Terms and conditions
1. General information
These terms and conditions apply to distance contracts concluded in the e-shop www.lesswastecoffee.com between the Seller and the Buyer in accordance with Act No. 102/2014 Coll. on Consumer Protection in relation to the Sale of Goods or Provision of Services at a Distance.
The Seller is NajTrade s.r.o., Húskova 31, 040 23 Košice, Slovakia. Company identification number 50590502, tax identification number 2120382396, VAT ID: SK2120382396. Telephone number. +421 944 750 100, e-mail: info@lesswastecoffee.com Registered in the Commercial Register of the District Court Košice I, Section Sro, file no. 40217 / V.
The Buyer is a consumer, i.e. a natural person who, in concluding and performing a consumer contract, is not acting in the exercise of his or her trade, business or profession. Purchases by entrepreneurs are governed by the Commercial Code no. 513/1991 Coll.
The supervisory authority for consumer protection is the SOI Inspectorate for the Košice Region, Vrátna no. 3, 043 79 Košice 1.
Return address:
2. Order and contract
Sending a completed order by the Buyer is considered a proposal to conclude a contract in accordance with the Civil Code, based on the Seller's offer in the e-shop. The contract is concluded when the Seller confirms the order.
3. Product prices
All product prices in the e-shop are final and include all taxes. The Seller is a VAT payer. The product price does not include shipping costs, these are listed here https://www.lesswastecoffee.com/shipping.html and in the shopping cart before completing the order, where the Buyer can also see the total price of the order, including the shipping costs.
All offers and special prices listed on this website are valid until the listed products are out of stock.
The Buyer acknowledges that there may be cases in which the contract between the Seller and the Buyer is not concluded, in particular in the event that the Buyer orders goods at a price which has been published in error as a result of an error in the Seller's internal information system or an error made by an employee. In such a case, the Seller is entitled to withdraw from the contract, even after the Buyer has received an e-mail confirming his order, of which the Seller will inform the Buyer. Examples of when an incorrectly published price may occur include, but are not limited to, the following cases:
- the price of the goods is incorrect at first glance (e.g. it does not take into account the purchase price or the usual price of the goods),
- the price of the goods is missing or has one or more extra digits,
- the discount on the goods is more than 50%.
In case of doubt as to whether the goods are really discounted or whether there is an obvious mistake in the price of the goods, the Buyer is obliged to contact the Seller and verify the information as to the correctness of the price.
4. Payment for the goods
The Seller accepts payment for the ordered goods in the ways specified on the page https://www.lesswastecoffee.com/shipping.html
Part of the order placed in the e-shop is the obligation of the Buyer to pay the Seller the price of the ordered products.
5. The delivery of goods
The standard delivery time depends on each country (but is usually up to 5 working days). If the delivery time changes, the Seller will contact the Buyer after receiving the order. In the case of payment in advance, the Seller will send the goods only after the payment has been credited to the Seller's account.
The goods shall be deemed to have been received by the Buyer at the moment when the Buyer or a third party (other than the carrier) designated by the Buyer accepts all parts of the ordered goods, or, if (a) the goods ordered by the Buyer in a single order are delivered separately, at the moment of acceptance of the last item delivered; (b) the delivery is made in several parts or pieces, at the moment of acceptance of the last delivered part or piece; (c) the goods are delivered repeatedly for a specified period of time, at the moment of acceptance of the first goods from the order.
6. Complaints guidelines
The Seller is liable for defects in the products when they are delivered to the Buyer. He is not liable for defects caused by use or wear. In the case of goods sold at a lower price, the Seller is not liable for the defect for which the lower price was negotiated. If the goods are not perishable or used, the Seller is responsible for defects that occur after receiving the goods within the guarantee period (warranty).
The warranty period for new products is 24 months and starts from the date of acceptance of the goods by the Buyer. The warranty period for used goods is 12 months. If a period of use is indicated on the item sold, its packaging or its instructions, the warranty period shall not expire before the expiry of this period.
The warranty certificate is issued at the request of the Buyer. Proof of purchase is sufficient to make a claim.
If the goods have a defect that can be repaired, the Buyer has the right to have it repaired free of charge, in a timely and accurate manner. The Seller shall remedy the defect without undue delay.
However, the Buyer should not continue to use the product in which the defect has been found. In the event of a defect occurring after purchase, the defect must be reported immediately upon discovery and no later than the end of the warranty period. Once the warranty period has expired, the right to make a claim also expires.
Wear and tear inherent in a particular material or use is not considered a defect. If the nature of the item sold is such that its life is shorter than the warranty period, and if the item is typically worn out by regular use before the warranty period expires, this will not be considered a defect.
Instead of remedying the defect, the Buyer may request the replacement of the goods or, if the defect affects only part of the goods, the replacement of that part, provided that this does not involve disproportionate costs in relation to the price of the goods or the seriousness of the defect. Instead of remedying the defect, the Seller can always replace the defective item with a non-defective item, unless this causes serious difficulties for the Buyer. If the defect is not modifiable and prevents the product from being used as a defect-free product, the Buyer has the right to exchange the product or withdraw from the contract. The Buyer shall have the same rights in the case of defects that can be repaired, but where the Buyer is unable to use the goods properly due to the recurrence of the defect after repair or in the case of a large number of defects. In the case of other irremovable defects, the Buyer shall be entitled to a reasonable discount on the price of the goods.
The Seller exercises the rights arising from the liability for defects at NajTrade s.r.o., Hroncova 1, 040 01 Košice. However, if the warranty document states that the warranty service is closer to the Seller or the Buyer, the Buyer shall exercise the right to repair the product in the warranty service. The warranty service is obliged to repair the product within 30 days at the latest.
In the case of replacement, the warranty period shall commence upon delivery of the new item. The same applies if the part under warranty has been replaced.
Settlement of the claim means the conclusion of the claim procedure by handing over the repaired product, replacement of the product, refund of the purchase price of the product, payment of a reasonable discount on the price of the product, a written request for acceptance or a justified rejection.
When a complaint is made, the Seller shall determine the method of handling the complaint immediately or, in complicated cases, no later than 3 working days from the date of the complaint, in justified cases, especially when a complex technical assessment of the condition of the product or service is required. Once the method of complaint handling has been determined, the complaint shall be settled immediately or, in justified cases, later, but not later than 30 days from the date of the complaint. At the end of this period, the Buyer has the right to withdraw from the contract or to exchange the product for a new one.
If the Buyer has made a claim on the Product within the first 12 months of purchase, the Seller may only settle the claim by rejecting it on the basis of an expert's report, irrespective of the outcome of the expert's report, and shall not require the Buyer to pay the costs of the expert's report or any other costs of the expert's report. The Seller is obliged to provide the Buyer with a copy of the expert opinion justifying the rejection of the claim no later than 14 days from the date of processing the claim. If the Buyer submits a product claim after 12 months from the date of purchase and the Seller rejects the claim, the Seller will indicate in the proof of claim to whom the Buyer can send the product for expert assessment. If the product is sent to the designated person for an expert opinion, the cost of the expert opinion and all other related costs shall be borne by the Seller, regardless of the outcome of the expert opinion. If the Buyer proves that the Seller is responsible for the defect by means of an expert assessment, the Buyer may lodge a new complaint; the warranty period shall not expire during the expert assessment. The Seller is obliged to reimburse the Buyer within 14 days from the date of the renewed claim for all costs incurred for the expert's report, as well as for all related costs reasonably incurred. A reclaimed claim cannot be rejected.
The Seller is obliged to provide the Buyer with confirmation of the claim. If the complaint is made by e-mail, the Seller is obliged to send the proof of the complaint to the Buyer immediately; if it is not possible to send the proof immediately, it must be sent immediately and at the latest together with the proof of the complaint handling; the confirmation of the complaint need not be sent if the Buyer can prove the complaint otherwise.
7. Return the products – Withdrawal from the contract with no reason
The Buyer has the right to cancel the contract within 14 days of receipt of the goods without giving any reason. Only the consumer may exercise this right.
The goods shall be deemed to have been received by the Buyer at the moment when the Buyer or a third party (other than the carrier) designated by the Buyer accepts all parts of the goods ordered, or, if (a) the goods ordered by the Buyer in a single order are delivered separately, at the moment of acceptance of the last item delivered; (b) the delivery is made in several parts or pieces, at the moment of acceptance of the last delivered part or piece; (c) the goods are delivered repeatedly for a specified period, at the moment of acceptance of the first goods from the order.
The Buyer may withdraw from the contract for the delivery of goods before the beginning of the withdrawal period.
The Buyer cannot withdraw from the contract when:
- the sale of goods is made according to specific requirements of the consumer, tailor-made products or goods explicitly designed for one consumer,
- the sale of goods are subject to rapid deterioration or perishability,
- the goods are sold in a protective container which should not be returned for health or hygiene reasons and where the protective container has been broken after delivery (e.g. lids intended to come into contact with food),
- the sale of goods, by their nature, may be inseparably mixed with other goods after delivery.
The Buyer may exercise the right of withdrawal in writing or on another durable medium (e.g. by e-mail) or by submitting a completed form available here.
The right of withdrawal may also be exercised by sending a notice of withdrawal on the last day of the 14 day period.
The Seller shall, within 14 days of receipt of the notice of cancellation, refund to the Buyer all payments received by the Seller under or in connection with the Contract, including transport, delivery and shipping costs and other costs and charges. The Seller shall reimburse the Buyer in the same manner as the Buyer made the payment. The Buyer may agree with the Seller on another method of compensation.
The Seller shall not be obliged to pay additional costs to the Buyer if the Buyer has expressly chosen a delivery method other than the cheapest standard delivery method offered by the Seller. Additional costs are the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest standard delivery method offered by the Seller.
In the event of cancellation, the Seller is not obliged to return the payment to the Buyer until the goods have been delivered to the Buyer or until the Buyer proves that the goods have been sent to the Seller, unless the Seller proposes that the goods be collected by the Buyer himself or by a person authorised by him.
The Buyer is obliged to return the goods or to hand them over to the Seller or to a person authorised by the seller for collection within 14 days from the date of withdrawal. This period shall be deemed to have been observed if the goods have been handed over for transport on the last day of the period at the latest. This period shall be deemed to have been observed if the goods have been handed over for transport no later than on the last day of the said period.
In the event of withdrawal, the Buyer shall only bear the costs of returning the goods to the Seller or to the person authorised by the Seller to receive the goods, and the costs of returning goods which, due to their nature, cannot be returned by post.
The Buyer shall be liable for any reduction in the value of the goods resulting from handling the goods beyond what is necessary to determine the characteristics and functionality of the products.
The Buyer has the opportunity to test the functionality of the goods after delivery, but cannot use the goods if he withdraws from the contract. In order to determine the nature, characteristics and functionality of the goods, the consumer should only handle and check the goods in the same way as he would be allowed to do in a normal shop. The Buyer is obliged to handle and inspect the products with care during the withdrawal period.
8. Alternative dispute resolution
The Buyer - Consumer - has the right to contact the Seller for redress (e.g. by e-mail) if he is not satisfied with the way the Seller has handled his claim or if he believes that the seller has violated his consumer rights. If the Seller refuses to respond to this request or fails to respond within 30 days of sending it, the consumer has the right to appeal to an alternative dispute resolution body (ADR body) pursuant to Act No. 391/2015 Coll. ADR bodies are institutions and authorised legal entities pursuant to Section 3 of Act No. 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic. www.mhsr.sk. The consumer may file a petition in the manner specified in Section 12 of Act No. 391/2015 Coll.
The Consumer can also file a complaint through the ADR Alternative Dispute Resolution Platform, available online at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
Alternative dispute resolution can only be used by a Consumer - a natural person who, in concluding and performing a consumer contract, is not acting in the course of his trade, business, profession or vocation. Alternative dispute resolution only concerns disputes between the Consumer and the Seller arising from or related to the Consumer contract. ADR only applies to distance contracts. ADR does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR body may require the consumer to pay a fee for initiating an ADR procedure up to a maximum of EUR 5 including VAT.
9. Personal data protection
The purpose of the processing of personal data is to use it for the performance of the consumer contract that the Seller concludes with the Buyer by placing an order in this online shop. This consumer contract is also the legal basis for processing the Buyer's data. The provision of the Buyer's data is a contractual requirement necessary for the conclusion of the contract. The provision of personal data is a condition for purchase in the Seller's e-shop. Failure to provide the Seller with all required personal information may result in the failure to conclude the purchase contract.
When processing personal data, the Seller shall act in accordance with Law 18/2018 on the Protection of Personal Data and shall only process the personal data necessary for the conclusion of a consumer contract.
The Seller processes the Buyer's personal data on a regular basis.
The Buyer's personal data will be stored in the Seller's information system for ten years.
The Buyer has the right and the possibility to update the personal data in the online mode on the website of the online shop, in the customer area, after logging in, or in another form (by e-mail, in writing).
For the consumer contract, personal data may be disclosed to third parties - courier companies and the company that processes accounting documents.
No personal information about the buyer will be disclosed.
The Seller may provide the customer's personal information (to the extent: email address) to Heureka Shopping s.r.o. for the sole purpose of the "Verified by Customer" programme, in order to receive feedback from the buyer regarding the purchase made in the seller's e-shop.
The Buyer has the right to obtain confirmation from the Seller as to which of the buyer's personal data are processed in the seller's e-shop. The Buyer has the right to access such data, as well as the purpose for which it is processed, the categories of data processed, to whom personal data is made available, the duration of storage of personal data, whether automated individual decisions are made, including profiling.
The first provision of the above personal data to the Buyer is free of charge. Repeated provision of the personal data requested by the Buyer will be charged as an administration fee of €5.
The Buyer may require the Seller to correct or complete any incomplete personal data relating to the Buyer. The Buyer may request that his data be deleted or that the processing of such data be restricted. The Buyer may also object to the processing of personal data.
The processing of the Buyer's personal data is also necessary for archiving (to fulfil the Seller's obligation based on the legislation of the Slovak Republic, e.g. to keep accounting documents for ten years). If the Buyer requests the deletion of personal data processed in connection with the purchase contract, his request may be refused.
The Buyer shall have the right to require the Seller to restrict the processing of the Buyer's personal data if the Buyer disputes the accuracy of the personal data during the period of time necessary for the Seller to verify the accuracy of the personal data.
The Buyer has the right to receive the personal data concerning him that he has provided to the Seller in a structured, commonly used and machine-readable format. The buyer has the right to transfer this personal data to another operator, if technically possible.
The Buyer has the right to object to the processing of his data for direct marketing purposes. He may also object if his data are processed for the legitimate interest of the seller.
If the Buyer suspects that his/her data is being processed unlawfully, he/she may submit a request to the Office for the Protection of Personal Data to initiate the procedure for the protection of personal data.
The above privacy policy on personal data information also applies to pre-contractual relationships (i.e. registering with an e-shop for a future purchase or, for example, requesting a quote or information about the seller's goods and services).
10. Sending emails
The seller has the right to send the following types of emails to the buyer:
- transactional emails - information about the order status,
- request for rating of purchased products (maximum 1x per order with the option to unsubscribe),
- personalized product purchase recommendations based on already purchased products (maximum of 1x per month with the option to unsubscribe).
11. Cookies
In order to ensure the proper functioning of the online shop, the Seller may store small data files - cookies - on the Buyer's device, which allow the online shop to remember data about activities and settings (e.g. login name, language, font size, etc.) for a certain period of time. The Seller's online store uses cookies to remember the buyer's user settings and for necessary functionality of the online store or for marketing purposes. Buyers can delete any cookies stored on their device and, if necessary, set their device's internet browser to prevent cookies from being stored. In this case, the shopper may need to manually edit some settings when returning to the online store, and some online store services or features may not work.