  • The buyer may not withdraw from a contract whose subject matter is:

a) the sale of goods manufactured according to the buyer’s specific requirements, custom-made goods, or goods intended specifically for a single buyer,

b) the sale of goods that are subject to rapid deterioration or spoilage,

c) the sale of goods which, by their nature, may be inseparably mixed with other goods after delivery,

d) The sale of goods sealed in protective packaging that cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery. The purchase price of the goods will always be confirmed to you in the order confirmation email. The buyer confirms that they are aware that the obligation to pay the price is part of the order.

PRICES

  1. All prices for goods and services and all fees in the online store are listed inclusive of VAT. All promotions are valid while supplies last, unless otherwise stated for a specific product.
  2. The warranty terms and conditions are governed by the complaint procedure.
  3. The Seller is not liable for delayed delivery of goods caused by the courier service or by the Buyer providing an incorrect address. The Buyer is required to thoroughly inspect the goods upon receipt from the carrier/courier and confirm receipt of the goods by signing the delivery receipt. In such cases, claims for non-delivery of goods due to the courier’s fault or damage to goods caused by the courier service must be filed directly with a courier service representative. The buyer shall not accept damaged goods from the courier and shall note the damage to the goods on the delivery receipt. Claims regarding mechanical damage to goods caused by transport, where the buyer has confirmed receipt of the goods without defects to the courier service representative, will not be recognized by the seller as valid, and no remedy will be provided to the buyer for such a claim.
  4. The buyer has the right to cancel an order without giving a reason at any time prior to shipment of the goods, either by email or by phone. In the event that goods are not delivered due to force majeure or because production has been discontinued, the seller shall immediately inform the buyer of the reason for the non-delivery. The seller is obligated to offer the option of delivering substitute goods. The buyer has the right to refuse the option of receiving substitute goods and to cancel the order for the specified goods. If the purchase price or a portion thereof has been paid, the funds will be refunded to the buyer within 14 calendar days upon cancellation of the order to the specified bank account.

LUCULLUS medical s.r.o. processes and stores personal data in accordance with EU Regulation 2016/679 on data protection (GDPR) and the Personal Data Protection Act No. 18/2018 Coll., which has been in effect since May 25, 2018. Personal Data and Its Protection

ALTERNATIVE DISPUTE RESOLUTION

  1. Dear Customer. If you believe that we have violated your rights, or if you are dissatisfied with the way we have handled your complaint, please send your request for redress to our email address: info@drlucullus.sk.
  2. If we reject this request or fail to respond to it within 30 days of its submission to the email address provided, or if you are not satisfied with our resolution, then, pursuant to the amended Act No. 102/2014 and Act No. 391/2015 on Alternative Dispute Resolution for Consumer Disputes, you have the right to alternative (out-of-court) dispute resolution.
  3. You may submit your application in the manner specified in Section 12 of Act No. 391/2015 CFU. To submit your application, you may use the form, a template of which is available on the website of the relevant ministry and each ARS entity.
  4. The address for submitting electronic filings to the Slovak Trade Inspection Authority is ars@soi.sk.
  5. The ARS entity may reject a consumer’s claim, for example: if the quantifiable value of the dispute does not exceed 530 SKK; if, in light of all the circumstances, it is clear that alternative dispute resolution would require a disproportionate effort; and so on.
  6. Consumers can file a complaint through the ARS RSO platform, which is available online at this link. Consumers residing in the EU can use this platform to file a complaint against a trader based in the EU.
  7. Each party to the dispute shall bear its own costs associated with the alternative dispute resolution, with no possibility of reimbursement.

We gauge your satisfaction with your purchase through email surveys as part of the "Verified by Customers" program, in which our e-shop participates. We will send these to you every time you make a purchase from us, unless you opt out of receiving marketing emails in accordance with Section 62 of Act No. 351/2011 Coll. on Electronic Communications, as amended. We process personal data for the purpose of sending questionnaires as part of the Verified by Customers program based on our legitimate interest, which consists of assessing your satisfaction with your purchase from us. To send questionnaires, evaluate your feedback, and analyze our market position, we use a data processor, which is the operator of the Heureka.sk portal; for these purposes, we may provide them with information about the purchased goods and your email address. Your personal data is not provided to any third party for their own purposes when sending email questionnaires. You may object to receiving email questionnaires as part of the Customer Verified program at any time by declining further questionnaires using the link in the email containing the questionnaire. If you object, we will no longer send you the questionnaire.