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General Terms and Conditions
for e-shop www.pow.sk
I. Introductory Provisions and Definition of Terms
1.1. These General Commercial Terms and Conditions (hereinafter also the "GTC") shall govern
the legal relationship between the following company:
Trading name: Mário Harman
Registered address: 92041 Leopoldov, Záhradnícka 698/38, Slovak Republic
Entered in the register of the District Office Trnava, Sole Trader, registration No.: 250-54454
Company registration No.: 55276270
Tax registration No.: 1085920121
Bank account: SK39 0900 0000 0052 0034 1961
The Seller is not registered for VAT (value-added tax).
(hereinafter the "Seller") and any person, a Buyer, who buys goods or services offered by the
Seller on the Seller's website and who acts as a consumer, as per the provisions of the General
Commercial Terms and Conditions published on the Seller's website. These Warranty Terms and
Conditions and the relevant laws that define a consumer as per the applicable legislation of the
Slovak Republic, especially the following laws: Act No. 102/2014 Coll. on consumer protection
in relation to the sale of goods or provision of services based on distance or off-premises
contracts as amended, Act No. 250/2007 Coll. on consumer protection as amended, and Act No.
40/1964 Coll. of the Civil Code as amended.
1.1.1. The Seller's email and telephone contact number are as follows:
Email: powerofwarrior2019@gmail.com
Phone No.: +421908109914
1.1.2. The correspondence address where documents, complaints, contract withdrawals etc.
should be sent is as follows:
Mário Harman – www.pow.sk, Záhradnícka 698/38, 920 41 Leopoldov, Slovak Republic
1.2. These General Commercial Terms and Conditions regulate the legal relationship between
the Buyers, who are consumers, and the Seller.
1.3. The term e-shop is identical to the term internet retailer or website.
1.4. A Buyer is any person (natural person or legal entity) who has dispatched an order,
especially through the Seller's website, or through any other means for distance communication.
1.5. A consumer is a Buyer who is a natural person that after the conclusion of a sales contract,
through the Seller's website, does not carry out actions that might be considered to be business
activities.
1.6. The contractual relationship (and all other legal relationships which may arise from the
contractual relationship) with a Buyers who is a legal entity or natural person – entrepreneurs
who are engaged in business activity (Buyers who do not act as consumers) shall be governed by
the provisions of Act No. 513/1991 Coll. of the Commercial Code as amended.
1.7. For the purpose of these General Commercial Terms and Conditions, a distance contract
shall be understood to be a contract between the Seller and a consumer that is agreed and
concluded exclusively through one or several forms of distance communication without the
physical presence of both the Seller and consumer, particularly through a website, or other means
of distance communication.
1.8. The term Sale Contract shall include sales contracts for products or for the supply of
services, within the meaning as laid out herein.
1.9. Products (hereinafter also "Items" or "Products") are the goods or services which are offered
for sale and are published as such on the Seller's website.
1.10. The Seller is also the operator of an electronic system by operating a website on the
www.pow.sk domain.
1.11. The respective authority which supervises the field of consumer protection is:
The Inspectorate of Slovak Trade Inspection
based in Trnava for the Trnava region
Trhová 243/2 917 01 Trnava
Slovak Republic
Contact details:
Phone No.: 033/551 26 56
Email: tt@soi.sk
e-mail address for motions: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-
ziadosti/Podajte-podnet.soi
1.12. The Buyer may also lodge a complaint or motion directly with the Seller at the address
provided in 1.1.2. hereof. At the same time, the Seller recommends that the Buyer also addresses
their complaints and motions (in order to speed up its handling) to the Seller's email address:
powerofwarrior2019@gmail.com.
All complaints or motions shall be assessed by the Seller and resolved within 10 working days of
receipt. The Seller shall inform the Buyer how the complaint will be handled using the same
communication channel as that used by the Buyer to make the complaint or motion.
1.13. Pursuant to Section 3 (1) (n) of Act No. 102/2014 Coll., the Seller hereby informs the
consumer that there are no relevant special codes of conduct that the Seller has agreed to adhere
to; a code of conduct is an agreement or collection of rules which define the behaviour of a
seller, who has agreed to adhere to such a code of behaviour with regard to one or several special
business practices or commercial sectors, that as such are not stipulated by law, or any other
legal regulation or decree by a public administration authority, which the seller has agreed to
adhere to, and how the consumer may familiarise themselves with the same or access its
wording.
II. Product Order – The Conclusion of a Contract of Sale2.1. The Buyer makes a proposal for the conclusion of a contract of sale by sending an order for
products through the Seller's website, or other means of distance communication.
2.2 The conclusion of a sales contract between the Buyer and the Seller takes place at the
moment the Seller sends a confirmation of order to the Buyer which they created according to
2.1. herein (electronically to the Buyer's email address, which was selected by the Buyer in the
course of the order creation).
2.3. The sales contract is concluded for a finite period of time and shall terminate once the Seller
and Buyer meet their obligations.
2.3.1. The sales contract may also be terminated in other cases as defined by the legislation of the
Slovak Republic, for example by agreement of both parties, withdrawal from the contract by the
consumer and similar cases.
2.4. The Seller hereby informs the Buyer that if the Buyer orders products, such an order
imposed an obligation on the Buyer to pay by the payment means selected.
III. Purchase Price and Payment Conditions
3.1. The price of goods and services ordered through the Seller's website (hereinafter the "Purchase
Price") is provided for each product separately and is valid at the moment of order creation by the Buyer.
3.2. The default currency is the euro.
3.3. The Purchase Price of the goods or services listed on the Seller's website is the total price of the
goods or services including any and all taxes, which is clearly stated on the Seller's website.
3.3.1. The Purchase Price of the goods or services shall not include the transport costs or any other
expenses related to the delivery of the products.
IV. Methods of Payment
4.1. The goods and services on the Seller's website may be paid for in the following manners:
4.1.1. payment by COD – cost € 2,
4.1.2. online payment through the Global Payments payment portal – free of charge.
V. Delivery
5.1. If the Buyer selected COD as the form of payment for the order, the Seller shall fulfil the
order and deliver the products to the Buyer, at the latest within 30 days from the date the sales
contract was concluded as per 2.2. et seq. herein.
5.1.1. If the Buyer selected a different form of payment than COD, the Seller shall be obliged to
fulfil the order and deliver the products to the Buyer within 30 days of the date the sale contract
was concluded, as per 2.2. et seq. herein and the receipt of the full cost of the order by the Seller.
If both conditions stated in 5.1.1 herein are met (ergo, the sales contract was concluded and full
payment was received for the order to the Seller), the Seller shall deliver products to the Buyer
within 30 days of the date when both conditions were met.
The usual delay in the dispatch of products is 1 working day from the day of conclusion of the
sales contract or 1 working day from the date of the receipt of the full price of the order by the
Seller.
5.2. The place of delivery of the product ordered is the address stated by the Buyer in the order.
5.3. The Seller shall ensure the product is delivered to the hands of the Buyer (or a person
authorised by the Buyer to receive the product) or via a third party (transport or mail order
companies).
5.4. Delivery of the product shall be considered to be complete when it is accepted by the Buyer
(or their authorised representative).
5.5. The Seller may send to the goods which are immediately available to the Buyer and
subsequently deliver the remaining part of the order within the deadline, in accord with the
delivery deadline as stated herein, but only if no extra costs shall be incurred by the Buyer
through such actions of the Seller and only if the Buyer agrees.
5.6. The Seller shall be obliged to deliver the products to the Buyer in the quantity and quality
ordered together with the tax documents which pertain to the order along with any other
documents, if such documents exist and are typical of such products or services.
VI. Acceptance of the Product
6.1. The risk of damage to the product and liability for it shall transfer to the Buyer on
acceptance of the product, it does not matter whether the Buyer accepted the product in person
or through an authorised/empowered third person. The Seller recommends that the Buyer inspect
the order on acceptance.
6.2. The ownership right to the products shall transfer to the Buyer through the acceptance of the
products by the Buyer at the place of delivery determined by the Buyer.
6.3. The Seller has the right to receive due and timely payment of the full cost of the order from
the Buyer for the goods delivered.
VII. Delivery Cost – Method and Cost of Delivery
7.1. The method and cost of delivery of ordered products:
7.1.1. Form of delivery:
7.1.1.1. Packeta delivery service.
7.1.2. Delivery Cost:
7.1.2.1. The Seller informs the Buyer of the prices for individual forms of transport on the
Seller's website in the course of the shopping process, that being before the conclusion of the
sale contract, in the section for delivery selection, as it is not possible to calculate the delivery
cost until the delivery address is entered.
7.2. If the total price of the products in a single order made by the Buyer exceeds € 70, the cost
of any form of delivery will be € 0.
VIII. The Withdrawal of the Buyer from the Sales Contract without any Stated Reason
8.1. If the Seller has, in a due and timely manner, provided the consumer with information of
their right to withdraw from the contract under Section 3 (1) (h) of the Act No. 102/2014 Coll.,
the consumer shall be entitled to withdraw from a distance or off-premises contract without
stating any reason within 14 days from the day of:
a) the acceptance of the goods, as per 8.1.1. herein, for contracts where the subject matter is the
sale of goods,
b) the conclusion of a contract for the provision of a service, or
c) the conclusion of a contract for the provision of electronic contents not supplied on a tangible
medium.
8.1.1. The goods shall be considered to have been taken over by the consumer at the moment that
the consumer or a duly authorised third person, with the exception of the carrier, accepts all the
parts of the goods ordered, or
a) at the moment of acceptance of the last delivery of goods,, if goods that were ordered, by the
consumer, in a single order are delivered separately,
b) at the moment of acceptance of the last component or piece, if the goods are made up of
several components or pieces,
c) at the moment of acceptance of the first goods delivered, if there are repeated deliveries over a
limited period of time.
8.1.2. If the Seller has only provided the consumer with the information required under Section 3
(1) (h) of the Act No. 102/2014 Coll. as subsequently amended, but at the latest within 12
months of the commencement of the period for the withdrawal from the contract, as per 8.1. et
seq. herein, the period when withdrawal from the contract is allowed shall lapse 14 days after the
day that the Seller subsequently met its obligation to provide information.
8.1.3. If the Seller has not provided the consumer with the information required under Section 3
(1) (h) of Act No. 102/2014 as amended, even as per the requirements of 8.1.2. herein, the period
when withdrawal from the contract is allowed shall lapse after 12 months and 14 days from the
date of the commencement of the period for allowed withdrawal from the contract as per 8.1. et
seq. herein.
8.1.4. The consumer may even withdraw from a contract whose subject matter is the delivery of
goods before the commencement of the period for the allowed withdrawal from the contract.
8.2. The consumer shall, at the latest 14 days from the date of the withdrawal from the contract,
send the goods back or deliver them to the Seller or a person authorised by the Seller to accept
the goods. This shall not apply if the Seller wishes to accept the goods in person or through an
authorised person. The period of time required in the first sentence shall be considered to have
been met if the goods were submitted for transport on the last day of the period (Section 10 (1) of
Act No. 102/2014 Coll.).
8.3. Should the consumer wish to exercise this right, they are obliged to inform the Seller of their
withdrawal from the sale contract by the last day of the designated period. The period for
withdrawal from the contract shall be considered to have been met if the notice of withdrawal
was sent to the Seller, at the latest on the last day of the period, to the Seller's address, which is:
Mário Harman – www.pow.sk, Záhradnícka 698/38, 920 41 Leopoldov, Slovak Republic
The consumer may likewise exercise this right at any of the Seller's business premises.
8.4. The consumer must exercise their right of withdrawal from the contract with the Seller in
written form or in a form that is recorded on another durable medium; if the contract was
concluded orally, any unequivocally worded declaration by the consumer of their desire to
withdraw from the contract shall suffice to allow them to exercise the right of the consumer to
withdraw from the contract (hereinafter the "notice of withdrawal from the contract").
8.4.1. If the consumer withdraws from the contract, each supplementary contract related to the
contract the consumer has withdrawn from, shall likewise be terminated. It is not possible to
request any expenses or other payments from the consumer with regard to the termination of the
supplementary contract except for the compensation of expenses and payments as stated in
Section 9 (3) and Section 10 (3) of Act No. 102/2014 Coll. as amended, and the price for the
service of the subject matter of the contract is the provision of a service and the service was fully
provided.
8.5. After withdrawal from the contract both parties are obliged to return all the mutually
provided goods, services, payments or documentation provided under the contract. The consumer
is only responsible for a decrease in the value of the goods incurred as a consequence of handling
of the goods which exceeded the minimal amount of handling necessary to ensure the quality and
functionality of the goods. The consumer shall not bear any liability for a decrease in the value of
the goods if the Seller did not meet its obligation to provide information concerning the right of
the consumer to withdraw from the contract under Section (1) (h) of Act No. 102/2014 Coll.
8.6. The consumer may use the sales contract withdrawal form to withdraw from the contact
without stating any reason. This form is freely available on the Seller's website.
8.7. If the consumer withdraws from the contract as per Act No. 102/2014 Coll., they shall bear
the costs of returning the goods to the Seller under Section 10 (3) of the Act No. 102/2014 Coll.
and if they withdraw from a distance contract, they will also pay the expense for the return of the
goods which, given their nature, it is not possible to return by post. This shall not apply if the
Seller has agreed to bear the costs or if they failed to meet their obligations under Section 3 (1)
(i) of Act No. 102/2014 Coll.
8.8. Without undue delay and at the latest within 14 days of the day of delivery of the notice of
withdrawal from the contract, the Seller shall return any and all payments it has received from
the Buyer under the contract or in relation to it, including transport, delivery, postage and other
expenses and fees; this shall be without prejudice to the provisions of Section 8 (5) of the Act
No. 102/2014 Coll. on consumer protection in relation to the sales of goods or provision of
services based on distance or off-premises contracts and amending certain laws.
8.9. Pursuant to Section 9 (3) of Act No. 102/2014 Coll. as amended; the Seller shall not be
obliged to compensate the consumer for any supplementary expenses if they choose to select a
different manner of delivery than the cheapest available normal method of delivery as offered by
the Seller. Supplementary expenses shall be taken to mean the difference between the cost of
delivery selected by the consumer and the cheapest normal method of delivery as offered by the
Seller.
8.10. In the case of the withdrawal from the contract, the Seller recommends that the products be
returned by registered mail. The Seller will not accept goods that are sent by COD.
8.11. Upon withdrawal from the contract, the consumer shall only bear the expense of returning
the goods to the Seller or to a person authorised by the Seller to accept the goods. This shall not
apply if the Seller agreed to bear the cost or if they have failed to meet their obligation under
Section 3 (1) (i) of the Act on consumer protection in relation to sales of goods or provision of
services based on distance or off-premises contracts and amending certain laws.
8.12. Except for the obligations stated in paragraphs 1, 3–5 and Section 9 (3) of Act No.
102/2014 Coll., the exercise of the right of a consumer to withdraw from a contract may not
result in consumer incurring additional expenses or obligations.
8.13. The right to withdrawal from a contract shall not apply to the goods and services which are
defined in Section 7 (6) (a) to (l) of Act No. 102/2014 Coll.
Specifically:
a) the provision of service if their provision began after the express consent of the consumer and
the consumer has declared that they had been informed that by providing consent they lose the
right to withdraw from the contract after the provision of the service, if the service has been fully
completed,
b) the sale of goods or the provision of service, the price of which depends on the movement of
prices on the financial markets, over which the Seller has no control, which may take place
during the period of withdrawal from the contract,
c) the sale of goods made according to the consumer's special requirements, goods made to
measure or goods designated specifically for one consumer,
d) the sale of goods which are subject to a rapid decrease of quality or are perishable,
e) the sale of goods that are in protective packaging which it is not appropriate to return, for the
protection of health or for hygienic reasons, whose protective packaging was damaged after
delivery,
f) the sale of goods which may be, with respect to their nature, be inseparably mixed with other
goods after delivery,
g) the sale of alcoholic drinks whose price was agreed at the time of the conclusion of the
contract and whose delivery is only possible after 30 days, at the earliest, and whose price
depends on the movement of prices on the markets, over which the Seller has no control,
h) the performance of urgent repairs or maintenance which the consumer has expressly requested
from the Seller; this shall not apply to contracts for services or contracts for which the subject
matter is the sale of different goods as substitute components that were necessary to carry out the
repair or maintenance if it was completed during the Seller's visit to the consumer but the
consumer did not order these services or goods in advance,
i) the sale of audio records, video records, sound and video records or computer software sold in
protective packaging, if the consumer has removed them from the packaging,
j) the sale of periodicals with the exception of subscription sales and the sale of books not
delivered in protective packaging,
k) the provision of accommodation services for a purpose other than lodging, transportation of
goods, car rental, provision of meal services or provision of services related to free-time
activities and according to which the Seller agrees to provide these services at an agreed time or
in an agreed period,
l) the provision of electronic content other than on a tangible medium, if its provision began with
the consumer's express consent and the consumer declared they have been duly informed that by
expressing this consent they lose the right to withdraw from the contract.
8.14. In the case of withdrawal from the contract, the Seller is obliged to return the financial
payment to the consumer in the same way in that it was received from the consumer. The method
of return of payment to the consumer may only be changed with the consent of the consumer.
8.15. Upon withdrawal from a contract, the subject matter of which is the sale of goods, the
Seller is not be obliged to return payments to the consumer under Section 9 (1) of the Act No.
102/2014 Coll. before the goods have been returned to them or the consumer provides evidence
that the goods have been sent back to the Seller, unless the Seller suggests they will take the
goods in person or through an authorised person.
8.16. If the consumer withdraws from a contract for services and, before the commencement of
the provision of the service, they have granted express consent under Section 4 (6) of Act No.
102/2014 Coll. as amended, the consumer shall only be obliged to compensate the Seller for the
value of the truly provided performance up to the time of the delivery of the notice of withdrawal
from the contract. The price for the truly provided performance shall be calculated in an aliquot
manner based on the total price agreed in the contract. If the total price agreed in the contract is
overvalued, the price for the truly provided performance shall be calculated based on the market
price of the performance provided.
8.17. The consumer shall not be obliged to pay for:
8.17.1. services provided during the period of withdrawal from the contract, regardless of the
content of the performance provided, that:
8.17.1.1. the Seller did not provide information to the consumer under Section 3 (1) (h) or (j) of
Act No. 102/2014 Coll. as amended,
8.17.1.2. the consumer did not grant the Seller express consent to commence the provision of the
service under Section 4 (6) of the Act No. 102/2014 Coll. as amended.
8.17.2. fully or partially delivered electronic content which is not delivered on a tangible
medium, if:
8.17.2.1. the consumer did not grant the Seller express consent to commence the provision of
electronic content under Section 4 (8) of Act No. 102/2014 Coll. as amended,
8.17.2.2. the consumer did not declare that they had been informed that by expressing agreement
under point 1 they would lose the right to withdraw from the contract, or
8.17.2.3. the Seller did not provide the consumer with the confirmation required under Section 6
(1) or (2) (b) of Act No. 102/2014 Coll. as amended.
8.18. If, pursuant to a contract concluded off-premises, the goods were delivered to the
consumer's home at the time of conclusion of the contract and with due to its nature it is not
possible to send the goods back to the Seller by post, the Seller shall be obliged to collect the
goods at its own expenses in the period of time as specified in Section 9 (1) of Act No. 102/2014
Coll. as amended.
8.19. The Seller informs the Buyer that, if under a contract for services, the provision of the
service is to commence before the lapse of the period when withdrawal from the contract is
allowed or if the Buyer requests the provision of the service before the lapse of the period for the
allowable withdrawal from the contract:
8.19.1. By granting consent for the commencement of the provision of the service before the
lapse of the period when withdrawal from the contract is allowed, the Buyer loses the right to
withdraw from the contract after the complete provision of the service.
8.19.2. The Seller must have the Buyer's express consent for the commencement of the provision
of the service before the lapse of the period of allowable withdrawal from the contract and a
declaration that the consumer was duly instructed as per 8.19.1. herein.
IX. Alternative Dispute Resolution
9.1. If the consumer is not content with the manner in which the Seller handled their complaint
or believes that the Seller has violated their rights, the Buyer has the right to provide the Seller
with a request for correction. If the Seller responds rejects this request for correction or fails to
respond to within 30 days of the date the request was sent, the consumer has the right to lodge a
proposal for commencement of alternative dispute resolution under the provisions of Section 12
of Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and amending
certain laws as amended. The relevant authority for the alternative resolution of consumer
disputes with the Seller is The Inspectorate of Slovak Trade Inspection (their contact details may
be found on https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another
relevant authorised legal entity registered in the list of entities for alternative dispute resolution
maintained by the Ministry of Economy of the Slovak Republic (the list is available
on https://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 Buyer has the right to choose which of the above entities for alternative dispute resolution
they wish to turn to. To lodge a proposal for the alternative resolution of a consumer dispute, the
Buyer may use the online dispute resolution platform, which is available at
https://ec.europa.eu/consumers/odr/, or directly on the website
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Only a
Buyer which has acted as a consumer in concluding and performing a contract may use
alternative dispute resolution. Alternative dispute resolution only applies to a dispute between a
consumer and the Seller, arising from the consumer contract or related thereto. Alternative
dispute resolution only applies to distance contracts. The entity of alternative dispute resolution
may reject the proposal if the calculated value of the dispute does not exceed € 20. The entity of
alternative dispute resolution may request the payment of a fee, not exceeding € 5 including
VAT, from the consumer for the process of alternative dispute resolution.
All other information related to alternative dispute resolution between the Seller and a Buyer,
who is a consumer, that arises from a consumer sales contract or is related to one can be found
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 amending certain
laws as amended.
X. Supplementary Provisions
10.1. Under Section 10 (2) of Act No. 102/2014 Coll. as amended, the consumer is entitled to
refuse to return the goods they acquired under a contract concluded during a sales event or
related thereto, until such time as the Seller returns the price paid or an advance payment for the
goods or service to the consumer.
A sales event is an event organised by invitation or information addressed to the consumer
the subject matter of which is specifically the sale of goods or provision of services which
take place within 15 working days after the event where a contract with the consumer is
concluded.
XI. Final Provisions
11.1. The Seller reserves the right to amend the General Commercial Terms and Conditions. The
obligation to provide written notification of a change to the General Commercial Terms and
Conditions shall be met by placing notice thereof on the Seller's website. In the case of a change
to the General Commercial Terms and Conditions, the relationship between the Buyer and the
Seller shall be governed by the General Commercial Terms and Conditions in force and effect
upon the conclusion of the sale contract.
11.2. In addition to the general provisions of Act No. 40/1964 Coll. of the Civic Code as
amended, special regulations also apply to the contractual relationships (as well as other legal
relationships which may arise from the contractual relationship) with natural persons that do not
act within the scope of business activities when concluding a sales contract hereunder
(consumers), especially Act No. 102/2014 Coll. on consumer protection in relation to sales of
goods or provision of services based on distance or off-premises contracts and Act No. 250/2007
Coll. on consumer protection.
12.3. These General Commercial Terms and Conditions form an integral part of the Warranty
Terms and Conditions and the Principles of and Instructions concerning the Personal Data
Protection of this Website. The documents – Warranty Terms and Conditions and the Principles
of and Instruction concerning Personal Data Protection of this Website – are published on the
Seller's website.
13.4. These General Commercial Terms and Conditions shall come into force and effect by their
publication on the Seller's website on 21 st April 2023.
This e-shop is certified by https://www.pravoeshopov.sk.