Legal notice

General Terms & Conditions of the online store www.lernitoys.eu

Establishing the commercial terms between the operator/seller/supplier on the one hand and the customer/buyer on the other hand.

Art. 1 Introductory Provision

1.1 These General Terms and Conditions (hereinafter referred to as "GT&C") are contractual terms within the meaning of Section 273 of Act No. 513/1991 Coll. Commercial Code as amended (hereinafter referred to as the "Commercial Code") for legally binding relationships concluded between the company: Lerni s.r.o., Kupeckého 33 as the supplier of goods and a physical and/or legal person as the customer and they are an integral part of:

a) purchase contract,
b) contract for work, or
c) unnamed contract, i.e. one that is not expressly regulated as a type of contract in statutory provisions, but the contracting parties sufficiently specify the subject matter of their obligations,

concluded between the supplier and the customer listed below in these GT&Cs.

(The contract types listed in point 1.1 letters a), b), c) are also referred to as "contracts" hereinafter.)

1.2 Lerni s.r.o, Kupeckého 33, 040 11 Košice, ID: 47 802 278, appears primarily in contractual relationships as a seller, supplier, and contractor and is further referred to as the "supplier" in these General Terms and Conditions (GT&C).

1.3 The second contracting party — a natural person and/or legal entity appearing primarily on the buyer's or ordering party's side — is referred to as the "buyer" in the GT&C.

1.4 For the purposes of these GT&C, the buyer and the supplier are further referred to as the "parties".

1.5 The buyer orders goods from the supplier through an order delivered to the supplier via an e-shop, email, or by phone, thereby submitting a proposal for a contract. The order must include the billing and delivery address, mobile phone contact, precise code, name, and quantity of the goods (hereinafter referred to as the "order").

1.6 The binding acceptance of the order by the supplier is the written or email confirmation of the order by the supplier, the content of which clearly shows the supplier's intention to be bound by the order (hereinafter referred to as the "order confirmation"). The order's acceptance is effective when delivered to the buyer.

1.7 Conclusion of the contract — the contract becomes valid and effective on the day of the supplier's binding confirmation of the order (hereinafter referred to as the "conclusion of the contract").

1.8 Goods are movable items or a shipment or work specified in the order (hereinafter referred to as the "goods").

1.9 The place of delivery of the goods is the supplier's registered office unless the parties agree otherwise on the place of delivery (hereinafter referred to as the "place of delivery").

1.10 The buyer undertakes to ensure that orders, contract conclusion, negotiation of contractual terms, and acceptance of goods on their behalf are carried out only by authorised persons; in the event of a breach of this obligation, the supplier is entitled to seek compensation for damages from the buyer resulting from such conduct. Any employee/worker of the buyer or person using the buyer's communication tools (email, telephone) or the buyer's stamp is considered an authorised person. To avoid doubt, these entities are considered a person authorised to act on behalf of and for the buyer under Section 15 or 16 of the Commercial Code.

1.11 All orders received by the supplier are binding. The buyer may cancel the order until the supplier receives a notification of acceptance. The buyer may cancel the order by phone at the supplier's phone number or email address provided in these terms and conditions or on the supplier's website.

1.12 In the event of an apparent technical error on the part of the supplier in stating the price of the goods in the online store or during the ordering process, the supplier is not obliged to supply the goods to the buyer for this incorrect price, even if an automatic confirmation of receipt of the order was sent to the buyer in accordance with these terms and conditions. The supplier shall inform the buyer of the error without undue delay and shall send the buyer a revised offer to their email address. The revised offer shall be considered a new proposal for a purchase contract. The purchase contract shall be concluded upon the buyer's confirmation of acceptance to the supplier's email address.

1.13 The supplier reserves the right to cancel the order of goods if it is unable to deliver due to unavailability (sold out, withdrawn from offer, etc.) or if, despite making every effort, the supplier is unable to deliver the goods within the agreed deadline or price, or if the provision of the goods would cause the supplier unreasonable difficulties and expenses in proportion to the value of the ordered goods. The supplier is entitled to cancel the order, i.e. withdraw from the contract, only if an agreement on alternative performance has not been reached with the buyer. The supplier is obliged to promptly inform the buyer of the order cancellation by telephone or email. If the buyer has paid the purchase price or part thereof before cancelling the order, the supplier undertakes to refund the entire amount received to the buyer within 14 days to the account from which the purchase price was paid unless otherwise agreed by the parties.

Article 2 Sales Prices and Payment Terms

2.1 The buyer undertakes to pay the price for the goods correctly and on time, with the price for the goods based on the supplier's catalogue prices or the price agreed upon in the contract. All prices in the catalogue are valid until a new catalogue is issued and include VAT. Likewise, all prices listed in the e-shop (on the supplier's website) include VAT unless otherwise stated.

2.2 All prices are quoted without additional charges, mainly shipping charges, packaging of the goods, or any special requests from the buyer. In the event of billing for the cost of delivery, packaging, or any other costs, these will be specified separately upon creating the order.

2.3 If the buyer is a kindergarten, elementary school, or other state organisation, the supplier may also supply the goods without advance payment, i.e. "on the invoice," with a maximum payment term of 14 days.

2.4 If the contractual parties do not agree otherwise and if the buyer is a private individual, legal entity, or other non-state organisation, the supplier will only deliver the ordered goods after payment of the entire purchase price and any additional costs. The payment method will always be specified upon the binding acceptance of the order.

2.5 The financial obligation of the buyer shall be deemed fulfilled at the moment of the transfer of funds to the supplier's bank account.

2.6 The supplier sends invoices by email to the email address specified in the order and/or by mail to the buyer's address specified in the order.

Article 3 Rights and Obligations of the Supplier and the Buyer

3.1 The buyer is obliged to take over the ordered goods. Otherwise, the buyer undertakes to pay all the costs of the supplier arising from the goods' non-delivery and their return to the supplier. This does not apply if the buyer discovers damage to the goods upon receipt.

3.2 The supplier is not responsible for damage to the product packaging if this damage was caused during transport by the carrier. The buyer has the right to check the condition of the goods and, in the event of damage, to record the damage in the presence of the carrier, which serves as the basis for the buyer's complaint about the goods. The buyer has the right not to accept visibly damaged shipments. By signing the bill of lading, the buyer agrees to accept the shipment and confirms that it arrived without visible damage.

3.3 The supplier undertakes to deliver the ordered goods correctly and on time.

Article 4 Delivery Terms

4.1 The goods are delivered on the day of receipt by the buyer. If the supplier arranges the delivery according to the buyer's order, the goods are considered delivered at the time when they are handed over to the buyer by the carrier. The buyer usually confirms receipt of the goods to the carrier on the delivery note, and from this moment on, the buyer can dispose of the goods.

4.2 The risk of damage to the goods passes from the supplier to the buyer upon receipt of the goods by the buyer at the place designated by the buyer in the order. In transporting the goods through a third party — a carrier — the risk of damage passes from the supplier to the buyer at the moment of delivery of the goods to the buyer. Damage to the goods that occurred after the risk has passed to the buyer does not affect the buyer's obligation to pay the agreed purchase price.

4.3 Orders are processed within 5 to approximately 30 business days. The delivery time is always approximate. When working with forwarding companies, it is necessary to add 1–2 days to the delivery time as stated on the websites of the forwarding companies.

4.4 When cash-on-delivery payment is available, a cash-on-delivery fee of €1.00 including VAT is automatically added. This fee is separately stated in the text of the order.

4.5 The supplier is obliged to indicate the estimated delivery time for each product. If the supplier, after receiving the order, cannot meet the declared delivery time, the supplier is obliged to immediately inform the buyer about the temporary unavailability of the ordered goods. If the buyer expresses written or verbal disagreement with such a prolonged delivery deadline, the buyer has the right to cancel the order without any cancellation penalties.

Article 5 Retention of Title

The buyer acknowledges that, according to these terms and conditions, the parties have agreed that ownership of the delivered goods shall pass to the buyer only upon full payment. Until then, the seller remains the exclusive owner of the goods, and they are only entrusted to the buyer. The buyer is obliged to ensure the effectiveness of this reservation of ownership against third parties and to notify them of the reservation of ownership in an appropriate manner. In the event of a breach of this obligation, the buyer is liable to the seller for any resulting damages. The buyer accepts this method of acquiring ownership of the goods and declares that they are aware of all legal consequences related to the reservation of ownership.

Article 6 Liability for Defects and Complaint Procedure

6.1 The supplier declares that the goods will be:

a) fit for the purpose agreed in the contract and for the purpose that is usual for the goods,
b) new and will maintain the properties agreed in the contract and the properties usual with regard to its use.

6.2 The supplier provides a warranty for the delivered goods for a period of 24 months from the date of acceptance of the goods at the location specified by the buyer in the order.

6.3 The buyer is entitled to notify the supplier in writing of any hidden defects in the goods within 24 hours of discovering the defect in the goods.

6.4 A warranty claim is a claim in which it is evident that the damage did not occur due to improper or unreasonable handling, which means: the use of the product for purposes other than those intended, excessive force exerted on the product, improper installation, or improper handling of the product.

6.5 The buyer is obliged to notify the supplier in writing of any quantitative deficiencies in the delivered goods immediately but no later than three working days from the delivery of the goods. Otherwise, the buyer has the right to claim only hidden defects in the goods.

6.6 The warranty does not apply to mechanical damage to the products or damage caused by improper use or installation.

6.7 In order to make a complaint, the buyer is obliged to deliver a written complaint personally, in writing, or by electronic mail to the supplier, which must contain the following information:

• the person submitting the complaint (name, surname, permanent address),
• the subject of the complaint or what the buyer is seeking (name and code of the product, date of purchase, invoice or delivery note number, description of the claimed defect with a detailed description, and possibly a photograph showing the fault),
• the addressee of the complaint,
• the date of submission of the complaint,
• the signature of the buyer or the signature of an authorised person together with a power of attorney.

6.8 Based on this written notice, a specialist from our company will contact you and agree with you on further steps. The supplier may request the buyer to provide photo documentation of the advertised goods at any time.

6.9 Advertised or returned goods cannot be sent to the supplier cash on delivery unless the supplier gives the buyer written consent.

6.10 The procedure for handling complaints is specified in the Complaints Procedure, which is available on the supplier's website here: https://www.lerni.sk/pages/reklamacny-poriadok/

Article 7 Security and Protection of Information

The supplier processes personal data in accordance with applicable regulations, especially in compliance with EU regulation GDPR and Act No. 18/2018 Coll. on the Protection of Personal Data. Detailed information about personal data, their processing, protection, and your rights can be found on the supplier's website here: https://www.lerni.sk/pages/ochrana-osobnych-udajov/

Article 8 Information on the Consumer's Possibility to Turn to an Alternative Dispute Resolution Entity

8.1 Dear customer, as a consumer, you have the right to contact us (as the supplier) with a request for redress if you are not satisfied with how we have handled your complaint or believe that we have violated your rights.

8.2 If we respond to your request mentioned above for redress negatively or do not respond to it within 30 days from the date of its submission, you have the right to submit a proposal for initiating alternative dispute resolution to the alternative dispute resolution entity.

8.3 Definitions for this article of the terms and conditions and the purposes of alternative dispute resolution:

1. a consumer is a natural person who does not act in the course of their business, employment or profession when concluding and performing a consumer contract,
2. a seller is a person who acts in the course of their business or profession when concluding and performing a consumer contract, or a person acting on its behalf or for its account,
3. alternative dispute resolution is a procedure of an alternative dispute resolution entity under the law, the aim of which is to achieve an amicable settlement of the dispute between the parties to the conflict,
4. the parties to the dispute are the consumer who submitted a proposal for initiating alternative dispute resolution and the seller against whom the proposal is directed,
5. the alternative dispute resolution authority is the Slovak Trade Inspection,
6. the subjects of alternative dispute resolution are the alternative dispute resolution authority mentioned above and further authorised legal entities registered in the list of alternative dispute resolution subjects maintained by the Ministry of Economy of the Slovak Republic. The current list can be found at: http://www.mhsr.sk/.

8.4 The consumer has the right to contact the seller with a request for remedy if they are not satisfied with how the seller handled their complaint or believe that the seller violated their rights.

8.5 The consumer has the right to submit a proposal for alternative dispute resolution (hereinafter referred to as "proposal") to the alternative dispute resolution subject if the seller has responded negatively to the request under paragraph 8.4 or has not responded to it within 30 days from the date of its dispatch.

8.6 The consumer submits the proposal to the relevant alternative dispute resolution subject; the option to turn to the court is unaffected.

8.7 If several alternative dispute resolution subjects are competent for alternative dispute resolution, the consumer has the right to choose which one to submit the proposal to. The provisions of the contract which obligate the consumer to submit the proposal to a pre-designated alternative dispute resolution subject shall not be considered.

8.8 The proposal must contain the following:

1. First name and surname of the consumer, delivery address, email address and phone contact, if available,
2. The exact identification of the seller,
3. Complete and understandable description of the essential facts,
4. Identification of what the consumer is seeking,
5. Date when the consumer contacted the seller with a request for remedy and information that an attempt to resolve the dispute directly with the seller was unsuccessful,
6. A statement that no identical proposal for alternative dispute resolution has been submitted to another entity, no court or arbitration court has decided on the matter, no mediation agreement has been concluded in the issue, and no alternative dispute resolution has been terminated in a manner specified in § 20 (1) (a) to (e) of Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and amending certain acts.

8.9 The consumer shall attach documents related to the subject matter of the dispute to the proposal, which prove the facts stated in the proposal.

8.10 The proposal can be submitted in written, electronic or oral form. The consumer may use a form whose template is annexed to Act No. 391/2015 and available on the Ministry of Economy of the Slovak Republic website and each entity for alternative dispute resolution.

8.11 Further information on alternative dispute resolution is provided in Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and amending certain acts. Further information can also be obtained at any SOI inspectorate or from entities for alternative dispute resolution listed in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic.

8.12 The platform for alternative dispute resolution through which the consumer can submit a proposal to initiate alternative dispute resolution is available at: https://ec.europa.eu/consumers/odr/

8.13 The seller is authorised to sell goods based on a trade license. The competent trade authority performs trade control within its scope of competence. The Slovak Trade Inspection Authority carries out, among other things, supervision of compliance with the Consumer Protection Act and the Act on Consumer Protection in Distance Selling.

Article 9 Special Provisions

9.1 The provisions of the Commercial Code govern relationships not regulated by these Terms and Conditions in case the buyers are entrepreneurs, business entities, state institutions, subsidy organisations, or non-state organisations whose founders are state institutions.

9.2 In the case where a buyer is a natural person who is considered a consumer, legal relationships with the supplier are governed by these Terms and Conditions, and legal relationships not regulated by these Terms and Conditions or provisions that conflict with the Civil Code shall be governed exclusively by the Civil Code and valid and effective laws on consumer protection, particularly Act No. 250/2007 Coll. on consumer protection and Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises.

9.3 The catalogue is not a price offer; it serves only as promotional material for the supplier.

Article 10 Final Provisions

10.1 Unless otherwise specified, these General Terms and Conditions of Sale are valid from the day of their publication on the supplier's website.

10.2 The buyer reserves the right to unilaterally change these General Terms and Conditions of Sale.

10.3 Deviating agreements in the contract take precedence over the wording of these General Terms and Conditions of Sale.

10.4 Delivery: an order, order confirmation or other written communication under these General Terms and Conditions of Sale is deemed to have been delivered to the other contracting party:

a) when using email — on the day of sending, if the message was not returned as undeliverable;
b) upon personal delivery — at the moment of receipt or refusal to accept the shipment;
c) when sent by mail or courier — to the address indicated in the relevant registry or to the last known address on the day it is received by the recipient or returned by the deliverer to the sender as unclaimed within the delivery period or with a note stating that the recipient is unknown or unavailable.

10.5 By sending an order, the customer agrees to these suppliers' terms and conditions, which become binding for the customer on the day the supplier confirms the order. In case of any discrepancy between the order and these GT&C, what was agreed in writing in the order shall prevail.

10.6 The supplier reserves the right to introduce technical and colour deviations in the products. Therefore, delivered products and photographs in the catalogue may differ.

10.7 The supplier is not responsible for printing errors.

Article 11 Information on the Consumer's Right to Withdraw from the Agreement Without Giving a Reason

Dear customers,

By Section 7 of Act No. 102/2014 Coll., on Consumer Protection in the Sale of Goods or the Provision of Services Based on a Distance Contract or an Off-Premises Contract, you have the right to withdraw from this agreement without giving a reason within a period of 14 days. Lerni s.r.o. allows you to withdraw from this agreement without providing a reason within 100 days, which is beyond the statutory requirement. The period for withdrawal from the contract will expire after 100 days from the day you or a third party designated by you, other than the carrier, takes possession of the goods.

When exercising the right to withdraw from the agreement, please inform us of your decision to withdraw from this agreement using a clear statement sent to the address of our registered office indicated in the header of this document. For this purpose, you can use the sample withdrawal form available at this link: withdrawal form.

The deadline for withdrawal from the agreement is maintained if you send us a notice of exercising the right to withdraw from the contract before the expiry of the deadline for withdrawal from the agreement.

After withdrawing from the agreement, we will refund all payments you made to us in connection with the conclusion of the contract, including the purchase price and the costs of delivering the goods to you. This does not apply to additional costs if you choose a different delivery method than our cheapest standard. Payments will be refunded to you without undue delay, within 14 days from the day we receive your notice of withdrawal from this agreement and the returned goods. The refund will be made using the same means of payment that you used for the initial transaction unless you have expressly agreed otherwise and without any additional fees.

Payment for the purchased goods will be made only after the returned goods have been delivered to the address of our registered office indicated in the header of this document or after the document proving the dispatch of the goods has been submitted, whichever occurs earlier.

Send or bring the goods to the address of our registered office indicated in the header of this document within 14 days from the date of exercising the right to withdraw from the agreement. The deadline is considered to be met if you send the goods before the expiration of the 14 days.

You bear the direct costs of returning the goods.

You are responsible for any reduction in the value of the goods resulting from handling them in a way other than what is necessary to ascertain the goods' nature, characteristics, and functioning.

Lerni s.r.o.