Terms and Conditions
Terms and Conditions
Please read these Terms and Conditions and disclaimers carefully before purchasing from us and using our services. The following Terms and Conditions constitute a contract between you as the Buyer and the online store www.k-mart.eu as the Seller. By checking the box, you express your consent to the terms and provisions set forth below.
1. Basic Provisions
These General Terms and Conditions (hereinafter referred to as the “Terms”) govern all commercial relationships concluded through the electronic commerce system of www.k-mart.eu. The Terms further govern the rights and obligations between the Buyer and the Seller. These Terms are not in conflict with the legal order of the Slovak Republic. In matters not regulated by these Terms, the basic principles of commercial relationships are governed by the relevant provisions of the Commercial Code No. 513/1991 Coll., as amended. Unless otherwise stated in writing between the supplier and the customer, all provisions stated herein are valid.
2. Definition of Basic Terms
- “Buyer” means a natural or legal person registered in the electronic database of the Seller who, after their own authorization, has sent an electronic Order. A natural person must be over 18 years of age. The Buyer must provide true and accurate information in the registration form.
- “Recipient” means a natural or legal person defined by the Buyer in the Order, designated to take over the subject of the Order at the address specified in the registration form as the delivery location (hereinafter referred to as the “Delivery Address”).
- “Seller” is: KOREURO, s.r.o., Business ID (IČO): 36 699 144, Kuzmányho 18, Žilina 010 01, registered in the Commercial Register of the District Court of Žilina, Section: Sro, Insertion number: 18254/L.
- “Order” means a completed and submitted electronic order form containing information about the Buyer or, if applicable, the Recipient (if not identical to the Buyer), the ordered goods from the store’s offer, and the price of these goods and services.
- “Item” means any product from the product catalog. An Order may contain several items from the product catalog, and each item in the Order may be represented by a different number of pieces.
3. Price of Goods and Services
- 3.1 All prices listed on the Website include VAT at the applicable rate determined in accordance with the legal regulations valid and effective at the time of payment for the goods.
- 3.2 For goods where their weight is measured (for example, vegetables and fruits), the charged price is calculated based on the actual weight weighed at the time of weighing the goods. The prices of other products are those listed on the Website at the time the Order is sent, and prices at this amount are charged.
- 3.3 The final price of the order includes the product price, taxes, and fees, and includes the price of returnable packaging in the case of ordering goods packed or normally distributed this way. The final amount of the Order is also the sum of the price for the goods and the price for the delivery of the goods as a service.
- 3.4 For an accepted and paid Order, the price of the goods ordered in this way is binding on both contracting parties.
- 3.5 The price of the goods may be changed by the Seller before confirming the order if there are changes in legal regulations, currency exchange rates, a significant increase in inflation, changes in the prices of manufacturers or suppliers of goods, or if the Seller finds that the price was incorrectly listed.
- 3.6 Prices of goods on the Website change continuously depending on the current offers of the Seller’s business partners and suppliers.
4. Order
- 4.1 By submitting the Order, a proposal for a purchase contract is created; the Buyer simultaneously bindingly confirms that they have familiarized themselves with these Terms and agree to them unreservedly. The Buyer also agrees to all provisions of the Terms in the wording valid on the day this Order is sent.
- 4.2 All Orders created through the Website are binding on the Buyer.
- 4.3 The purchase contract is concluded upon confirmation of the Order by the Seller. The Buyer will receive the order confirmation by email. If the Buyer does not receive an order confirmation, the order is not binding on the Seller.
- 4.4 The purchase contract becomes effective upon payment in accordance with Section 5 “Payment Conditions”.
- 4.5 The Order is submitted by clicking the “Order with an obligation to pay” button during the processing of the shopping cart on the “Checkout” Page.
- 4.6 Only the choice of goods based on the description is binding for the purposes of the Order; visuals and images are for informative purposes only.
- 4.7 Working days are considered to be the time from 09:00 to 20:00 on working days, provided that they do not fall on a public holiday and/or a day of rest.
- 4.8 The weight of products estimated for the purpose of determining the total weight of the purchase is indicative and may not correspond to reality.
5. Payment Conditions
- 5.1 The Order can be paid by electronic payment through the payment gateway directly on the Seller’s website or in cash upon delivery of the goods.
- 5.2 A payment implemented otherwise can be accepted only on the basis of the prior consent of the Seller.
- 5.3 The proof of payment is the invoice issued and sent to the Buyer’s email.
6. Delivery Conditions
- 6.1 Goods will be delivered to the Buyer at the address specified in the “Billing & Delivery” field – Delivery Address.
- 6.2 Goods are delivered on working days. If a public holiday and/or a day of rest falls on any of these days, this day may be considered non-working.
- 6.3 The place of delivery of the goods is the Delivery Address specified by the Buyer (on the Checkout Page in the “Billing & Shipping” section). The Buyer can specify more than one Delivery Address.
- 6.4 If the order is not delivered completely, the corresponding amount for the undelivered goods will be adjusted for the Buyer. If the Buyer paid for the Order in advance, the resulting overpayment will be credited to their original Bank account (from which the payment came) no later than 14 calendar days.
- 6.5 The Buyer may also authorize another person, i.e., the Recipient, to take over the Order. The Recipient may take over the goods in the absence of the Buyer at the time chosen by the Buyer for delivery. The Recipient agrees to take over the goods under the same conditions and rules chosen by the Buyer for delivery. The Seller considers the person at the Delivery Address who takes over the goods to be an authorized person to take over the goods. If neither the Buyer nor the Recipient is present at the premises for taking over the goods, the Seller will immediately contact the Buyer in an effort to agree on a different delivery date.
- 6.6 Delivery of the Order means transporting the goods to the first lockable door of the house or apartment building. If the Buyer lives in a residential complex to which entry is restricted (e.g., a gate, etc.), they are obliged to ensure access for the Seller’s personnel. The Seller is not responsible for non-delivery of goods if access to the Delivery Address is not allowed.
- 6.7 In the event of adverse weather or other complications, the delivery of goods will be adapted to these conditions. If the delivery is significantly delayed, the Seller will contact the Buyer and notify them of the extension of the delivery time. The goods will be delivered to the Buyer at the first possible date that conditions permit. If it is not possible to deliver the order due to the Buyer’s reasons, the Buyer is obliged to collect the goods at a place designated by the Seller.
- 6.8 If the Buyer pays the full amount of the order and takes over the goods, ownership rights relating to these goods shall pass to them.
7. Cancellation of an Order
- 7.1 The Buyer may cancel a placed Order by email to the address: info@k-mart.eu or by phone via the customer service line, stating the order number no later than 60 minutes after making the order.
- 7.2 The Seller has the right to cancel the order, or a part thereof, if for technical reasons it is not possible to deliver the goods within the required period or under the conditions of the order, or in the event that the goods are no longer supplied or manufactured, or if the price from the supplier has changed significantly. If this situation occurs, the Seller will contact the Buyer without undue delay to agree on the next steps. If the Seller and the Buyer do not agree on providing other goods of the same quality and price or on another alternative performance, and the Buyer has already paid the price from the order (proforma invoice) or a part thereof, the Seller is obliged to return the price paid for the goods or the advance payment to the Buyer.
8. Order Complaints and Warranty Period
- 8.1 The Seller guarantees the quality of the delivered goods.
- 8.2 Upon taking over the goods, the Buyer should check whether they received the complete order and whether the goods are damaged. The Buyer must store the goods as specified in the manufacturer’s instructions on the product packaging. The Seller will not recognize a complaint if the customer did not follow the manufacturer’s instructions, or if the defect was caused by improper handling and storage.
- 8.3 Complaints can only be made for goods purchased through www.k-mart.eu. The complaint must be applied without delay, immediately on the spot upon delivery of the goods to the Buyer.
- 8.4 The complaint must be made by email to the contact details: info@k-mart.eu.
- 8.5 The same warranty conditions apply to the goods as those stated on the product by the given manufacturer/importer/supplier.
- 8.6 If the goods are complained about in time and were demonstrably purchased through the online store www.k-mart.eu (invoice or cash receipt), the complaint will be resolved after agreement with the buyer by returning the goods, exchanging them for new goods, or deducting the amount of the complained goods in the next order.
- 8.7 The Buyer is liable to the Seller for all losses caused to the Seller by intentional violation of any of the preceding provisions or by failing to provide true data in their registration form.
- 8.8 The warranty period for food products is identical to the expiration date indicated on the packaging. The warranty period for drugstore and consumer goods is as indicated on the packaging. Products that do not have to have a specified warranty period are subject to the statutory warranty period. When using the goods, the Buyer must follow the instructions for use and maintenance.
- 8.9 The enclosed proof of sale sent by email upon completion of the order also serves as a warranty certificate. The warranty period begins on the day the goods are handed over. The Buyer can claim the warranty through the Seller’s customer service. The rights and obligations of the Buyer are governed by the Civil Code.
9. Protection of Personal Data
- 9.1 The Seller will do everything to ensure complete confidentiality of information about the Buyer and ensure that it is accessible only to persons who need this information to perform the Seller’s services.
- 9.2 By completing the registration form or a binding Order within the online store www.k-mart.eu, the Buyer grants consent to the Seller for the collection, processing, and archiving of their personal data and purchases for the purpose of providing the Seller’s services within the meaning of Act No. 428/2002 Coll. on the Protection of Personal Data. The Buyer provides consent for an indefinite period and can revoke it in writing at any time. If the Buyer revokes their consent, the Seller must remove all their personal data from its database to the necessary extent.
- 9.3 The Seller is committed not to provide the Buyer’s personal data in any form to a third party. The Buyer’s personal data will legally be used exclusively for communication between the Seller and the Buyer and will be strictly secured. The data is processed and handled in accordance with Act No. 428/2002 Coll. on the Protection of Personal Data, as amended.
10. Rights and Obligations of the Buyer
- 10.1 The Buyer is responsible for the up-to-date nature of their data entered on the Website, including the address, telephone number, email address, payment information, and data relating to another recipient of the goods. The Buyer can update their data in the “My Account” section on the Website or via the Seller’s customer service.
- 10.2 The Buyer must be available and able to take over the Order at any time during the selected time interval.
- 10.3 The Buyer must provide a correct and complete Delivery Address to which the ordered goods are to be delivered. The obligation of the Buyer is also to pay the total price of the Order and collect the ordered goods to the extent specified in the Order. If, upon request, the Buyer is not able to take over (does not take over) the Order at any time within the established time interval, such violation is considered a failure to take over the Order by the Buyer. In this case, the Seller may charge the Buyer a fee of EUR 15. The Buyer continues to be bound by their order.
- 10.4 If the goods are not in conformity with the purchase contract upon takeover by the Recipient, the Buyer has the right to have the Seller deliver goods corresponding to the purchase contract, without undue delay and according to the Buyer’s request, either by exchanging the given goods for the ordered goods or for other comparable goods.
- 10.5 The Buyer has the right to have their personal data deleted from the Seller’s database if they request it in writing. The Seller is obliged to delete the data about the Buyer from the database no later than 3 days from the delivery of the written request of the Buyer. After deleting the personal data, only data necessary for accounting purposes, tax purposes, as well as other purposes in accordance with Act No. 395/2002 Coll. on Archives and Registries and on Amendments to Certain Acts will remain in the database.
11. Rights and Obligations of the Seller
- 11.1 The obligations of the Seller include processing the binding Order, shipping the ordered goods, and delivering them to the Buyer’s delivery address if the goods are available in the Seller’s warehouse or at its partners. In addition, it is obliged to delete a registered customer from the database if the customer requests it in writing.
- 11.2 The Seller may withdraw from the purchase contract (binding Order) up to the moment of delivery of the goods that are the subject of the given purchase contract. It can do so for any reason or even without giving a reason. The Buyer is fully aware that the Seller usually withdraws from such a contract if the goods are no longer manufactured or supplied.
- 11.3 The Seller reserves the right to printing errors when publishing individual data on the Website.
- 11.4 The Seller has the right to unilaterally change the provisions of these Terms and also all prices and fees, even without prior notice. The new Terms and price list will be valid and binding for the Buyer upon their publication on the Website.
12. Website Availability
- 12.1 The Buyer is aware that a situation may arise where the Website will not be accessible or will not work for some reason.
- 12.2 The Buyer agrees that they are responsible for the confidentiality of information regarding their ID and password and bearing the fees associated with the use of their password on the Website. They also agree that in the event of unauthorized logging onto the Website under their ID and password, they will inform the Seller’s customer service line without delay and will not use this password and ID until the Seller approves the further use of their ID and password.
- 12.3 Access to the Website is secured using the username (hereinafter referred to as “ID”) and password of the Buyer. If the Buyer forgets their password, they can request a new password through the Website, and the system will automatically generate a new access password for them. The Buyer is solely responsible for authorized or unauthorized access to their account under their username.
- 12.4 The Buyer agrees to the laws governing the services provided by the Seller, the Website, and these Terms. They confirm that they are of legal age (18 years and older) and are capable of agreeing to a contract and performing the above obligations.
13. Copyright and Licenses
- 13.1 The designation “www.k-mart.eu”, all logos of the Seller, and all titles, names, fonts, graphics, button icons, trademarks, service marks, and/or trade dress of the Seller or other property belonging to the Seller may not be used otherwise than as specified in these terms and conditions.
- 13.2 All other trademarks, product names, and company names or logos appearing on the Website are owned by their respective legal owners. The Buyer has no ownership or copyright rights relating to these trademarks, logos, or names by using the Website or the Seller’s services.
- 13.3 The entire content, including graphics, text, design, arrangements, selections, gathering, and all software, is owned by the Seller. The Seller gives consent exclusively for viewing, electronic copying, and printing them in paper form for the purpose of placing an Order.
- 13.4 Other use of materials from the Website, including modification, distribution, or copying for purposes other than the order, is prohibited without the prior consent of the Seller. The Buyer or a third party is aware that the Seller is the sole owner of these materials. By downloading these materials, neither the Buyer nor a third party acquires any ownership or copyright rights. The Seller has the right to revoke this authorization at any time, and any use can be immediately terminated by written notice from the Seller.
14. Final Provisions
The rights of the Buyer in relation to the Seller resulting from Act No. 250/2007 Coll. on Consumer Protection, as amended, are in no way altered by these Terms. If circumstances excluding liability caused a delay in the performance of the Seller’s obligations, the Seller is not responsible for this delay and has the right to a reasonable extension of the period for fulfilling its obligations.
The last update of the terms and conditions took place on September 5, 2023.