Terms and conditions

General terms and conditions

1. Basic provisions

IDERI Ltd.
ID: 52 937 950
VAT number: 2121217956
Registered office: Paprad 1598, 916 01 Stara Turá, Slovakia

Collection point: Záhradnícka 46, Bratislava, Slovakia

Please send complaints and goods for return/exchange to the following address:
IDERI sro, Vranovská 63, 851 01 Bratislava, Slovakia

Email: info@elektrosmog.sk
Phone: +421 948 835 335 (for customers only)
Website: www.arche.sk

(hereinafter referred to as the "Seller")

1.1. Introductory provisions
These terms and conditions govern the rights and obligations between the seller and a natural person who concludes a purchase contract outside their business activity as a consumer or within their business activity (hereinafter referred to as the "buyer") through the online store available at the web addresses www.arche.sk or www.elektrosmog.sk (hereinafter referred to as the "online store").

1.2. Part of the purchase contract
These terms and conditions are an integral part of every purchase contract. In the event of any conflict between these terms and conditions and individual agreements in the purchase contract, the provisions of the purchase contract shall prevail.

1.3. Language of the contract
The purchase contract and terms and conditions are drawn up in the Slovak language.

2. Information about goods and prices

2.1. Goods and prices
All information about the goods, including their main features and prices, is provided in the online store catalog. Prices are listed including value added tax, fees and costs associated with the return, unless the goods cannot be returned by regular mail. Prices remain valid for the period they are published in the online store, while individual price negotiations are possible.

2.2. Presentation of goods
The presentation of goods in the online store catalog is informative in nature and the seller is not obliged to conclude a purchase contract based on this presentation.

2.3. Packaging and delivery costs
The online store also lists the costs associated with packaging and delivery of goods. These data only apply to delivery within the Slovak Republic.

2.4. Discounts
Discounts on the price of goods cannot be combined with each other unless the seller and buyer agree otherwise. 

 

3. Order and conclusion of the purchase contract

3.1. The Buyer shall bear all costs incurred in connection with the use of distance communication means when concluding the purchase contract (e.g. Internet or telephone costs). These costs do not differ from the basic rates of the provider. 

3.2. Ordering goods is carried out as follows:
- through a customer account after registering in the online store,
- by filling out the order form without registration.

3.3 . When placing an order, the buyer selects the goods, quantity, payment method and delivery.

3.4. Before sending the order, the buyer can check and change the data he has provided. The order is sent by clicking on the "order with payment obligation" button. The seller considers the data entered by the buyer to be correct. The validity of the order is subject to the correct filling in of all mandatory data and confirmation of familiarization with the terms and conditions.

3.5. After receiving the order, the seller will send an automatic confirmation to the buyer's email. This confirmation does not constitute the conclusion of a contract. The purchase contract is concluded only after the seller has accepted the order, which is confirmed by email.

3.6. If the seller cannot meet some of the requirements of the order, he will send the buyer a modified offer to his email. The modified offer is considered a new proposal for concluding a purchase contract, which the buyer accepts by confirming it by email.

3.7. Orders accepted by the Seller are binding. The Buyer may cancel the order before it is confirmed by the Seller, by phone or email.

3.8. The Seller is not obliged to deliver the goods at a price that was clearly incorrect (e.g. due to a technical error on the website). The Buyer will be informed of the error and will receive a revised offer. The purchase contract is concluded after the Buyer confirms this offer.

4. Customer account

4.1. The Buyer can use a customer account after registering in the online store. Orders can also be placed without registration.

4.2. When registering and ordering, the buyer is obliged to provide correct and up-to-date data. The buyer always updates the data when it changes.

4.3. Access to the customer account is secured by a name and password. The buyer is obliged to keep this information confidential. The seller is not responsible for the misuse of the account by a third party.

4.4. The Buyer may not provide access to his account to third parties.

4.5. The Seller reserves the right to cancel the account of a buyer who does not use it for a long time or violates the terms and conditions.

4.6. The customer account may not be available continuously, for example due to system maintenance.

5. Payment terms and delivery of goods

5.1. The buyer can pay the price of the goods and delivery costs:
- By bank transfer to the seller's account: IBAN SK88 8330 0000 0025 0179 2439 (variable symbol = order number). The goods will be shipped after the payment is credited.
- Online payment via PayPal/Comgate (card or PayPal account). Payment is confirmed immediately.
- Cash on delivery upon receipt of the goods (cash on delivery fee €1).

5.2. The buyer is obliged to pay the price including packaging and shipping costs.

5.3. In the case of non-cash payment, the price is payable within 3 days of concluding the purchase contract.

5.4. Payment via PayPal/Comgate is made according to the provider's instructions.

5.5 . Payment is considered completed at the moment the amount is credited to the seller's account.

5.6. The Seller does not require a deposit. Payment before the goods are shipped is not considered a deposit.

5.7. The seller will issue a proof of purchase (invoice), which will be sent by email or attached to the shipment.

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

5.9. The buyer chooses the delivery method when placing an order.

5.10. Delivery costs depend on the chosen method and are stated in the order.

5.11. The buyer is obliged to take delivery of the goods upon delivery. Repeated delivery or another method is associated with additional costs, which the buyer shall pay.

5.12. Upon receipt from the carrier, the buyer is obliged to check the packaging and immediately report any damage. Damaged packaging may be a reason for not accepting the shipment.

5.13. Ownership of the goods passes to the buyer upon payment of the full price and receipt of the goods.

5.14 . Responsibility for damage or loss of goods passes to the buyer upon receipt.

When receiving the package, check the packaging. If the packaging is damaged, contact the courier and write a damage report. If you find damage to the contents after unpacking, contact the carrier within 3 days and create photo documentation.

6. Withdrawal from the contract

6.1. The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract without giving any reason.

6.2. Withdrawal period: The buyer may withdraw from the contract within **60 days** from receipt of the goods.

6.3. Exceptions to the right of withdrawal: The Buyer does not have the right to withdraw from the contract in the following cases:
- If the price of the goods or service depends on fluctuations in the financial market beyond the control of the seller.
- When delivering goods modified according to the buyer's wishes, custom-made or intended for a specific buyer.
- In other cases specified in Section 7(6) of Act No. 102/2014 Coll. on Consumer Protection.

6.4. Sending the declaration: The buyer must send the declaration of withdrawal from the contract within the withdrawal period.

6.5. Withdrawal form: The Buyer may use the sample form provided by the Seller. The completed form shall be sent to the Seller's e-mail or postal address. The Seller shall confirm receipt without delay.

6.6. Return of goods: The buyer must return the goods to the seller within **14 days** of withdrawal. The buyer bears the costs of returning the goods, including cases where the goods cannot be returned by regular mail.

6.7. Refund: The Seller shall refund to the Buyer all monies received, including delivery costs, within **14 days** of withdrawal. Payment shall be refunded in the same manner, unless the Buyer and the Seller agree otherwise.

6.8. Delivery costs: If the buyer has chosen a more expensive method of transport, the seller will only refund the amount corresponding to the cheapest method offered.

6.9. Refund condition: The seller does not have to return the money before the buyer hands over the goods or proves their shipment.

6.10. Condition of returned goods: The buyer must return the goods in an undamaged, unworn and uncontaminated condition, in the original packaging. The seller may unilaterally offset the claim for damages against the amount to be returned.

6.11. Withdrawal by the seller:
The seller may withdraw from the contract for reasons such as:
- Out of stock.
- Unavailability of goods.
- Cessation of production or import of goods.

In such cases, the seller will inform the buyer immediately by e-mail and return the funds received within 14 days in the same manner, or in a manner specified by the buyer.

|7. Rights arising from defective performance

7.1. Seller's liability:

The seller is responsible for ensuring that the goods upon receipt:

- has agreed or expected properties,

- is suitable for the purposes stated by the seller or for normal use,

- corresponds in quality and design to the agreed sample or template,

- is in the correct quantity or weight,

- complies with legal regulations.

7.2. Liability period:

- If the defect becomes apparent within 6 months of receipt, it is assumed that it already existed at the time of receipt.

- The buyer can exercise rights from defects within 24 months from receipt, with exceptions such as:

- Goods sold at a lower price due to a known defect,

- Wear and tear caused by normal use,

- Used goods with a defect corresponding to their wear and tear,

- The nature of the goods precludes a claim.

7.3. Buyer's rights in case of defects: 

- Remediable defect: The buyer may request:

- Free removal of the defect,

- Exchange of goods. 

- Irremovable defect: The buyer may request:

- A reasonable discount on the price,

- Withdrawal from the contract.

7.4. Repeated and serious defects:

The buyer may complain about the goods and request:

- Withdrawal from the contract if the defect prevents proper use,

- Replacement of goods in case of repeated occurrence of a defect after repair,

- Withdrawal from the contract in the event of multiple defects.

7.5. Filing a complaint:

A complaint can be filed:

- At any of the seller's establishments suitable for accepting complaints,

- At the place of business or at the person designated by the seller. 

The buyer will receive a confirmation containing:

- Date and content of the complaint,

- Required type of equipment,

- Confirmation of equipment, repair, or rejection.

7.6. Deadlines for handling complaints:

- The seller will determine the method of resolving the complaint:

- Immediately, within 3 working days at the latest,

- In complex cases, within 30 days. 

- The equipment must not last longer than 30 days. After this period, the buyer has the right to:

- To withdraw from the contract,

- To exchange goods.

7.7. Informing the buyer:

The seller must inform the buyer of the result of the complaint in writing within 30 days of its submission.

7.8. Exceptions to rights:

The buyer is not entitled to exercise rights arising from defective performance if:

- He knew about the defect before taking over,

- He caused the defect himself.

7.9. Reimbursement of costs:

In the event of a justified complaint, the buyer has the right to compensation for reasonably incurred costs, which he can claim within one month after the expiration of the warranty period.

7.10. Choice of solution:
The buyer can choose the method of handling the complaint if there are multiple options.

7.11. Legal framework:

The rights and obligations of the parties are governed by:

- Civil Code (§ 499 – 510, § 596 – 600, § 619 – 627),

- Act No. 250/2007 Coll. on Consumer Protection.

7.12. Complaints procedure:

Details are governed by the seller's complaints procedure.

8. Delivery

8.1. The Parties may deliver all written correspondence via electronic mail.

8.2. The Buyer shall deliver correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the email address specified in his customer account or in the order.

9. Out-of-court dispute resolution

9.1. The consumer has the right to contact the seller with a request for redress if he is not satisfied with the way the seller handled his complaint or if he believes that the seller has violated his rights. The consumer may submit a proposal for alternative (out-of-court) dispute resolution with an alternative dispute resolution entity if the seller has not responded negatively or has not responded to the request within 30 days. This does not affect the consumer's possibility to go to court.

9.2. The Slovak Trade Inspection Authority, with its registered office at: Prievozská 32, 827 99 Bratislava, Company ID: 17 331 927, is responsible for the out-of-court settlement of consumer disputes. It can be contacted at: Prievozská 32, 827 99 Bratislava 27 or electronically at ars@soi.sk or adr@soi.sk. Internet address: https://www.soi.sk/. The online platform for dispute resolution is available at: http://ec.europa.eu/consumers/odr.

9.3. The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumers.

9.4. The Seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out by the relevant District Office, Trade License Department. The Slovak Trade Inspection supervises compliance with Act No. 250/2007 Coll. on Consumer Protection.

10. Delivery

10.1. All agreements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship contains an international element, the parties have agreed that the relationship is governed by the laws of the Slovak Republic. This does not affect the rights of the consumer under generally binding legal regulations.

10.2. The Seller is not bound by any codes of conduct within the meaning of the Consumer Protection Act.

10.3. All rights to the Seller's website, including copyright, page layout, photos, films, graphics and other elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the Seller's consent.

10.4 . The Seller is not responsible for errors resulting from third party intervention in the online store or its use contrary to its intended purpose.

10.5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.

10.6. The Seller reserves the right to amend and supplement the text of the Terms and Conditions. This does not affect the rights and obligations arising during the validity of the previous version.

10.7. The appendix to the Terms and Conditions is a sample form for withdrawal from the contract.

11. Instructions on exercising the consumer's right to withdraw from the contract

11.1. The consumer has the right to withdraw from the contract without giving any reason within 45 days. The withdrawal period expires 6 days from the day on which the consumer or a third party designated by him takes possession of the goods.

11.2. Consequences of withdrawal from the contract:

After withdrawal from the contract, the seller will refund all payments made by the consumer in connection with the contract, including the costs of delivery of the goods. Payments will be refunded within 14 days from the date on which the seller receives the notification of withdrawal. Payment for the goods will be refunded only after delivery of the returned goods or upon presentation of proof of their dispatch.

The consumer is obliged to return the goods within 14 days from the date of withdrawal to the seller's address.

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

The consumer's liability for damage to returned goods is limited only to the reduction in the value of the goods caused by inappropriate handling when determining their nature, properties and functionality.

Warning: Our products do not replace medical care. It is recommended to use them in combination with BICOM bioresonance devices and regular check-ups with a doctor.