TERMS AND CONDITIONS

General terms and conditions of the online shop divertrecords.sk, which is operated by

DeXter Laboratory s. r. o.

IČO: 50869019
DIČ: 2120506707

with registered office: Galvaniho 7/D, Bratislava – mestská časť Ružinov 821 04, Slovakia
Company registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert number: 119492/B

contact information:

e-mail: hey@divertrecords.sk

Phone: + 421 919 226 188

(hereinafter referred to as “Seller”)

1.1 These terms and conditions regulate the mutual rights and obligations between the seller and the  person who concludes a purchase contract (hereinafter referred to as the “buyer”) through the web interface located on the website divertrecords.sk (hereinafter referred to as the “online store”).

1.2 The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

1.3 Supervisory authority: Slovak Trade Inspection Authority (SOI), SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5,820 07 Bratislava 27, Slovakia, Department of Technical Product Inspection and Protection, Consumer and Legal Department tel. no: 02/ 58272 172, 02/58272 104 fax č.: 02/ 58272 170 soi.sk

2.1 Information about the goods, including the prices of the individual goods and their main characteristics are listed in the catalogue of the online store. The prices of the goods are inclusive of VAT. The prices of the goods remain valid for as long as they are displayed in the online shop. The purchase price is valid at the time the order is created.

2.2 Information on the costs associated with the packaging and delivery of goods is published in the online shop.The information about the costs associated with packaging and delivery of goods listed in the online store applies to delivery within the territory of the Slovak Republic and the Czech Republic, other countries.

2.3 Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer. Sale prices of goods are valid while stocks last, unless otherwise stated for a specific product.

3.1 Based on the buyer’s registration made in the online shop, the buyer can access his customer account. From his customer account, the buyer can order goods, track the status of an order, view order history, change personal data and more. The buyer can also order goods without registration.

3.2 When registering for a customer account and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account with any changes. The data provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.

3.3 Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties. The Buyer is not entitled to allow third parties to use the customer account.

3.4 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Agreement or these Terms and Conditions.

3.5 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

4.1 The buyer orders the goods in the following ways:

• via your customer account, after prior registration in the online shop
• by filling in the order form without registration

4.2 When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.

4.3 Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the “SUBMIT ORDER WITH PAYMENT OBLIGATION” button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer’s acknowledgement that he/she has read these Terms and Conditions and the Privacy Policy.

4.4 Upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is accompanied by the Seller’s current terms and conditions. The purchase contract is concluded only after the seller has accepted the order. Notification of acceptance of the order is delivered to the buyer’s email address.

4.5 In the event that any of the requirements specified in the order cannot be met, the Seller will send the Buyer an amended offer to his email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer’s confirmation of the acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

4.6 In the event of an obvious technical error on the part of the Seller in the indication of the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this completely obviously erroneous price, even if the Buyer has been sent an automatic acknowledgement of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer’s email address. The amended offer shall be deemed to be a new proposal for a contract of sale and the contract of sale shall in such case be concluded by the Buyer’s acknowledgement of receipt to the Seller’s email address set out in these Terms and Conditions.

4.7 All orders accepted by the Seller are binding. The Buyer may cancel an order in accordance with the terms and conditions set out in Article 6. Cancellation of order” of these terms and conditions.

5.1 The price of the goods and any costs associated with the delivery of the goods under the contract of sale may be paid by the buyer in the following ways:

• by transfer to the seller’s bank account
• in cash or by credit card when collecting in person at the dispatch office

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

5.3 In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.

5.4 The goods are delivered to the buyer at the address specified by the buyer in the order or by personal collection by mutual agreement. The Seller’s obligation to deliver the goods is fulfilled by handing over the goods to the Buyer or to the authorised person specified in the order or by handing them over to the delivery person. The obligation to deliver the goods shall also be deemed to be fulfilled if the Buyer fails to take delivery of the goods at the agreed time and place or refuses to take delivery of the goods. If the Buyer fails to take delivery of the goods without prior written withdrawal from the contract, the Seller shall be entitled to claim compensation from the Buyer for the costs associated with the return of the goods. Re-delivery is only possible by mutual agreement.

5.5 The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the Buyer’s order and in the Seller’s order confirmation. In the case of splitting one order into multiple shipments based on the Buyer’s wishes, the Seller may charge the postage for each shipment separately.

5.6 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods. In the event of any defects, notify the carrier immediately and indicate “RECEIVED WITH REFUND” when accepting the shipment for signature. In the event of any damage to the packaging indicating tampering, the Buyer may not accept the shipment from the carrier.

5.7 The delivery time is indicated separately for each good and means how many working days from the conclusion of the purchase contract the seller usually sends the goods (handed over to the carrier) and depends on the availability of the goods in the warehouse of the seller or its suppliers. The delivery time is indicative.

5.8 The Seller is obliged to fulfill the Buyer’s order and deliver the goods within 30 days of receipt of the order. If the ordered goods or part of the goods from the order cannot be delivered within the above mentioned time limit, the Seller shall inform the Buyer about this situation as soon as possible and notify him of the expected date of delivery of the goods, or propose the delivery of replacement goods. If the Seller fails to provide the goods even within the additional period, the Buyer shall have the right to withdraw from the contract.

5.9 Goods that are in stock on the e-shop are dispatched by the seller no later than the next working day and their delivery depends on the shipping method chosen by the buyer.

5.10 The Seller issues the Buyer an advance invoice with a due date of 7 days, the tax document – invoice is generated after payment of the advance invoice and sent by e-mail as well as located in the user account. The tax invoice is attached to the delivered goods, which also serves as a warranty card.

5.11 The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in breach of the contract of sale.

More information on payments and shipping rates.

6.1 The buyer has the right to cancel an order that has not yet been processed. In this case, the Buyer must contact the Seller as soon as possible and provide the order number. If the order has already been paid for, the Seller will refund the money to the Buyer within 14 days at the latest to the account from which the Buyer paid. In the case of card payments (VISA, MasterCard), this period may be extended, taking into account the bank’s refund procedure for card payments.

6.2 The Seller reserves the right to cancel the Buyer’s order for the goods if it is unable to deliver the goods due to unavailability (out of stock or withdrawal from the offer) or if, even after making every effort, it is unable to deliver the goods within the agreed time or price, and/or the provision of the goods would cause the Seller unreasonable inconvenience and disproportionate expense in relation to the value of the ordered goods, unless it agrees with the Buyer on an alternative performance. The Seller shall inform the Buyer of the cancellation of the order immediately by telephone or e-mail. In the event of payment of the purchase price or part thereof, the funds will be returned to the Buyer within 14 days to the account from which the Buyer paid, unless otherwise agreed with the Buyer.

7.1 All goods sold are covered by a statutory warranty period of 24 months, in the case of second-hand and second-hand goods 6 months, which begins on the date of receipt of the goods by the customer, unless otherwise stated.

7.2 A buyer who has concluded a purchase contract outside his/her business activity as a consumer has the right to withdraw from the purchase contract.

For more information and exact terms and conditions, see the separate section Complaints and withdrawal from the contract.

8.1 If the Buyer is not satisfied with the order processing, delivered goods or services of the Seller, he has the right to notify this fact to the email reklamacie@divertrecords.sk. If the complaint is not handled to the Buyer’s satisfaction or if the Buyer believes that his/her rights may have been violated, he/she may, pursuant to Act 391/2015 Coll. the buyer may file a petition for the initiation of an alternative dispute resolution.

8.2 The Slovak Trade Inspection is competent for the alternative resolution of consumer disputes arising from a purchase contract, with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava Slovakia, internet address: soi.sk. The online dispute resolution platform located at ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.

8.3 The European Consumer Centre of the Slovak Republic, located at Mlynské nivy 44/A 827 15, Bratislava 212, internet address: europskyspotrebitel.sk is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and supplementing Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

9.1 The gift voucher can be used once for the purchase of goods in the online store divertrecords.sk.sk or at sales events in the form of personal sales of the seller until the date indicated as the validity of the voucher “Valid until”.

9.2 The code on the gift voucher is entered by the buyer when creating an order in the “Gifts and discounts” section in the “Insert discount coupon” box. When selling in person, the buyer hands the gift voucher to the seller.

9.3 The value of the gift voucher is stated on each voucher as an amount including VAT. If the total amount is higher than the value of the gift voucher, the customer will only pay the balance. If the total amount is less than the value of the gift voucher, the remainder of the value is forfeited without refund. A gift voucher can only be used in one order, and a maximum of one voucher can be used in one order at a time.

9.4 The gift voucher can only be used for the purchase of goods and services, it does not apply to postage and other charges.

9.5 The gift voucher cannot be exchanged for cash. In the event of a return of goods paid for with a gift voucher, the amount of these goods will be refunded by means of a new voucher for the value of the returned goods.

10.1 All information provided by the Buyer to the Seller is confidential and the Seller agrees to treat it as such. The Seller shall not use the Buyer’s data in any way other than for the purpose of performance of the Contract without the Buyer’s express consent, except for the email address to which commercial communications may be sent to the Buyer, as this practice is permitted by law, unless the Buyer refuses it.

10.2 For more information on commercial communications and the form of their refusal, see “11. Newsletter and emails”.

For more detailed information on data protection, please refer to the Privacy Policy.

11.1 When registering or creating an order, the buyer can decide whether they want to receive information about news or sales promotions from us. The buyer can also choose to receive the newsletter individually on the website by entering his e-mail address on the homepage “Newsletter – Bulletin once a week”.

11.2 The Seller will also send information on the progress of the Buyer’s order, availability or unavailability of titles, news and also discount vouchers if the Buyer is entitled to a discount to the specified e-mail address.

11.3 The Seller may send important information to registered customers irregularly (maximum several times a year) in the form of a business announcement related to the operation of the divertrecords.sk online shop.

11.4 You can easily unsubscribe from all emails by clicking unsubscribe in the inbox. You can also unsubscribe by sending a letter to the Seller’s address or by emailing hey@divertrecords.sk.

12.1 All agreements between the Seller and the Buyer shall be governed by these Terms and Conditions and the laws of the Slovak Republic. If the relationship established by the Purchase Contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Slovak Republic. This shall be without prejudice to the consumer’s rights under generally binding legislation.

12.2 All rights to the Seller’s website, in particular the copyrights to the content, including texts, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof in any way without the written consent of the Seller.

12.3 The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not perform any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components that make up the online shop and use the online shop or its parts or software in a way that would be contrary to its purpose or intended use.

12.4 In the event that any provision of these Terms and Conditions is or becomes invalid, ineffective and/or unenforceable, the validity, effectiveness and/or enforceability of the remaining provisions of these Terms and Conditions shall not be affected unless the nature of such provision itself precludes it under applicable law.

12.5 The Seller reserves the right to unilaterally change or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions. Any changes to these general terms and conditions shall come into force on the date of their publication on the divertrecords.sk website. Legal relations arising from the purchase contract shall always be governed by the general terms and conditions in force at the time of the binding order of goods.

These terms and conditions come into force on 01.04.2021