​​​ARTICLE 4 – Order and conclusion of the purchase contract

​

The Buyer's costs related to the use of distance communication means in connection with the conclusion of the purchase contract are borne by the Buyer.

​

If you are interested in a Gift Voucher, you can purchase it in person or order it by phone, email or online at facefitness.sk.

Select the desired value of the Gift Voucher in euros (this value is also the price of one Gift Voucher) and, if applicable, the number of Gift Vouchers in the value you have chosen.

​

The condition for sending each order is to enter all mandatory data and confirm that you have read and agree to these general terms and conditions before sending it. Only then can you proceed to send the order.

​

If the order was sent correctly, we will inform you immediately after sending it about the receipt of the order. A confirmation of receipt of the order and a unique gift voucher code will also be delivered to your e-mail address. The moment of its delivery is the moment of acceptance of the order (i.e. acceptance of your proposal to conclude a purchase contract).

 

At this moment, a purchase contract is concluded between the Buyer and the Seller. The attachment to the e-mail with the confirmation of receipt of the order is these general terms and conditions as amended on the date of receipt of the order, including their attachments, and an electronic invoice (in PDF format).

All orders that we confirm are binding. You can cancel your order (by phone or email, using the contact details specified in Article 1) until you receive confirmation of receipt of the order.

​

ARTICLE 5 – Payment terms, Delivery of the Voucher, Costs associated with the delivery of the Voucher

​

5.1 You can purchase the Voucher in cash at the store or make a payment by bank transfer based on the invoice issued.

Ownership of the Voucher passes to the Buyer at the moment of full payment of the purchase price for the Voucher; if the Buyer pays the full purchase price for the ordered Voucher before its delivery, the ownership right passes to him at the moment of its delivery.

​

5.3 The costs related to the use of remote communication means when delivering the Voucher to the e-mail box are borne by the Buyer.

​

ARTICLE 6 – Liability for defects, Warranty period, Complaints procedure

​

We are liable for defects that the Voucher has when it is taken over by the Buyer and for defects that occur after the Voucher is taken over during the warranty period (warranty). The warranty period of the Voucher is 24 months and begins to run from the time the Voucher is taken over by the Buyer (delivery of the Voucher). The provisions of Sections 622 and 623 of Act No. 40/1964 Coll., Civil Code, shall apply mutatis mutandis to liability for defects in the Voucher.

​

If, when purchasing a Voucher, we offer you another free item (gift) with the Voucher sold, it is up to you whether you accept the offered item (gift). However, a free item (gift) is not a sold Voucher, therefore we are not responsible for its possible defects (our liability for defects does not apply to this item).

​

You can exercise your rights from liability for defects of the Voucher:

a) in person at our establishment at Kupecká 16, 94901 Nitra

b) by e-mail at the e-mail address: info@waaui.com.

You can exercise your rights from liability for defects (complaint) only during the warranty period. When making a complaint, you are obliged to submit or send together with the defective Voucher a properly (according to the pre-printed form) completed complaint form (see Appendix 1) and a copy of the voucher purchase receipt:

- in printed form to the address specified in letter a) above, or

- in electronic form (in JPG, DOC, PDF format) to the e-mail address specified in letter b) above.

​

Based on your decision, which of your rights you are exercising (after your prior instruction), we will determine the method of handling the complaint immediately, in complex cases no later than three (3) business days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the Voucher is required, no later than thirty (30) days from the date of filing the complaint. After determining the method of handling the complaint, the complaint will be handled immediately, in justified cases the complaint may be handled later. However, the handling of the complaint may not last longer than thirty (30) days from the date of filing the complaint (the day of delivery of the defective Voucher to the Seller). After the period for handling the complaint has expired in vain, you have the right to withdraw from the contract or you have the right to exchange the Voucher for a new one.

​

When you make a complaint, we will issue you with a confirmation of this fact (which is a copy or duplicate of the complaint form). If you exercise your rights under liability for defects in the Voucher under letter a) above (in person), the complaint form will be completed and you will be issued with a confirmed copy (duplicate) of it directly at the store. If you exercise your rights under liability for defects in the Voucher under letter b) above, we will deliver you a confirmed complaint form without undue delay after receiving the defective Voucher, but at the latest together with proof of the complaint settlement, and if you provide an e-mail address in the complaint form, you will receive a confirmation, including a notification of the complaint settlement

 

ARTICLE 7 – Withdrawal from the contract

​

The consumer has the right to withdraw from the contract concluded through an online order within fourteen (14) days from the receipt of the Voucher, even without giving a reason. For the purposes of withdrawal from the contract, the Voucher is considered to have been received at the moment of its delivery to the e-mail address (to the recipient's e-mail box) specified by the Buyer in the order form (it is not decisive for delivery whether the recipient opened the e-mail or whether he became familiar with its content).

The consumer may withdraw from the contract even before the withdrawal period begins.

​

The consumer is not entitled to withdraw from the contract in the cases specified in Section 7, paragraph 6 of Act No. 102/2014 Coll. (you can view the text of the provision here: https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2014/102/20190101).

​

You can exercise your right to withdraw from the contract in paper form or in the form of a record on another durable medium (e.g. by e-mail). To withdraw from the contract, you can use the sample form, which is Appendix No. 2 to these general terms and conditions. We ask you to always enclose proof of purchase of the Voucher (copy of the invoice) with the withdrawal from the contract. Please send your withdrawal from the contract to us at:

- the address of our registered office specified in Article 1 or

- by e-mail to the email address: info@waaui.com.

​

If you decide to use our sample form to withdraw from the contract, we will send you a confirmation of its receipt.

The withdrawal period is deemed to have been met if you send your notice of withdrawal no later than the last day of the period.

As a result of withdrawal, you will be reimbursed for all payments we have received from you under the purchase contract from which you are withdrawing, i.e. the purchase price, no later than fourteen (14) days from the date of receipt of your notice of withdrawal. The same payment method used for your payment for the Voucher will be used for the refund, unless we agree on a different method of refund (without charging any additional fees).

​

By withdrawing from the contract, the Voucher becomes invalid. Due to the nature of the Voucher (electronic form), its return to the Seller is not required. The Buyer therefore does not incur any costs for its return.

 

ARTICLE 8 – Out-of-court dispute resolution; complaints and suggestions

​

If you are not satisfied with the way we have handled your complaint or if you believe that we have violated your rights, you may contact us with a request for redress (by email to: info@waaui.com). If we respond negatively to this request or do not respond to it within thirty (30) days of its sending, you have the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity pursuant to Section 3 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts (hereinafter also the “ADR Act”); The list of alternative dispute resolution entities is published on the website of the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1).

​

You can submit a proposal to initiate alternative dispute resolution in written form, electronically or orally in the minutes. To submit a proposal, you can use the form that is also available on the website of the Ministry of Economy of the Slovak Republic and each alternative dispute resolution entity. You can also submit a proposal to initiate alternative dispute resolution via the following online alternative dispute resolution platform - the platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

​

Alternative dispute resolution is the procedure of an alternative dispute resolution entity under the ADR Act, the aim of which is to achieve an amicable resolution of the dispute between the parties to the dispute. Alternative dispute resolution only concerns a dispute between the Consumer and the Seller, arising from a consumer contract or related to a consumer contract. Alternative dispute resolution by alternative dispute resolution bodies is free of charge. The alternative dispute resolution entity may request the consumer to pay a fee for initiating alternative dispute resolution up to a maximum of EUR 5, including VAT. The costs associated with alternative dispute resolution are borne by each party to the dispute separately without the possibility of reimbursement.

​

If, after a thorough assessment of all the facts established and the statements of the parties to the dispute, it is clear that the parties to the dispute are interested in an amicable resolution of the dispute, the alternative dispute resolution entity will prepare a draft agreement on dispute resolution. The agreement that arises as a result of alternative dispute resolution is binding on the parties to the dispute; the possibility of the parties to the dispute to go to court in the same matter is not affected. If no agreement is reached between the parties to the dispute and the alternative dispute resolution entity, based on the facts it finds during the alternative dispute resolution, comes to a reasoned conclusion that the Seller has violated the Buyer's rights under the relevant legal regulations for the protection of Consumer rights, it will terminate the alternative dispute resolution by issuing a non-binding reasoned opinion.

​

In the event of differences of opinion with our customers, we always try to find an amicable solution. If you are not satisfied with any of our offers or our procedure, please send us your question, suggestion or complaint in writing (to the Seller's registered office address specified in Article I above) or to the email address: info@waaui.com.

​

ARTICLE 9 – Final Provisions

​

These general terms and conditions are an integral part of the purchase contract concluded between the Seller and the Buyer and are binding on both parties. Legal relations established by the purchase contract will be governed by the provisions of the purchase contract (i.e. the binding order and order confirmation, or individually agreed terms), the provisions of these general terms and conditions and the relevant legal regulations. The provisions of the purchase contract take precedence over the provisions of these general terms and conditions and the dispositive provisions of generally binding legal regulations. The Seller and the Buyer have agreed that the legal relations established by the purchase contract, which contains an international element, are subject to the law of the Slovak Republic and the resolution of any disputes arising from these relations falls within the jurisdiction of the courts of the Slovak Republic.

​

The Seller reserves the right to unilaterally amend or supplement these general terms and conditions. Any amendments to these general terms and conditions shall enter into force on the date of their publication on the website www.waaui.com. Legal relations arising from the purchase contract are always governed by the general terms and conditions effective at the time of the binding order of the Voucher.

​

​

These terms and conditions are valid and effective from 1. January 2021.