I. Identification of the Seller

1.1. These General Terms and Conditions (hereinafter also referred to as the “Terms and Conditions”) govern the legal relationships between the company

Business name: Enterra s.r.o.

Registered office: T. J. Moussona 6429/2B, 071 01 Michalovce, Slovak Republic

Registered in the Commercial Register of the District Court Košice, section: Sro, insert no. 44533/

ID no.: 51901706

Tax ID: 2120824332

VAT ID: SK2120824332 Bank account: SK38 7500 0000 0040 2623 6271

The Seller is a payer of value added tax

(hereinafter also referred to as the “Seller” or the “Merchant”) and any person who is the Buyer of the products offered by the Seller on the Seller’s Website, and who acts as a consumer within the meaning of the other provisions of these General Terms and Conditions and the relevant laws defining the consumer, within the framework of the valid legislation of the Slovak Republic, in particular the laws: Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended, Act No., Act No. 40/1964 Coll. Civil Code, as amended,  

1.2. The email contact and telephone contact for the Seller is:

Email: info@enterra.sk

Phone number.: 0902 114 456

1.3. The address for sending documents, complaints, withdrawals from contracts is:

Enterra, s.r.o., Priemyselná 2, 071 01 Michalovce, Slovak Republic

II. Definition of Terms

2.1. For the purposes of these General Terms and Conditions, the Merchant, in accordance with Act No. 108/2024 Coll. as amended, states and defines the following terms:

2.2. A distance contract is a contract between a trader and a consumer negotiated and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the trader and the consumer, in particular using an online interface, email, telephone, fax, an addressed letter or an offer catalogue  

2.3. A trader (hereinafter also referred to as the “Seller”) is a person who, in connection with a consumer contract, an obligation arising therefrom or in a commercial practice, acts within the scope of their business activity or profession, including through another person acting on their behalf or on their account.

2.4. A consumer is a natural person who, in connection with a consumer contract, an obligation arising therefrom or in a commercial practice, does not act within the scope of their business activity or profession.

2.5. A consumer contract is any contract, irrespective of its legal form, concluded between a trader and a consumer.

2.6. The term Online Store is identical to the term Electronic Store and the term Website.

2.7. The Buyer is any person (natural person or legal entity) who has sent an order, in particular using the Seller’s website, or other means of distance communication.

2.8. Durable medium means any instrument which enables the consumer or the trader to store information addressed personally to that consumer or trader in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored, in particular a letter, e-mail, USB key, CD, DVD, memory card and computer hard drive.

III. Basic Provisions

3.1. These General Terms and Conditions govern the legal relationships between Buyers who are consumers and the Merchant.
3.2. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with Buyers who do not act as consumers are governed by the provisions of Act No. 513/1991 Coll. Commercial Code, as amended.

IV. Product Order – Conclusion of the Purchase Contract

4.1. The Buyer’s proposal to conclude a purchase contract is the sending of an order for products by the Buyer, carried out in particular using the Merchant’s website, or other means of distance communication.
4.2. The purchase contract between the Buyer and the Merchant is concluded upon delivery of the order confirmation to the Buyer, which the Buyer created in accordance with point 4.1. of these Terms and Conditions by the Merchant (electronically to the Buyer’s email address, which the Buyer chose in the order creation process).

V. Duration of the Purchase Contract

5.1. The purchase contract is concluded for a definite period and terminates in particular upon the fulfilment of all obligations of the Seller and the Buyer.
In particular, by the delivery and payment of the products in accordance with the concluded purchase contract. This provision is without prejudice to the Buyer’s rights under the statutory liability for defects of the products on the part of the Merchant.

VI. Purchase Price Information on the Purchase Price

6.1. The price of goods and services ordered through the Seller’s Website (hereinafter referred to as the “purchase price”) is stated separately for each product and is valid at the moment of creating the order by the Buyer.
6.2. The purchase price of goods or services listed on the Seller’s Website is the total price of the goods or services including all taxes, and is clearly stated on the Seller’s Website.

VII. Delivery of Products

7.1. In the event that the Buyer has chosen cash on delivery as the form of payment for the order, the Seller is obliged to fulfil the order and deliver the products to the Buyer within 30 days from the date of conclusion of the purchase contract in accordance with point 4.2. and subsequent of these Terms and Conditions.

7.1.1. In the event that the Buyer has chosen a form of payment for the order other than cash on delivery, the Seller is obliged to fulfil the order and deliver the products to the Buyer within 30 days from the date of conclusion of the purchase contract in accordance with point 4.2. and subsequent of these Terms and Conditions and payment of the total price of the order to the Seller. In the event that both conditions set out in point 7.1.1. of these Terms and Conditions have been met (i.e. if the purchase contract has been concluded and the total price of the order has been paid to the Seller), the Seller is obliged to deliver the products to the Buyer within 30 days from the date of fulfilment of both these conditions. The usual period when the Seller dispatches the products is the next business day from the date of conclusion of the purchase contract, the maximum delivery time is 3 days.

VIII. Transfer of Title

8.1. Title to the sold item and the risk of accidental destruction, accidental deterioration and loss of the item passes to the Buyer upon delivery.

IX. Payment Methods

9.1. You can pay for goods and services on the Seller’s Website by the following methods:

9.1.1. Payment by deposit or transfer to the Seller’s account – price 0 euros

X. Shipping – Methods of Transporting Products and the Price for Their Transport

10.1. The purchase price of goods or services does not include transport costs or other costs related to the delivery of products  

10.2. Methods of transport and the price for the transport of ordered products:

10.2.1. Forms of Transport:

10.2.1.1. Courier service

10.2.2. Prices for Transport:

10.2.2.1. The Seller informs the Buyer about the prices for individual forms of transport on the Seller’s website during the purchase process, before concluding the Purchase Contract on the page https://www.enterra.sk/checkout/

10.3. In the event that the total purchase price of the products in one order of the Buyer is higher than the amount of 200 euros, or it is decided individually, the price for any chosen form of transport is 0 euros.

XI. Withdrawal of the Buyer from the Purchase Contract without Giving a Reason

11.1. The consumer has the right to withdraw from a distance contract and from a contract concluded off-premises even without giving a reason within the period pursuant to Article XII, points 12.1 to 12.3 of these Terms and Conditions, except for a contract for:

11.2. the provision of a service if the service has been fully provided and the provision of the service began before the expiry of the deadline for withdrawing from the contract with the express consent of the consumer and the consumer declared that they had been duly informed that by giving their consent they lose the right to withdraw from the contract after the service has been fully provided, if under the contract the consumer is obliged to pay the price,

11.3. the supply or provision of a product, the price of which depends on fluctuations in prices on the financial market, which the trader cannot influence and which may occur during the period for withdrawing from the contract,

11.4. the supply of goods made to the consumer’s specifications or goods made to measure,

11.5. the supply of goods which are liable to deteriorate or expire rapidly,

11.6. the supply of goods sealed in protective packaging which are not suitable for return due to health protection or hygiene reasons, if the protective packaging has been opened after delivery,

11.7. the supply of goods which, by reason of their nature, may, after delivery, be inseparably mixed with other goods,

11.8. the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, the delivery of which can take place only after 30 days and the price of which depends on fluctuations in the market which the trader cannot influence,  

11.9. carrying out urgent repairs or maintenance during a visit to the consumer for which the consumer has expressly requested the trader; this does not apply to a contract for the provision of a service other than repair or maintenance and to a contract for the supply of goods other than spare parts necessary for carrying out repairs or maintenance, if the contracts were concluded during the trader’s visit to the consumer and the consumer did not order these goods or services in advance,

11.10. the supply of sound recordings, video recordings, audio-visual recordings or software in sealed packaging which has been opened after delivery,

11.11. the supply of periodicals other than those supplied under a subscription contract,

11.12. goods purchased at a public auction,

11.13. the provision of accommodation services for purposes other than residential purposes, the carriage of goods, car rental, the provision of catering services or the provision of services related to leisure activities, if the contract provides that the trader is to provide these services on a specific date or within a specific period,

11.14. the supply of digital content which is not supplied on a tangible medium if the supply of the digital content has commenced and the consumer has given their express consent to the commencement of the supply of the digital content before the expiry of the period for withdrawing from the contract, has declared that they have been duly informed that by giving their consent they lose the right to withdraw from the contract by commencing the supply of the digital content, and the trader has provided the consumer with confirmation pursuant to Section 17(12)(b) or (13)(b) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended, if under the contract the consumer is obliged to pay the price.

XII. Exercise of the Right to Withdraw from a Distance Contract and an Off-Premises Contract

12.1. The consumer may withdraw from a distance contract or from an off-premises contract within

a) 14 days from the date of

receipt of the goods by the consumer pursuant to point 12.4. conclusion of the contract for the provision of a service, conclusion of a contract for the supply of water other than for sale in a limited volume or in a set quantity, and a contract for the supply and purchase of heat, conclusion of a contract for the supply of digital content which is not supplied on a tangible medium,

b) 30 days from the date of the conclusion of the contract in the case of or in connection with an unsolicited visit or at or in connection with a sales event.

12.2. If the trader has provided the consumer with the special information regarding the instruction on the consumer’s right to withdraw from the contract in the case of a distance contract and an off-premises contract only subsequently, but no later than 12 months from the commencement of the period for withdrawing from the contract pursuant to point 12.1, the consumer may withdraw from the distance contract or from the off-premises contract within

a) 14 days from the date on which the trader subsequently fulfilled the information obligation, in the case of the running of the period pursuant to 12.1(a), or

b) 30 days from the date on which the trader subsequently fulfilled the information obligation, in the case of the running of the period pursuant to 12.1(b).

12.3. If the trader has not provided the consumer with the special information regarding the instruction on the consumer’s right to withdraw from the contract in the case of a distance contract and an off-premises contract even pursuant to point 12.2, the consumer may withdraw from the distance contract or from the off-premises contract within 12 months from the expiry of the period pursuant to point 12.1.

12.4. The goods are considered to have been received by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, takes possession of all parts of the ordered goods, or if

a) the goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods which were delivered last,  

b) goods consisting of several parts or pieces are delivered, at the moment of receipt of the last part or the last piece,

c) the goods are delivered repeatedly over a certain period of time, at the moment of receipt of the first goods.

12.5. The consumer may withdraw from a distance contract or from an off-premises contract for the supply of goods even before the commencement of the period for withdrawing from the contract.

12.6. The consumer may exercise the right to withdraw from a distance contract or from an off-premises contract in writing or in the form of a record on another durable medium and if the contract was concluded orally, any clearly worded statement of the consumer expressing the consumer’s will to withdraw from the contract (hereinafter referred to as the “notice of withdrawal”) is sufficient to exercise the consumer’s right to withdraw from the contract. The consumer may use the model withdrawal form.  

12.7. The deadline for withdrawing from the contract pursuant to points 12.1 to 12.3 is deemed to have been met if the consumer sends the notice of withdrawal to the trader no later than the last day of the deadline.

12.8. The consumer may withdraw from the contract only in relation to a specific product or products if the trader has supplied or provided several products under a distance contract or an off-premises contract.

12.9. The burden of proof of the exercise of the right to withdraw from the contract lies with the consumer.

XIII. Rights and Obligations of the Consumer after Withdrawing from a Distance Contract and an Off-Premises Contract

13.1. The consumer is obliged to send back or hand over the goods to the trader or a person designated by the trader to receive the goods within 14 days from the date of withdrawing from the distance contract or from the off-premises contract pursuant to point 12.1; this does not apply if the trader proposes to collect the goods in person or through a person designated by the trader. The deadline pursuant to the first sentence is deemed to have been met if the consumer sends the goods to the trader no later than the last day of the deadline.

13.2. In the event of withdrawal from a distance contract or from an off-premises contract pursuant to point 12.1, the consumer shall bear only the costs of returning the goods to the trader or a person designated by the trader to receive the goods; this does not apply if the trader has agreed to bear the costs himself or if the trader has not fulfilled the information obligation, i.e. if the trader has not provided the consumer with the special information regarding the instruction on the consumer’s right to withdraw from the contract in the case of a distance contract and an off-premises contract.

13.3. The consumer is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods; this does not apply if the trader has not fulfilled the information obligation pursuant to Section 15(1)(f) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended.  

13.4. The consumer is obliged to pay the trader the price for the performance actually provided until the date of delivery of the notice of withdrawal if, pursuant to Section 19(1) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended, the consumer withdraws from a distance contract or from an off-premises contract for the provision of a service, the supply of water other than for sale in a limited volume or in a set quantity, or the supply of heat, and before the commencement of the performance has given their express consent pursuant to Section 17(10)(c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended. The price for the performance actually provided shall be calculated proportionally on the basis of the total price agreed in the contract. The price for the performance actually provided shall be calculated on the basis of the market price of the performance provided if the total price agreed in the contract is excessive.  

13.5. The consumer shall not incur any obligations or costs other than the obligations under points 13.1, 13.3 to 13.5 and the obligation to pay additional costs pursuant to point 14.3 from the exercise of the right to withdraw from a distance contract or from an off-premises contract pursuant to point 11.1.

XIV. Rights and Obligations of the Trader after the Consumer Withdraws from a Distance Contract and from an Off-Premises Contract

14.1. The trader is obliged to return to the consumer all payments received from the consumer under or in connection with the distance contract, the off-premises contract or the ancillary contract, including the costs of transport, delivery, postage and other costs and charges, within 14 days from the date of receipt of the notice of withdrawal.

14.2. The trader is obliged to return to the consumer all payments pursuant to point 14.1 to the extent corresponding to the withdrawal from the contract if the consumer has not withdrawn from the entire distance contract or from the entire off-premises contract. The trader may not charge the consumer additional costs for transport, delivery, postage and other costs and charges.

14.3. The trader is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a different method of delivery than the least expensive usual method of delivery offered by the trader. Additional costs means the difference between the costs of delivery chosen by the consumer and the costs of the least expensive usual method of delivery offered by the trader.  

14.4. The trader may not require the consumer to pay the costs of

a) the provision of a service, the supply of water other than for sale in a limited volume or in a set quantity, or the supply of heat during the period for withdrawing from the contract pursuant to points 12.1 to 12.3, irrespective of the extent of the performance provided, if:

the trader has not provided the consumer with the information pursuant to Section 15(1)(f) or (h) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended, or

the consumer has not given the trader their express consent to the commencement of the provision of the service or the supply of water or heat pursuant to Section 17(10)(c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended,

b) the full or partial supply of digital content which is not supplied on a tangible medium if:

the consumer has not given the trader their express consent to the commencement of the supply of the digital content pursuant to Section 17(10)(c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended,

the consumer has not declared that they have been duly informed that by giving their consent pursuant to the first indent they lose the right to withdraw from the contract, or

the trader has not provided the consumer with confirmation pursuant to Section 17(12)(b) or (13)(b) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended.

14.5. In the event of withdrawal from a distance contract or from an off-premises contract for the supply of goods, the trader is not obliged to return to the consumer the payments pursuant to point 14.1 before the goods are delivered to the trader or until the consumer proves that the goods have been sent back to the trader, unless the trader proposes to collect the goods in person or through a person designated by the trader.

14.6. The trader is obliged to return to the consumer the payments pursuant to point 14.1 by the same means as that used by the consumer for making the payments; this is without prejudice to the right of the trader to agree with the consumer on a different means of payment if the consumer will not be charged any fees in connection with the payment.

14.7. The trader is obliged to arrange for the collection of the goods at their own expense within the period pursuant to point 14.1 if, under an off-premises contract, the goods were delivered to the consumer’s home at the time of the conclusion of the contract and, taking into account the nature of the goods, it is not possible to send the goods back to the trader by post.  

14.8. Unilateral set-off of claims of the trader and the consumer arising from the withdrawal from the contract pursuant to point 11.1 is prohibited.

XV. Supervisory Authority

15.1. The competent authority supervising the legality in the field of consumer protection is:

Inspectorate of the Slovak Trade Inspection

with its registered office in Michalovce for the Košice Region

Vrátna 3, P. O. BOX A-35, 040 65 Košice 1

Department of Supervision

tel. no. 055/729 07 05

fax no. 055/622 76 55

email: ke@soi.sk

web link for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi  

XVI. Alternative Dispute Resolution

16.1. In the event that the consumer is not satisfied with the way in which the Seller has handled their complaint or believes that the Seller has violated their rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller rejects the consumer’s request pursuant to the previous sentence or fails to respond to such a request within 30 days from the date of its sending by the consumer, the consumer has the right to submit a proposal to commence alternative dispute resolution pursuant to the provision of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Supplements to Certain Acts, as amended. The competent body for alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk/, or directly on the website https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1). The consumer has the right to choose which of the said alternative dispute resolution entities they will contact. The consumer may use the online dispute resolution platform, available on the website http://ec.europa.eu/consumers/odr/, or directly on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, to submit a proposal for an alternative resolution of their consumer dispute.

Alternative dispute resolution may only be used by a Buyer who acts as a consumer in the conclusion and performance of the contract. Alternative dispute resolution only concerns a dispute between the consumer and the Seller arising from or relating to the consumer contract. Alternative dispute resolution only concerns distance contracts. The alternative dispute resolution entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating alternative dispute resolution of up to EUR 5 including VAT. All other information regarding the alternative resolution of disputes between the Seller and the Buyer – consumer arising from or relating to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Supplements to Certain Acts, as amended.

XVII. Additional Provisions

17.1. The Seller shall not conclude a purchase contract or sell, broker or deliver alcoholic beverages/products, tobacco products and other products to persons (Buyers) under the age of 18 at the time of conclusion of the purchase contract, the sale of which to persons under the age of 18 is prohibited, in accordance with the applicable and effective legislation of the Slovak Republic. In connection with the above, the Seller shall verify the fulfilment of the condition of reaching the age of 18 by the Buyer by checking the age by means of the Buyer’s identity document (identity card or passport) when handing over the order to the Buyer. The Seller shall do so through an authorised person who is to deliver the order to the Buyer. If the Buyer has not reached the age of 18, or if the Buyer fails to prove or refuses to prove their age, the Seller shall not hand over the order to the Buyer and the purchase contract shall terminate.

XVIII. Information on Adopted Codes

18.1. The Merchant informs consumers that there are no special relevant codes of conduct to which the Seller has committed to adhere, whereby a code of conduct is understood to mean an agreement or set of rules defining the conduct of the Seller who has committed to adhere to this code of conduct in relation to one or more specific commercial practices or business sectors, unless these are laid down by law or other legislation or a measure of a public administration body, which the Seller has committed to adhere to, and on how the consumer can become acquainted with them or obtain their wording.

XIX. Product Reviews by Consumers

19.1. The Merchant does not control or restrict product reviews to only those who have purchased the product from the Merchant.

XX. Final Provisions

20.1. The Seller reserves the right to amend the General Terms and Conditions. The obligation of written notification of the amendment of the General Terms and Conditions is fulfilled by placing it on the Seller’s Website. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the time of conclusion of the Purchase Contract, until its termination.  

20.2. These General Terms and Conditions form an integral part of the Complaints Procedure and the Principles and Instructions on Personal Data Protection of this Website. The documents – Complaints Procedure and Principles and Instructions on Personal Data Protection of this Website are published on the domain of the Seller’s Website.  

20.3. These General Terms and Conditions shall enter into force and effect upon their publication on the Seller’s Website on 01.07.2024.