I. INTRODUCTORY PROVISIONS

 

1.1. These general terms and conditions (hereinafter referred to as the "GTC") govern the rights and obligations when concluding a purchase contract between the merchant Tuli.sk, sro, with its registered office at Nádražná 1853/39, 900 28 Ivanka pri Dunaji, Slovakia, IČO: 45 248 451, IČ DPH: SK2022934716, registered in the Commercial Register of the Municipal Court Bratislava III, section Sro, entry no. 61320/B (hereinafter referred to as the "merchant") and the buyer, the subject of which is the sale of goods and services through the merchant's e-commerce. The merchant is the operator of the e-commerce on the website www.tulispace.com.

 

1.2. The basic obligation of the buyer before ordering goods is to thoroughly familiarize himself with the general terms and conditions, which become binding for the buyer upon ordering goods.

 

1.3. The contracting parties have agreed that by checking the box before sending the order to the trader, the buyer confirms that he has been familiarized with these GTC, including the complaints procedure contained in Article VII. of these GTC, and they will apply to the purchase contract concluded through the electronic store operated by the trader (hereinafter referred to as the "purchase contract") and to all relations between the trader and the buyer, arising in particular when concluding the purchase contract. The buyer is sufficiently notified of these terms and conditions in advance by placing the order himself and has the opportunity to familiarize himself with them.

 

1.4. The General Terms and Conditions are an integral part of every purchase contract. In the event that the trader and the buyer conclude a written purchase contract in which they agree on conditions different from the General Terms and Conditions, the provisions of the purchase contract will take precedence over the General Terms and Conditions.

 

II. DEFINITION OF TERMS AND ABBREVIATIONS

 

2.1. Electronic store or e-shop - is an electronic store operated by the merchant on the website: www.tulispace.com

 

Goods - goods are understood to mean all products offered in the merchant's e-commerce store.

 

Buyer - is a natural or legal person who has entered into a business relationship with the merchant as a purchaser (customer) of goods or services from the merchant through the merchant's e-commerce.

 

Consumer Buyer - is a natural person who, in connection with a consumer contract, an obligation arising from it or in a business practice, is not acting within the scope of his business activity or profession.

 

Buyer Entrepreneur - is a natural or legal person who, when concluding and fulfilling a purchase contract with a trader, acts within the scope of his commercial or other business activity.

 

Contracting Parties - Merchant and Buyer

 

III. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

 

3.1. The basic condition for the validity of the order is the proper and truthful completion of all required data and requirements specified in the order form by the buyer. By sending the order, the buyer undertakes in particular to pay the purchase price of the goods, including the cost of shipping, and to take over the goods properly in accordance with the method specified in the order.

 

3.2. If the buyer is an entrepreneur, he is responsible for the accuracy of the delivery and billing data. These data must correspond to the data listed in the commercial or trade register.

 

3.3. The goods presented in the electronic store are not a proposal to conclude a purchase contract (offer) within the meaning of the provisions of Section 43a of Act No. 40/1960 Coll. of the Civil Code (hereinafter referred to as the “Civil Code”) and the trader is not obliged to conclude a purchase contract with the buyer regarding this product. The presentation of the product in the electronic store is for informational purposes only. The buyer sends the proposal to conclude a purchase contract to the trader in the form of a completed and sent form via the trader’s electronic store, to which he sends a proposal to conclude a purchase contract, the subject of which is the transfer of ownership rights to the goods indicated by the buyer for a consideration at the purchase price and under the conditions specified in this order (hereinafter referred to as the “order”).

 

3.4. The Buyer may order goods or services in the following manner:

a) through e-commerce on the website www.tulispace.com.

b) by sending a freely styled order to the merchant's email address tuli@tulispace.com

 

3.5. Before placing (sending) the order, the buyer has the option to return to the order form, where he can check and change the data already filled in. Subsequently, after sending the order, the buyer will receive a notification of receipt of the order to his e-mail address - order acceptance. Order acceptance is the acceptance of the buyer's proposal to conclude a purchase contract by the trader. If necessary, all additional information regarding his order may be sent to the buyer's e-mail address.

 

3.6. By sending an order through the merchant's e-shop, the buyer agrees to the sending of the invoice in electronic form. The buyer is responsible for the correctness and full functionality of the e-mail address provided in the order. At the buyer's request, the invoice can also be sent in paper form.

 

3.7. After the order is delivered, the order will be processed and the merchant will send the buyer a message about the receipt of the order to the e-mail address provided by the buyer, confirming that the order has been placed for processing. If necessary, all other information regarding his order will be sent to the e-mail address of the buyer. Before confirming the order, the merchant will verify the availability of the goods and the current price at the time the order is sent by the buyer.

 

3.8. The purchase contract is concluded by delivering the order confirmation (acceptance) in electronic form to the buyer. The purchase contract will be stored by the trader in electronic form for the necessary time and will be accessible to the buyer upon his request. The trader will fulfill the obligation to issue the buyer one copy of the purchase contract immediately after concluding it by delivering the buyer confirmation (acceptance) of his order by e-mail together with the attached general terms and conditions, the content of which the buyer has already expressed consent to when placing the order in the electronic store.

 

 

IV. PRICE OF GOODS AND PAYMENT TERMS

 

4.1. The price of goods in the electronic store is always stated including VAT and is valid at the time of placing the order. The buyer acknowledges that the order also includes the obligation to pay the purchase price of the ordered goods. The price of goods stated in the electronic store does not include the price of shipping.

 

4.2. The Merchant reserves the right to adjust the price of the goods listed in the e-shop at any time. The change in the price of the goods does not apply to orders placed before the price change, regardless of whether the goods have not yet been delivered.

 

4.3. The buyer shall pay the price for the ordered goods in the manner chosen in the order, namely:

- by cash on delivery - The Buyer shall make payment by cash on delivery at the time and place of receipt of the ordered goods (at the place specified in the order). A confirmation from the merchant's contractual carrier shall serve as proof of payment of the price of the goods in accordance with the order;

- in cash - In the case of personal receipt of goods at the merchant's store, the buyer can make a payment in cash.

- by payment or credit card - the Buyer makes the payment via the 24-pay service or by entering the required authorization data. The price of the goods is considered paid at the moment it is credited to the merchant's account. The account statement with the given transaction from the card issuer will serve as proof of payment of the price of the goods in accordance with the order; or

- by transfer - the Buyer makes an advance payment to the merchant's bank account maintained at SLSP as IBAN: SK67 0900 0000 0006 3440 9158, the goods are shipped after receiving funds to the merchant's account,

- in the form of a gift voucher.

 

4.4. A gift voucher represents a prepaid amount of funds that the buyer can use for purchases based on the availability of free prepaid funds. Each gift voucher contains its expiration date.

 

 

V. DELIVERY CONDITIONS

 

5.1. Unless the trader and the buyer have agreed otherwise in the purchase contract, the trader is obliged to fulfill the buyer's order and deliver the goods to the buyer without delay, no later than 30 days from the acceptance of the order. If the trader has not fulfilled his obligation to deliver the goods within the period according to the first sentence, the buyer shall request him to deliver the item within an additional reasonable period. If the trader does not deliver the ordered goods within an additional reasonable period, the buyer is entitled to withdraw from the purchase contract.

 

5.2. The standard delivery time of goods is: 1-3 working days. If the buyer's order for goods is confirmed on a working day by 12:00, the goods will be handed over for transport on the same day. If the order is confirmed on a working day after 12:00, the goods will be handed over for transport on the following working day. The goods handed over for transport will be delivered to the buyer in accordance with the transport conditions of the delivery company, usually within 24 hours of being handed over for transport. Goods that are not in the merchant's warehouse at the time of ordering will be sent to the buyer usually within 14 days of receiving the order; the buyer will be informed in advance of any impending delay.

 

5.3. If the buyer does not accept the goods without prior written withdrawal from the contract, or the delivery of the goods is otherwise unsuccessful for reasons on the buyer's part, the trader is entitled to claim compensation for the damage incurred in the amount of the actual costs of the attempted unsuccessful delivery of the goods.

 

5.4. The merchant ensures delivery of goods through the following companies:

- Direct Parcel Distribution SK, sro, with registered office at Technická 7, 821 04 Bratislava, Slovakia. Company ID: 35834498.

- DSV Slovakia, sro, with registered office at Diaľničná 6, 903 01 Senec, Slovakia. Company ID: 35757345.

- IN TIME, sro, with registered office at Senecká cesta 1, 900 28 Ivanka pri Dunaji, Slovakia. Company ID: 31342621.

- Slovak Parcel Service sro, with registered office at Senecká cesta 1, 900 28 Ivanka pri Dunaji, Slovakia. Company ID: 31329217.

- Slovak Post, as, with its registered office at Partizánska cesta 9, 975 99 Banská Bystrica, Slovakia. Company ID: 36631124.

- SLOVAK DELIVERY SYSTEM, sro, with its registered office at Cesta k Smrečine 5, 974 01 Banská Bystrica, Slovakia. Company ID: 45497885.

- Packeta Slovakia sro, with registered office at Kopčianska 3338/82A, 851 01 Bratislava, Slovakia. Company ID: 48136999.

- DHL Parcel Slovakia spol. s r.o with registered office at Na Pántoch 18, 831 06 Bratislava-Rača, Slovakia, Company ID: 47927682.

(hereinafter referred to as "delivery companies")

 

5.5. The buyer is always informed in advance about the price of shipping the goods during the process of filling out the order. The price of shipping is calculated depending on the combination of the shipping method and the payment method chosen by the buyer (hereinafter referred to as the "shipping price"). The price of shipping the goods can also be found at www.tulispace.com/transportation/.  For shipping abroad, the shipping price is calculated individually for each case. In the event of a change in the shipping price, the buyer will be informed of this change immediately before the goods are handed over for shipping.

 

5.6. Ensuring the transport of goods is a separately provided service that the buyer can order at his own discretion.

 

5.7. The buyer is obliged to check the shipment, its packaging, immediately upon delivery. In the event that the buyer discovers that the packaging of the goods or the goods is mechanically damaged, he is obliged to notify the carrier of this fact and check the condition of the goods in his presence. In the event that damage to the goods is discovered upon receipt by the buyer, the buyer is obliged to immediately make a record of the extent and nature of the damage to the goods upon receipt of the goods, the accuracy of which shall be confirmed by the carrier. Later complaints of this type will be accepted only if the buyer proves that the goods already had the claimed defects at the time of receipt.

 

5.8. If the buyer does not receive the shipment of which he was informed by the trader or the shipment is damaged, the buyer is obliged to immediately inform the trader about this fact by phone at +421 917 989 343, or via email: tuli@tulispace.com.

 

5.9. The Buyer acknowledges and agrees to provide personal data in the scope of name and surname, correspondence address, telephone number, e-mail address of the delivery company ensuring the transport and delivery of goods to the Buyer for the Merchant.

 

VI. WITHDRAWAL FROM THE CONTRACT

 

6.1. The Consumer Buyer is entitled, in accordance with the provisions of Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, to withdraw from the contract within 14 days from the date of receipt of the goods, in writing, when selling goods under a distance contract or a contract concluded outside the trader's premises, without giving any reason.

 

6.2. The Consumer Buyer is entitled to withdraw from the purchase contract, the subject of which is the delivery of goods, even before the withdrawal period begins.

 

6.3. TThe purchasing consumer may exercise the right to withdraw from the contract by completing the form available at: www.tulispace.com/return.

6.4. In the event of a return of goods due to withdrawal from the contract, the buyer is obliged to return the goods to the address of the merchant's business Tuli.sk, sro, Nádražná 1853/39, 900 28 Ivanka pri Dunaji. The buyer is also obliged to attach to the returned goods the original tax document, order number and bank account number to which the price of the goods is to be refunded. The financial amount will be sent to the bank account chosen by the buyer, no later than 14 days after the return of the goods.

 

6.5. The consumer buyer bears the costs of returning the goods and is responsible for any reduction in the value of the goods resulting from handling the goods that goes beyond the handling necessary to determine the properties and functionality of the goods. In the event that the returned goods are incomplete or damaged, the trader is entitled to demand financial compensation from the buyer corresponding to the reduction in the value of the goods in accordance with §21 paragraph 4 of Act No. 108/2024 Coll. on Consumer Protection and on amendments and supplements to certain acts.

 

6.6. The Consumer Buyer is not entitled, pursuant to Section 19, paragraph 1 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, to withdraw from the contract in cases where:

a) delivery of goods manufactured according to the consumer's specifications or custom-made goods,

b) delivery of goods subject to rapid deterioration or spoilage,

c) delivery of goods enclosed in protective packaging that is not suitable for return due to health protection or hygiene reasons, if the protective packaging was broken after delivery,

 

6.7. The trader is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has suspended production or made such significant changes that it has become impossible to fulfill the trader's obligations arising from the purchase contract or due to force majeure, or if, despite making all efforts that can be fairly demanded of him, he is unable to deliver the goods to the customer. The trader is obliged to immediately inform the buyer of this fact and return the purchase price already paid for the goods agreed in the purchase contract by transfer to the account designated by the buyer.

 

6.8. The trader is entitled to withdraw from the contract concluded with the buyer in the event of an obvious error in the price of the goods (ie a price obviously different from the usual price for the given type/kind of goods).

 

6.9. The trader is entitled to withdraw from the contract concluded with the buyer if the buyer does not pay the agreed purchase price properly and on time or the buyer does not take delivery of the ordered goods properly and on time.

 

VII. WARRANTY AND COMPLAINTS FOR GOODS

 

7.1. A complaint is understood as a complaint about a defect in the goods pursuant to Section 622 et seq. of the Civil Code. The trader is liable for defects in the goods pursuant to the relevant provisions of the legal regulations, in particular Section 619 et seq. of the Civil Code (liability for defects).

 

7.2. If the buyer is a Consumer, the goods are covered by a warranty period of 24 months. The warranty period begins on the date of delivery of the goods or personal receipt of the goods by the buyer. In the case of an extended warranty, the warranty period is extended to the period declared by the purchase of the extended warranty. In the case of used goods, a warranty period of 12 months is provided.

 

7.3. The buyer has the right to claim a warranty from the trader only for goods that show defects caused by the manufacturer, supplier or trader, are covered by a warranty and were purchased from the trader.

 

7.4. The buyer may file a complaint with the trader by pointing out the defect in the goods in one of the following ways:

a) by reporting a defect in the goods sent to the address of the trader's registered office,

b) by reporting a defect in the goods sent to the trader's email address,

c) by pointing out the defect in the goods in person during working hours at the trader's headquarters.

 

7.5. The complaint must contain a detailed description of the detected defect, the order number and a copy of the invoice. The trader shall provide the buyer with a written confirmation of the defect immediately after the buyer has pointed out the defect. In the confirmation of the defect, the seller shall state the period within which the defect shall be removed in accordance with Section 507, paragraph 1 of the Civil Code. The period notified in accordance with the previous sentence may not be longer than 30 days from the date of pointing out the defect, unless a longer period is justified by an objective reason that the trader cannot influence.

 

7.6. The address for delivery or handover of the claimed goods is: Tuli.sk, sro, with registered office at Nádražná 1853/39, 900 28 Ivanka pri Dunaji, Company ID: 45 248 451. The costs of delivery of the claimed goods are borne by the trader.

 

7.7. The trader is not liable for defects in the goods that were caused by wear and tear of the goods due to their normal use, improper use, improper care, the influence of weather conditions or intentional damage. The trader is also not liable for defects in the goods that the buyer was notified of before the conclusion of the purchase contract.

 

7.8. The retailer is not responsible for a slight loss of volume of Tuli bags. The Tuli bag is filled with polystyrene and its volume is lost with normal use. The retailer is also not responsible for the long-term maintenance of the color of the fabric of Tuli bags, the color of the fabric may change, especially under the influence of sunlight, UV radiation or in the presence of various chemicals.

 

7.9. The specific method of handling the complaint will be agreed upon after assessing the claimed defect in the goods. The buyer will be informed of the result of the complaint handling in writing after the complaint has been resolved.

 

7.10. Rights from liability for warranty defects shall lapse if they have not been exercised within the warranty period.

 

VIII. ALTERNATIVE DISPUTE RESOLUTION

 

8.1. If the buyer is not satisfied with the way the trader has handled his complaint, he is entitled to ask the trader to resolve the dispute. The address for sending the request is: tuli@tulispace.com .

 

8.2. If the trader responds negatively to the request for redress or does not respond to it within 30 days from the date of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution (ADR) pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on amendments and supplements to certain acts.

 

8.3. In the event that the trader and the buyer fail to resolve the dispute, the buyer has the option of filing a complaint through the platform for alternative online dispute resolution between the trader and the consumer, which is provided by the European Commission and Slovak online dispute resolution entities (ODR). The ODR platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

 

8.4. The competent entity for alternative dispute resolution is also the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Prievozská 32, PO Box 5, 820 07 Bratislava 27, Department of Technical Control of Products and Consumer Protection and Legal Department, tel. no.: 02/ 58272 172, 02/58272 104, http://www.soi.sk, http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi or another authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1 .

 

IX. PROCESSING OF PERSONAL DATA

 

9.1. Our approach to protecting your personal data is extremely responsible and we place great emphasis on it.

 

9.2. We rely on Act No. 18/2018 Coll. on the protection of personal data and on the amendment of certain regulations and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. All information we process as data can be found in the PRINCIPLES OF PERSONAL DATA .

 

X. FINAL PROVISIONS

 

10.1. The Merchant reserves the right to change the GTC without prior notice.

 

10.2. Legal relations between the trader and the consumer buyer not expressly regulated by these GTC are governed mainly by the relevant provisions of Act No. 40/1964 Coll., the Civil Code and Act No. 108/2024 Coll. on consumer protection and on amendments and supplements to certain acts.

 

10.3. Legal relations between the trader and the purchasing entrepreneur, not expressly regulated by these GTC or by the contract between the trader and the purchasing entrepreneur, are governed mainly by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code as amended and other legal regulations.

 

10.4. The provisions of Article VI. Paragraphs 6.1., 6.2., 6.3., 6.5., 6.6., Articles VII. to VIII. of these GTC apply exclusively to the group of Consumer buyers.

 

10.5. Relations and any disputes between the contracting parties will be resolved exclusively in accordance with the applicable law of the Slovak Republic and will be resolved by the courts of the Slovak Republic. The contracting parties undertake to resolve disputes concerning the subject matter of the purchase contract preferably always out of court, by agreement of the contracting parties.

 

10.6. These GTC are valid and effective from 01.07.2024 and replace previous versions of the GTC.