General Terms and Conditions
General Terms and Conditions
The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other hand. All contractual relations between the Seller and the Buyer are concluded in accordance with the law of the Slovak Republic. If the consumer is a contracting party, legal relations not regulated by these terms and conditions are governed by Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll., the Consumer Protection Act, as amended, Act No. 108/2000 Coll., the Consumer Protection in Home Sales and Mail Order Sales Act, as amended. If the contracting party is an entrepreneur, the legal relations not regulated by these terms and conditions are governed by Act No. 513/1991 Coll., the Commercial Code, as amended.
I. Definition
1.1 In these Terms and Conditions:
1.1.1 “E-shop” means a computer program – an Internet application that is available on the Internet through the Internet address www.nextmode.eu, the main functionality of which is the display, selection, and ordering of goods by the User;
1.1.2 “Consumer Contract” is a Purchase Contract, if the contracting parties are the supplier on the one hand and the consumer on the other;
1.1.3 “Seller” (supplier) is a person who, when concluding and fulfilling a consumer contract, acts within the scope of his commercial or other business activity. It is an entrepreneur who offers or sells products or provides services to the consumer, and also an entrepreneur who directly or through other entrepreneurs delivers the product to the buyer;
1.1.4 “Consumer” (buyer) is a person who purchases products or uses services for personal use or for members of his household, and who, when concluding and fulfilling a consumer contract, does not act within the scope of his commercial or other business activity;
1.1.5 A buyer who is not a consumer is a person who, when concluding and fulfilling a purchase contract, acts as part of his business or other business activity;
1.1.6 Conclusion of the purchase contract – the buyer’s order represents a proposal for the conclusion of the purchase contract. The purchase contract itself is concluded at the moment of delivery of the seller’s binding agreement with the draft purchase contract to the buyer, i.e. binding confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the seller and the buyer, which are defined by the purchase contract and these terms and conditions. The terms and conditions are an integral part of the purchase contract;
1.1.7 “Shopping basket” means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods, or Services/or by changing the number of selected Goods, or Services;
1.1.8 “Civil Code” means Act No. 40/1964 Coll., Civil Code as amended;
1.1.9 “Operator” means NextMode s. r. o., with registered office at Karpatské námestie 10A, 831 06 Bratislava – Rača district, IČO 55 383 386, DIČ 2121974228 registered at OS BA I section. Ltd., insert no. 168821/B.
1.1.10 “Access data” means the unique login name and associated password entered by the User in the E-shop database during Registration;
1.1.11 “Registration” means the electronic registration of the User in the E-shop database, by filling in at least the mandatory registration data in the E-shop user interface and accessing data and their subsequent storage in the E-shop database;
1.1.12 “User” means any legal or physical person who uses the E-shop;
1.1.13 “User account” means the part of the E-shop that is established for each User by Registration (i.e. it is unique for each User) and made available after entering the Access Data;
1.1.14 “Goods” means the thing offered by the Operator for sale to the User through the E-shop and, if offered with the Goods, also the license to use this thing;
II. Contract conclusion process
2.1 Through the E-shop, the Operator offers Users to conclude a Purchase Agreement. The Operator’s offer to conclude a Purchase Agreement is the display of a button labeled “Continue to recap” in the user interface of the E-shop.
2.2 For the unreserved acceptance of the Operator’s offer to conclude the Purchase Agreement according to par. 2.1 of these Terms and Conditions on the part of the User is considered to be a click on the given button labeled “Complete order”.
2.3 Unreserved acceptance of the offer according to para. 2.2 of these Terms and Conditions, the Purchase Agreement is concluded.
2.4 The contract is concluded at the moment when the electronic information about clicking on the button “Complete the order” reaches the user via the Internet to the server where the E-shop is installed.
2.5 The user undertakes to fill in true and complete data in the appropriate text fields in the user environment of the E-shop, in particular, to fill in his email address, identification data, and possibly the delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not obliged or authorized to check the data entered.
2.6 The Operator will send the User an email message about the conclusion of the Purchase Agreement, to the email address entered by the User in the relevant field in the user environment of the E-shop.
III. Purchase contract
3.1 By concluding the Purchase Agreement, the following provisions become effective:
3.1.1 The User purchases from the Operator the Goods that the User has chosen in the user environment of the E-shop by placing them in the Shopping Basket, in the quantity that the User has chosen and/or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the given Goods the price that is indicated for such Goods in the user environment of the E-shop.
3.1.2 The Operator has the right to withdraw from the Purchase Agreement until the moment the Goods are sent to the User, for any reason or without stating a reason. The legal action of the Operator consisting in notifying the User that the Goods ordered by him cannot be delivered is also considered a withdrawal from the Purchase Agreement.
3.1.3 The Operator is entitled to ask the User for additional confirmation of the order at any time and until he receives the confirmation of the order from the User, he is entitled to delay sending the Goods to the User.
3.1.4 The method of packaging of the Goods is determined exclusively by the Operator.
3.1.5 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the given goods to the User in the amount specified for the given order in the user environment of the E-shop.
3.1.6 The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and possibly other monetary payments to the Operator.
3.1.7 If any of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making this payment, which are indicated for the given payment in the user environment of the E-shop.
3.1.8 In case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol determined by the Operator.
3.1.9 In the case of non-cash payment, the User’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the bank account designated by the Operator.
3.1.10 The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods can be combined with each other, unless explicitly stated otherwise for a specific discount.
3.1.11 The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; these costs are exclusively the costs of the User.
3.1.12 The Operator reserves the ownership right to the Goods, which are the subject of the Purchase Agreement, until the full payment of the purchase price for the given Goods by the User.
3.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Agreement. All deadlines for the delivery of the Goods listed in the user interface of the E-shop are indicative only.
3.1.14 The Operator always sends the User a tax document – an invoice in electronic form, to the User’s email address entered in the E-shop User Environment during the given order.
3.1.15 If the User is given a gift by the Operator together with the Goods, the gift contract between the User and the Operator is concluded with the severance condition that if there is a withdrawal from the Purchase Contract, the gift contract is canceled without further ado from the beginning together with the purchase contract and the User is obliged to return the provided gift to the Operator together with the purchased goods.
3.1.16 The Operator provides the User with a warranty for the purchased Goods, if the warranty period is specified for the Goods in the user environment of the E-shop, for the duration of the stated warranty period, while the warranty thus stated applies only to Consumers.
3.1.17 The User is entitled to exercise rights from defective performance with the Operator at the address of its registered office and/or operation. The moment of application of the claim is considered the moment when the Operator receives the claimed Goods from the User.
3.1.18 If, within the user environment of the E-shop, it is stated that the Product is used, the User buys the Product in a used condition, including the stated defects of this Product.
3.1.19 The risk of loss, damage and/or destruction of the Goods, which are the subject of the Purchase Agreement, passes to the User, who is a Consumer, at the moment of taking over the goods by the User.
3.1.20 The risk of loss, damage and/or destruction of the Goods, which are the subject of the Agreement, passes to the User, who is not a Consumer, at the moment of taking over the goods by the User.
IV. User account
4.1 The User has the right to create a User Account through Registration.
4.2 The User is obliged to enter Access Data before entering the User Account.
4.3 The User’s identification data entered during Registration are considered the data entered when ordering each Product, which the User places after logging into his User Account.
4.4 The User may not provide access data or any other access to the User Account to third parties. The user is obliged to take all appropriate measures to keep them secret. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator of this fact without unnecessary delay. The Operator will provide the User with new access data within a reasonable period of time.
4.5 The operator is entitled to unilaterally change these Terms and Conditions; will notify the User of the change through the E-shop and/or by email to the User’s email address entered in the E-shop database. The User has the right to reject changes to the Business Terms and Conditions within a period of fourteen (14) days from the first login to the User Account after the notification of the change to the Business Terms and Conditions (in the case of delivery via the E-shop) or from the delivery of the given email message to the User’s email box (in the case of delivery by email administration) and the obligation for this reason to give notice of thirty (30) days, which the contracting parties agree is sufficient to procure similar services from another supplier.
V. Information for the Consumer
5.1 The Consumer has the right to withdraw from the Purchase Agreement, within fourteen (14) days of receiving the Goods. In the event that the subject of the Purchase Agreement is several second Goods or the delivery of several parts, this period starts from the date of acceptance of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
5.2 If the Consumer withdraws from the Purchase Agreement, he is obliged to notify in writing his bank account number for the return of the purchase price for the Goods, which may be reduced if the legal reasons for this are met.
5.3 If the Consumer withdraws from the Purchase Agreement regarding the Goods, which he returns to the Operator damaged and/or worn, especially if the original markings of the Goods (i.e. tags, stickers, etc.) have been removed, the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original condition.
5.4 If the Consumer withdraws from the Purchase Agreement, the Operator is obliged to return the purchase price to the Consumer without undue delay, no later than 14 days from the day on which he was informed of the Consumer’s decision to withdraw from the Purchase Agreement.
5.5 If the Consumer has received the Goods consisting of movable items based on the Purchase Agreement, he is obliged to send them back to the Operator or hand them over to the address of the Operator’s business or headquarters, without undue delay, no later than 14 days from the date of withdrawal from the Purchase Agreement. The deadline is considered to have been met even if the movable items are sent to the Operator no later than the last day of the aforementioned deadline.
5.6 The Consumer is responsible to the Operator for the decrease in the value of the Goods as a result of handling these goods in a way other than that which is necessary to become familiar with the nature and properties of the given Goods, including its functionality.
5.7 The operator uses the option of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers can contact the relevant employee of the Operator free of charge via the email address kontakt@nextmode.eu.
VI. Complaints procedure
6.1 The Operator is responsible to the Consumer that the Goods are free of defects upon receipt. This does not apply if the subject of the Purchase Agreement is goods with defects, which the Operator, if known to him, or should have been known to him, taking into account all the circumstances, is obliged to notify the Consumer.
6.2 If the Goods contain defects, the Consumer has the right to demand the delivery of new Goods without defects, unless this is disproportionate due to the nature of the defect, or if the subject of the Purchase Agreement was Goods with defects that the Operator, if the defects were known to him, or taking into account all the circumstances should have been known, he informed the Consumer. If the defect concerns only a part of the Goods, the Consumer can only request the replacement of the given part of the goods; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6.3 The Consumer has the right to supply a new Product or to exchange a part of the Product even in the case of a removable defect unless the Product cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4 If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects, nor to exchange its parts or to repair the Goods, he may demand an appropriate discount from the price of the Goods. The Consumer has the right to a reasonable discount on the price of the Goods even if the Operator cannot deliver new Goods without defects, exchange its parts or repair the Goods, as well as in the event that the Operator does not seek redress in a reasonable time, or if seeking redress would cause the Consumer considerable difficulties.
6.5 The right of defective performance does not belong to the Consumer if the Consumer knew before taking over the Goods that the Goods had a defect, or if the Consumer himself caused the defect.
6.6 The Operator’s responsibility for defects in the Goods does not extend to wear and tear of the Goods caused by their usual use, in the case of Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed upon, in the case of used Goods for a defect corresponding to the degree of use or wear and tear the Goods had upon receipt Consumers, or if it follows from the nature of the Goods.
6.7 If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.
6.8 At the Consumer’s request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods allows it, instead of a warranty certificate, it is sufficient to issue a proof of purchase of the Goods to the Consumer containing the information that the warranty certificate must contain.
6.9 In the event that the Consumer exercises his right to eliminate defects in the Goods by repairing them, in the case of Goods for which, for the purposes of warranty repairs, the designated entrepreneur is different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in the place for the Consumer closer, the Consumer will exercise the right to warranty repair at this entrepreneur.
6.10 Complaints about the Goods, including the removal of defects in the Goods, must be dealt with without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After this period expires, the Consumer has the same rights as if it were a material breach of the Agreement.
6.11 The deadline for processing the complaint does not expire if the Operator has not received all the documents necessary for the processing of the complaint from the Consumer, until such time as the documents are delivered.
6.12 The Operator or an entity designated by him shall invite the Consumer to take over the repaired Goods after the complaint has been properly dealt with.
6.13 The right to exercise rights due to defects in the Goods expires in case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the case of unprofessional handling of them, i.e. especially when using the Goods in conditions that do not match the parameters specified in the documentation for the Goods.
VII. Alternative dispute resolution
7.1 The customer – the consumer – has the right to contact the operator – the seller with a request for correction by e-mail to contact@nextmode.eu if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. If the seller responds negatively to this request or does not respond to it within 30 days from its sending, the Consumer has the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to § 3 of Act no. 391/2015 Coll. The proposal can be submitted by the Consumer in the manner determined according to § 12 of Act no. 391/2015 Coll.
7.2 The consumer can also file a complaint through the alternative dispute resolution platform of the RSO, which is available online at: http://ec.europa.eu/consumers/odr/index_en.htm.
7.3 Alternative dispute resolution can only be used by the Consumer – a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment, or profession. Alternative dispute resolution refers only to a dispute between the Consumer and the Seller, resulting from the consumer contract or related to the consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS subject may demand payment of a fee for starting an alternative dispute resolution from the Consumer up to a maximum of EUR 5 including VAT.
VIII. Protection of personal data
8.1 When processing personal data, the Operator proceeds in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (hereinafter referred to as ” GDPR”) and Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.
8.2 Detailed information on how we collect, process, and protect the personal data of our customers when using our services is regulated in the personal data protection policy at https://www.nextmode.eu/ochrana-sukromia/
IX. Using the E-shop
9.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
9.2 The operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
9.3 The operator has the right to limit or interrupt the functionality of the E-shop or access to it for a period of time necessary for maintenance or repair of the E-shop.
9.4 The user is obliged to comply with the valid and effective legal regulations of the Slovak Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damage caused by the User’s violation of this obligation.
9.5 In case of violation of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.
X. Statements of the Operator
10.1 The operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically, and are protected against changes.
10.2 As a result of a technical error in the E-shop, the purchase price for the Goods may be displayed, the amount of which does not correspond to the usual price for such Goods on the market; in such a case, the Operator has no obligation to deliver the Goods at the displayed purchase price, he contacts the User and informs him of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price and if this is not the case, the Purchase Agreement is canceled from the beginning.
10.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrated, or may create a distorting impression due to their conversion to display in the User’s technical means, therefore the User is obliged to always familiarize himself with the full description of the Goods in question and contact The operator.
10.4 The contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the section https://www.nextmode.eu/contact/
XI. Statements of the Operator
11.1 The buyer is entitled to withdraw from the Purchase Agreement without giving a reason in accordance with sec. § 7 et seq. Act no. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the “Consumer Protection in Distance Selling Act”) within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the provision of electronic content not delivered on a physical medium, if the Seller has timely and properly fulfilled the information obligations according to section § 3 of the Act on Consumer Protection in Distance Selling.
11.2 Within this period, the buyer has the right to unpack the goods after taking them over and test them in a similar way as is usual when buying in a classic “brick and mortar” store, to the extent necessary to determine defects, properties, and functionality of the goods.
11.3 The Buyer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
11.4 It is not possible to withdraw from the contract for goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery.
11.5 If the Buyer has already received the ordered goods, he is obliged to return them in the original, undamaged packaging. In the event that the Buyer returns the ordered goods damaged, partially consumed, or in a state that does not correspond to the state in which it was sent by the Seller, acknowledges that the Seller is entitled to pay for the resulting damage, which the Seller is obliged to prove, from the amount paid by the buyer for the ordered goods.
11.6 At the same time, the buyer is obliged to indicate the contact details and account number in the withdrawal from the contract, to which the amount for the ordered Goods transferred by the seller is to be paid. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the contract or in connection with it. The seller is not obliged to return these payments to the buyer before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller unless the seller suggests that he collects the goods personally or through a person authorized by him.
11.7 If the Buyer withdraws from the Purchase Agreement, it is canceled from the beginning, as well as any supplementary agreement related to the Purchase Agreement from which the Buyer withdrew. It is not possible to demand any costs or other payments from the Buyer in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in paragraph § 9 par. 3, paragraph § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Service Prices, if the subject of the contract is the provision of a service and the service has been fully provided.
11.8 The Buyer bears the costs of returning the goods to the Seller or to a person authorized by the Seller to receive the goods. This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i) of the Act on Consumer Protection in Distance Selling.
11.9 The Buyer is only responsible for the decrease in the value of the goods, which occurred as a result of such handling of the Goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the Goods. The Consumer is not responsible for the decrease in the value of the Goods if the Seller has not fulfilled the obligation to inform about the Consumer’s right to withdraw from the contract according to § 3 par. 1 letter h) Act on Consumer Protection in Distance Selling.
11.10 In the event that the Buyer withdraws from the contract and delivers the Goods to the Seller that are used, damaged, or incomplete, the Buyer undertakes to pay the Seller the value by which the value of the Goods has been reduced in accordance with section § 457 of the Civil Code in the actual amount and 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 (after) warranty service of the Goods. Pursuant to this clause of the Complaints and Terms and Conditions, the Buyer is obliged to pay compensation to the Seller at most in 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 Agreement.
11.11 In accordance with sec. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the Buyer cannot withdraw from the contract, the subject of which is:
– sale of goods made according to the special requirements of the consumer, goods made to measure, or goods intended specifically for one consumer,
– sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
– sale of audio recordings, video recordings, audio-visual recordings, books, or computer software sold in protective packaging, if the consumer opened the package,
– the provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.
– the sale of goods which, after the conclusion of the contract and the acceptance of the goods from the seller to the buyer, were assembled, assembled, or used in such a way that it is not possible to return them to their original condition by the seller without expending increased effort and increased costs, e.g. folded or assembled furniture, etc.
XII. Final provisions
12.1 The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in distance selling.
12.2 The supervisory authority is the Slovak Trade Inspection.
SOI Inspectorate for the Bratislava region
Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava
Department of Supervision
tel. no. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
12.3 The Consumer has the opportunity to turn to the body for alternative resolution of consumer disputes, which is (albeit only non-binding) authorized to assess any disputes between the Consumer as an E-shop customer and the E-shop Operator.
12.4 These business and complaint conditions become effective against the Buyer upon the conclusion of the Purchase Agreement.
XIII. Applicable law
13.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the legal order of the Slovak Republic.
XIV. Efficiency
14.1 These Terms and Conditions are effective from June 1, 2023
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