Terms & Conditions Page Content

Terms and Conditions
I. Introductory Provisions and Definition of Terms

These General Terms and Conditions (hereinafter referred to as the "GTC") govern the legal relations between the company
Business Name: Fishing Haven s.r.o.
Registered Office: Kopčianska 89, 851 01 Bratislava - Petržalka District
Registered in the Commercial Register: Commercial Register of the District Court of Bratislava III, section: Sro, entry no. 182365/B
Company ID: 56572042
Tax ID: 2122353640
VAT ID: - - - - - - - - -- - - -
Bank Account: SK9811000000002941182300
The Seller is a VAT payer (Value Added Tax) (hereinafter referred to as the "Seller") and any person who is the Buyer of goods or services offered by the Seller in the Seller's online store and who acts as a consumer as defined by the relevant provisions of these General Terms and Conditions and applicable consumer protection laws in the Slovak Republic, particularly the following laws: Act No. 102/2014 Coll. on Consumer Protection when Selling Goods or Providing Services Under Distance Contracts or Contracts Concluded Outside the Seller's Premises, as amended; Act No. 250/2007 Coll. on Consumer Protection, as amended; Act No. 22/2004 Coll. on Electronic Commerce, as amended; Act No. 40/1964 Coll. Civil Code, as amended; Act No. 250/2007 Coll. on Consumer Protection, as amended.

1.1. Email and telephone contact for the Seller are:
Email: info@fishinghaven.net
Phone number: - - - - - - -
1.1.1. Address for sending documents, complaints, withdrawal from contracts, etc. is:
Kopčianska 89, 851 01 Bratislava - Petržalka District

1.2. These General Terms and Conditions regulate the legal relations between Buyers who are consumers and the Seller.

2. A Buyer is any person (either a natural or legal person) who sends an order via the electronic order form using the Seller's website or by other remote communication means.
   2.1. A consumer is a Buyer who is a natural person and who, when entering into a purchase agreement through the Seller's online store, does not act within the scope of their business activity.
   2.2. The contractual relations (as well as other legal relations that may arise from the contractual relationship) with Buyers who are legal entities or individuals acting in the course of their business activity (Buyers who do not act as consumers) are governed by Act No. 513/1991 Coll. the Commercial Code as amended.
   2.3. A distance contract, for the purposes of these General Terms and Conditions, means a contract between the Seller and the consumer concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, particularly using the website or other remote communication means.

3. Products (hereinafter also "Items") are goods or services intended for sale and published in the Seller's online store.

4. The Seller is also the operator of the electronic system through which the online store operates on the domain name fishinghaven.net (hereinafter also "Online Store").

5. The competent authority supervising the legality of consumer protection is:
   SOI Inspectorate for the Bratislava Region
   Bajkalská 21/A, P.O. BOX No. 5,
   820 07 Bratislava
   Supervision Department
   Phone: 02/58 27 21 72, 02/58 27 21 04
   Fax: 02/58 27 21 70

Web link for submitting complaints: https://www.soi.sk/

6. Complaints or suggestions from Buyers can also be addressed directly to the Seller at the address. The Seller recommends that Buyers send complaints and suggestions (for quicker handling) to the Seller's email: info@fishinghaven.net.
   Any complaint or suggestion will be considered and handled by the Seller within 10 working days of receipt. The Seller will inform the Buyer of the resolution using the same form of communication that the Buyer used to submit the complaint or suggestion.

7. According to §3, para. 1, letter n) of Act No. 102/2014 Coll., the Seller informs the consumer that there are no special applicable codes of conduct to which the Seller is committed, which define the behavior of the Seller towards specific commercial practices or sectors, unless established by law, other legal regulations, or measures of public authorities.

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II. Product Order - Conclusion of the Purchase Agreement

1. The offer to conclude the purchase agreement by the Buyer is sending an order for products by the Buyer via the electronic order form using the Seller’s website or other remote communication means.
2. The purchase agreement between the Buyer and the Seller is concluded upon confirmation of the Buyer’s order, which the Buyer has created according to Article II, point 1 of these GTC, by the Seller, who sends confirmation (electronically to the Buyer’s email address) about the receipt of the order.
   Note on points 1 and 2 - The contract is concluded when the customer selects and orders goods, with the customer’s order considered as the proposal for the contract. When the seller sends the confirming email, the contract is concluded.
3. The purchase agreement is concluded for a specific period and terminates, primarily upon fulfillment of all obligations by both the Seller and the Buyer.
   3.1. The purchase agreement may also terminate in other cases defined by the legal order of the Slovak Republic, particularly through mutual agreement of the parties or withdrawal from the contract by the consumer.
4. The Seller informs the Buyer that when ordering products, the order is associated with a payment obligation for the Buyer, and the Buyer must pay using the payment method they have selected.

III. Purchase Price and Payment Terms

1. The price of the goods and services ordered through the Online Store (hereinafter referred to as the "purchase price") is listed separately for each product and is valid at the moment the order is created by the Buyer.
2. The basic currency is the Euro.
3. The purchase price of the goods or services listed in the Seller's online store is the total price of the goods or services including value-added tax (VAT) and all other taxes, and is clearly stated in the Seller's online store. The purchase price of the goods or services does not include shipping costs or other costs related to product delivery. The Seller is a VAT payer.
4. Forms of delivery and information about delivery methods are provided in Article VII, point 2 and the following of these GTC.
5. Payment methods and information about the forms of payment are provided in Article IV, point 1 and the following of these GTC.

IV. Payment Methods

1. You can pay for goods and services in the Seller's Online Store using the following methods:
   1.1. Cash on delivery, upon receiving the goods (according to the delivery provider’s rates).
   1.3. Online payment via credit card or online banking (0.00 EUR).

V. Product Delivery

1. The Seller is obligated to fulfill the order and deliver the goods or services to the Buyer within a maximum period of 360 days from the conclusion of the purchase agreement as per Article II, point 2 and the following of these GTC. However, the usual period for dispatching goods or services in stock is 1-2 working days from the conclusion of the purchase agreement, as per Article II, point 2 and the following of these GTC.
   1.1. The Seller is obligated to deliver the products to the Buyer in the ordered quantity and quality along with tax documents related to the order and any other documents if applicable and typical for the given products or services.
2. The place of delivery of the ordered product is the address provided by the Buyer in the order.
3. The Seller will deliver the product either by its own means directly to the Buyer (or the person authorized by the Buyer to receive the product) or through third parties (transport and courier companies).
4. Delivery of the product is deemed complete when the Buyer (or the person authorized by the Buyer to receive the product) takes possession of the product.

VI. Receipt of Product

1. The risk of damage to the product and responsibility for damage to the product passes to the Buyer upon proper receipt of the product, regardless of whether the Buyer takes possession of the product personally or through an authorized third party.
2. Ownership of the product transfers from the Seller to the Buyer at the moment of delivery and proper receipt of the goods or services by the Buyer.
   2.1. The Buyer has the right not to accept the delivered product from the carrier, particularly if:
   a) The product(s) delivered do not match the purchase agreement.
   b) The product(s) are delivered in damaged packaging.
   c) The product(s) are delivered without the necessary documents.

2.2. If the Buyer receives a product or products as mentioned in point 2.1(a) of this article, the Buyer has the right to request the Seller to deliver the correct product(s) free of charge and without undue delay, either by replacing or repairing the product(s). If this is not possible, the Buyer has the right to request a discount on the purchase price or withdraw from the contract.
3. The Seller has the right to receive proper and timely payment for the purchase price of the order from the Buyer for the delivered goods.

VII. Freight – Delivery Methods and Shipping Costs

The Seller's shipping costs are not included in the purchase price of the goods listed on the website. The delivery methods are specified in Article VII, point 2.1 and the following, and the prices for these delivery methods are listed in Article VII, point 2.2 and the following of these GTC.

Delivery Methods and Shipping Costs for Ordered Products:

2.1. Delivery methods and prices for shipping:
a) Slovenská pošta (Slovak Post) – to the address (according to the supplier’s tariff) – the parcel will be delivered to the address selected by the Buyer, intended for parcels weighing up to 10 kg.
b) Slovenská pošta (Slovak Post) – to a post office (according to the supplier’s tariff) – the parcel will be delivered to the post office selected by the Buyer, intended for parcels weighing up to 10 kg.
c) DPD Courier (according to the supplier’s tariff).
d) Pickup at a DPD pickup point (according to the supplier’s tariff).
e) Pickup at the delivery point (according to the supplier’s tariff) for parcels weighing up to 5 kg.

VIII. Buyer’s Withdrawal from the Purchase Agreement Without Providing a Reason

1. The consumer has the right to withdraw from the contract without providing a reason within 14 calendar days from the day of receiving the goods, if the Seller has properly and timely fulfilled the information obligations according to § 3 paragraph 1 letter h) of Act no. 102/2014 Coll. as amended. If the Seller has timely and properly provided the consumer with information about the right to withdraw from the contract according to § 3 paragraph 1 letter h) of Act no. 102/2014 Coll., the consumer is entitled to withdraw from the distance contract or from a contract concluded outside the business premises of the Seller within 14 days from the day:

   a) of receiving the goods according to Article VIII, point 1a of these Terms and Conditions in the case of contracts related to the sale of goods,
   b) of the conclusion of the service contract, or
   c) of the conclusion of the contract for the provision of digital content not supplied on a physical medium.

1a. The goods are considered to be received by the consumer at the moment when the consumer or a third party designated by the consumer, excluding the carrier, receives all parts of the ordered goods, or if:
a) the goods ordered by the consumer in a single order are delivered separately, at the moment the last item is received,
b) the goods consist of multiple parts or pieces, at the moment the last part or piece is received,
c) the goods are delivered repeatedly over a defined period, at the moment the first item is received.

1.1. If the Seller provided the consumer with information according to § 3 paragraph 1 letter h) of Act no. 102/2014 Coll. as amended later, but no later than 12 months from the start of the withdrawal period, the period for withdrawal from the contract expires 14 days from the day the Seller provided the information.

1.2. If the Seller did not provide the consumer with information according to § 3 paragraph 1 letter h) of Act no. 102/2014 Coll. as amended, even within the extended deadline, the period for withdrawal from the contract expires 12 months and 14 days from the start of the withdrawal period.

1.3. The consumer may withdraw from the contract for the delivery of goods even before the withdrawal period begins.

2. The consumer is obliged to return the goods to the Seller or a person authorized by the Seller for the collection of the goods no later than 14 days from the day of withdrawing from the contract. This does not apply if the Seller proposes to collect the goods personally or through a person authorized by the Seller. The period is considered to be respected if the goods are handed over for transport by the last day of the deadline. (§ 10 paragraph 1 of Act no. 102/2014 Coll.).

3. The consumer is obliged, if they want to exercise this right, to notify the Seller about the withdrawal from the purchase contract no later than the last day of the specified period. The withdrawal period is considered respected if the notification of withdrawal is sent to the Seller no later than the last day of the period to the Seller's address, which is:

   • by email – the consumer can send the withdrawal notification to the Seller’s email address,
   • in writing (by post) – the consumer can send a written withdrawal notification by post to the Seller’s address.

4. Withdrawal from the purchase agreement can be submitted to the Seller in paper form or in the form of a record on another durable medium. Withdrawal can also be exercised using the Withdrawal Form, which is available on the Seller's website. The consumer is entitled to withdraw from the contract even orally, through a clear declaration expressing their will to withdraw. It is recommended that the consumer include the order number, purchase date, the type of goods they are withdrawing from, their name and surname, address, and possibly a bank account number for the refund.

5. By withdrawing from the contract, both parties are obliged to return the provided performances. The consumer is responsible only for the decrease in the value of the goods that resulted from handling the goods beyond what is necessary to determine their characteristics and functionality. The consumer is not responsible for the decrease in value if the Seller did not fulfill their information obligation about the consumer's right to withdraw from the contract according to § 3 paragraph 1 letter h) of Act no. 102/2014 Coll.

6. The consumer may use the Withdrawal Form to withdraw from the purchase contract without providing a reason. The form is freely accessible on the Seller’s website.

7. If the consumer withdraws from the contract in accordance with Act no. 102/2014 Coll., they bear the cost of returning the goods to the Seller, according to § 10 paragraph 3 of Act no. 102/2014 Coll., and if they withdraw from a distance contract, the cost of returning goods which due to their nature cannot be returned by mail. This does not apply if the Seller agrees to cover the costs or if they did not fulfill the obligation under § 3 paragraph 1 letter i) of Act no. 102/2014 Coll.

8. The Seller is obliged to refund the consumer all payments made within 14 days from the day of receiving the notification of withdrawal, including the delivery and shipping costs, unless the Seller has provided otherwise in the contract.

9. According to § 9 paragraph 3 of Act no. 102/2014 Coll., the Seller is not obliged to reimburse the consumer for additional costs if the consumer explicitly chose a delivery method other than the cheapest regular delivery method offered by the Seller.

10. The consumer is entitled to refuse the return of goods acquired during a promotional sale until the Seller returns the price paid or an advance payment for the goods or service.

11. Shipments sent by cash on delivery for withdrawal will not be accepted by us. We recommend the consumer to send returns by registered mail or a similar method without indicating the amount of the cash on delivery.

12. The consumer bears only the cost of returning the goods to the Seller or a person authorized by the Seller to collect the goods. This does not apply if the Seller agrees to cover the costs or if they did not fulfill the obligation according to § 3 paragraph 1 letter i) of the Consumer Protection Act.

13. Besides the obligations mentioned in paragraphs 1, 3-5, and § 9 paragraph 3 of Act no. 102/2014 Coll., the exercise of the consumer’s right to withdraw from the contract must not result in any additional costs or other obligations for the consumer.

14. The right to withdraw from the contract does not apply to goods and services specified in § 7 paragraph 6 letters a) to l) of Act no. 102/2014 Coll.

    Specifically:
    a) provision of a service, if its provision started with the explicit consent of the consumer and the consumer declared that they were properly informed that by giving this consent, they lose the right to withdraw from the contract after the full provision of the service, and if the service has been fully provided,
    b) sale of goods or provision of services whose price depends on fluctuations in the financial market that the Seller cannot influence, and which may occur during the withdrawal period,
    c) sale of goods made according to the specific requirements of the consumer, goods made to measure, or goods specifically designed for one consumer,
    d) sale of goods that are subject to rapid deterioration or decay,
    e) sale of goods sealed in a protective package, which is not suitable for return due to health protection or hygiene reasons and whose protective package has been broken after delivery,
    f) sale of goods that, by their nature, may be inseparably mixed with other goods after delivery,
    g) sale of alcoholic beverages, the price of which was agreed upon at the time of the contract conclusion, and which can only be delivered after 30 days, with their price depending on market fluctuations that the Seller cannot influence,
    h) execution of urgent repairs or maintenance explicitly requested by the consumer; this does not apply to contracts for services or contracts involving the sale of goods other than spare parts needed for repairs or maintenance, if they were concluded during a visit by the Seller to the consumer and the consumer did not pre-order these services or goods,
    i) sale of sound recordings, video recordings, audiovisual recordings, or computer software sold in a protective package, if the consumer has unwrapped this package,
    j) sale of periodicals, except for sales based on subscription agreements, and sale of books not supplied in a protective package,
    k) provision of accommodation services for purposes other than housing, transportation of goods, car rentals, provision of catering services, or provision of services related to leisure activities, where the Seller agrees to provide these services at a specific time or within a specific period,
    l) provision of electronic content other than on a tangible medium, if its provision started with the explicit consent of the consumer and the consumer declared that they were properly informed that by giving this consent, they lose the right to withdraw from the contract.

    15. In the case of withdrawal from the contract, the Seller is obligated to return the consumer’s funds in the same form in which they were received from the consumer. The method of returning the funds can only be changed with the consumer’s consent.

    16. In the case of withdrawal from a contract whose subject is the sale of goods, the Seller is not obliged to return the payments according to § 9 paragraph 1 of Act No. 102/2014 Z.z., until the goods are delivered or until the consumer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through an authorized person.

    17. If the consumer withdraws from a contract for services and explicitly consented before the service provision began in accordance with § 4 paragraph 6 of Act No. 102/2014 Z.z., the consumer is only obliged to pay the Seller for the service actually provided up to the day the notice of withdrawal from the contract is delivered. The price for the actual service provided is calculated proportionally based on the total price agreed in the contract. If the total price agreed in the contract is inflated, the price for the actual service provided is calculated based on the market price of the service provided.

    18. The consumer is not required to pay for

    18.1. services provided during the withdrawal period, regardless of the extent of the service provided, if: 18.1.1. The Seller did not provide the consumer with the information according to § 3 paragraph 1 (h) or (j) of Act No. 102/2014 Z.z. in the valid version,
    18.1.2. the consumer did not give the explicit consent for the service provision to begin according to § 4 paragraph 6 of Act No. 102/2014 Z.z. in the valid version,
    18.2. fully or partially provided electronic content that is not delivered on a tangible medium, if:
    18.2.1. the consumer did not give the explicit consent for the provision of electronic content to begin according to § 4 paragraph 8 of Act No. 102/2014 Z.z. in the valid version,
    18.2.2. the consumer did not declare that they were properly informed that by giving consent they lose the right to withdraw from the contract, or
    18.2.3. The Seller did not provide the consumer with confirmation in accordance with § 6 paragraph 1 or paragraph 2 (b) of Act No. 102/2014 Z.z. in the valid version.

    IX. Alternative Dispute Resolution

    1. If the consumer is dissatisfied with the way the Seller handled their complaint or believes that the Seller has violated their rights, the customer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the customer’s request or fails to respond within 30 days from the date the request was sent, the customer has the right to submit a proposal to initiate alternative dispute resolution in accordance with Section 12 of Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution and Amendments to Certain Laws. The competent body for alternative dispute resolution between the Seller and the consumer is the Slovak Trade Inspection (Slovenská obchodná inšpekcia) http://www.soi.sk or another relevant authorized legal entity registered in the list of bodies for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website http://www.mhsr.sk ).
       The customer has the right to choose which of the listed bodies for alternative dispute resolution they wish to approach. The customer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr to submit a proposal for the alternative resolution of their consumer dispute.
       All other information regarding the alternative dispute resolution between the Seller and the Buyer (consumer) arising from the Sales Contract as a consumer contract or related to the Sales Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution and Amendments to Certain Laws.

    X. Heureka (Verified by Customers service)

    We assess your satisfaction with your purchase through email surveys within the Verified by Customers program, which our e-shop is part of. These surveys are sent to you each time you make a purchase, unless you refuse to receive marketing emails in accordance with § 62 of Act No. 351/2011 Coll. on Electronic Communications, as amended.
    The processing of personal data for the purpose of sending surveys within the Verified by Customers program is carried out based on our legitimate interest, which is to determine your satisfaction with your purchase from us. For the purpose of sending surveys, evaluating your feedback, and analyzing our market position, we use a processing intermediary, which is the operator of the Heureka.sk portal. To this end, we may pass information about the purchased goods and your email address to them.
    Your personal data is not passed on to any third party for their own purposes when sending email surveys. You can object to receiving email surveys within the Verified by Customers program at any time by rejecting further surveys using the link in the email containing the survey. In the case of your objection, we will not send you further surveys.

     

    XI. Final Provisions

    1. The Seller reserves the right to modify the General Terms and Conditions. The obligation to notify the change in the General Terms and Conditions is fulfilled by posting them on the Seller's Online Store. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller will be governed by the General Terms and Conditions valid and effective at the time of the conclusion of the Purchase Agreement, until the moment of its termination.

    2. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with individuals who, when concluding the purchase contract under these GTC, do not act within the scope of their business activities /consumers/, are governed by the general provisions of Act No. 40/1964 Coll. Civil Code, as amended, as well as special regulations, especially Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on Distance Contracts or Contracts Concluded Outside the Seller's Business Premises, and Act No. 250/2007 Coll. on Consumer Protection.

    3. These General Terms and Conditions form an integral part of the Complaints Procedure and the Principles and Instructions on the Protection of Personal Data of this online store. The documents – Complaints Procedure and Principles and Instructions on the Protection of Personal Data of this online store are published on the Seller's Online Store domain.

    4. These General Terms and Conditions come into effect and are valid upon their publication in the Seller's Online Store on February 2025