Terms of service
General Terms and Conditions (GTC)
1. Basic Provisions
These General Terms and Conditions govern the rights and obligations of the contracting parties arising from the purchase agreement concluded between the seller (the operator of the online store available at shop.kallai.sk), Georgica sro ., Hlavná ul. 641/36 Fiľakovo, IČO 36622800 (hereinafter referred to as the "seller" or "trader") and the customers (hereinafter referred to as the "buyer" or "consumer") when purchasing goods through the shop.kallai.sk website.
The technical operation of the store is provided by Georgica sro ., Hlavná ul. 641/36, 986 01 Fiľakovo, Company ID: 36622800, VAT ID: SK2021773699 Registered in the Commercial Register of the Banská Bystrica District Court, Section: Sro, Insertion number: 8857/S.
Seller's Contact Details:
Georgie Kft.
Fő utca 641/36,
986 01 Fülek,
ID: 36622800,
Tax ID: SK2021773699
The company is registered in the Commercial Register of the Banská Bystrica District Court, Section Kft., registry number 8857/S.
Supervisory Authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Banská Bystrica Region
Dolná 46, 974 00 Banská Bystrica 1 Supervision Department Tel. 048/412 49 69, 048/415 18 71 no.
2. Order and Conclusion of the Purchase Agreement
2.1. By submitting the order, the buyer confirms that they have become fully acquainted with and agree to these General Terms and Conditions (hereinafter referred to as the "GTC").
2.2. A correctly completed and submitted order in the seller's online store (www.shop.kallai.sk) is considered a binding offer to conclude a contract. All prices for goods and services in the online store, as well as all fees, are listed in Euros, including VAT. A condition for concluding the purchase agreement is the true and complete filling in of all data and requirements requested when placing the order.
2.3. The binding acceptance of the buyer's order is the confirmation of acceptance of the order sent by the seller via email after prior receipt of the order and checking the availability of the goods, their valid prices, and the delivery date requested by the buyer, which is marked as "order confirmation." In case of establishing a higher price, the seller is obliged to ask for the buyer's consent to the price change according to the current price list before confirming the order. The contractual relationship is considered established only after the buyer's consent to the price change and the subsequent confirmation (acceptance) of the order by the seller. All prices for goods and services in the online store, as well as all fees, are listed including VAT.
2.4. The binding acceptance of the order includes, in particular, data on the designation and specification of the goods that are the subject of the purchase agreement, data on the price of the goods and/or other services, data on the time of delivery of the goods, the designation and data of the place of delivery of the goods, and data on the price, conditions, method, and date of delivery of the goods to the buyer (consumer) to the agreed place of delivery, data on the seller (company name, registered office, company ID, registration number, etc.), or other data.
2.5. If a defect is found in the placed order, the buyer can contact the seller by phone or email (contact details are provided in the introduction of these General Terms and Conditions).
2.6. The Buyer may notify the Seller of the cancellation of the order within 12 hours of receiving the order, via email or telephone, provided that the contract has not yet been validly concluded according to Article 2. This provision does not affect the Buyer's right to withdraw from the contract (if it has already been concluded), the subject of which is the delivery of goods, even before the start of the withdrawal period. The Buyer is obliged to provide their name, email address, and a description of the ordered goods in the notification of cancellation of the order. If the Buyer paid the purchase price or a part of it to the Seller before canceling the order, the Seller will refund the already paid purchase price or part thereof within 14 days of the cancellation of the order, in the same way the Buyer used for payment.
2.7. Pursuant to Act no. 222/2004 Coll. on Value Added Tax, data on an already issued tax document (invoice) cannot be modified. Data on the tax document (invoice) can only be modified if the consumer has not yet received and paid for the goods.
2.8. The Seller reserves the right to cancel the order in case of stock depletion or unavailability of the goods (e.g., due to unfavorable weather conditions necessary for digging up seedlings).
3. Rights and Obligations of the Seller
3.1 The Seller is obliged, in particular:
a) to deliver the goods to the consumer in the agreed quantity, quality, and deadline, based on the order confirmed by the trader, and to pack them or prepare them for transport in a manner necessary for their preservation and protection,
b) to ensure that the delivered goods comply with the relevant legal regulations of the Slovak Republic,
c) to hand over to the consumer, together with the goods, all documents necessary for the takeover and use of the goods, as well as other documents prescribed by applicable law (operating instructions in the Slovak language, certificates, tax document), in written or electronic form,
d) to sell and deliver the product at the agreed prices and fees, correctly charge the prices and fees during the sale and delivery of the product, and hand over to the consumer proof of payment of the price,
e) to display the company name and registered office or a place of business designated for consumers and opening hours in a suitable and permanently visible place in the establishment,
f) to provide the consumer with all information and documents in the Slovak language, or with the consumer's consent, in another language understandable to the consumer, and in the form prescribed by law.
3.2. The Seller is entitled to demand timely and proper payment of the purchase price for the delivered goods from the Buyer.
3.3. The Seller is entitled to cancel the order before its binding acceptance if they are unable to deliver the goods to the Buyer within the period specified in these terms and conditions or at the price listed in the online store due to stock sell-out or unavailability of the goods, unless an alternative fulfillment has been agreed upon with the Buyer. The Buyer will be notified of the cancellation of the order by email, SMS, or letter.
4. Rights and Obligations of the Buyer
4.1 The Buyer is obliged, in particular:
a) to take over the purchased or ordered goods,
b) to pay the agreed purchase price to the Seller within the agreed payment deadline, including the costs of delivering the goods,
c) not to damage the Seller's good name,
d) to confirm the takeover of the goods by signing the delivery note or the signature of a person authorized by them.
4.2 The Buyer is entitled to the delivery of the goods in the quantity, quality, time, and place as agreed by the contracting parties in the binding acceptance of the order.
4.3 The Buyer is entitled to:
a) the protection of health, safety, and economic interests,
b) information to the extent and under the conditions specified in this law and in legally binding legal acts of the European Union,
c) the exercise of rights arising from liability for product defects.
5. Prices and Payment Terms
5.1. All prices are stated in Euros (EUR), including VAT. The Seller is a VAT payer. The Seller reserves the right to change prices; the price valid at the moment of placing the order applies to the buyer.
5.2. The final price is stated on the order form, immediately before sending the order, and includes VAT, or any other taxes and fees (packaging, postage, transport...) that the Buyer must pay to receive the product or service.
5.3. The Buyer is obliged to pay the purchase price for the agreed goods to the Seller within the period specified in the Purchase Agreement, but no later than upon takeover of the goods.
5.4. In the case of ongoing promotions, the sale of goods on the Seller's website is governed, in addition to these general terms and conditions, by the binding conditions of the respective promotion. If the buyer orders the goods in violation of the conditions of the respective promotion, the Seller is entitled to cancel the buyer's order. The buyer will be notified of the order cancellation via email, and in case of payment of the purchase price or a part thereof, the funds will be refunded to the account specified by the buyer within 14 days, unless otherwise agreed with the seller.
5.5. The Buyer can pay the purchase price using the payment methods available in the ordering process (online payment, bank transfer, or cash on delivery).
6. Delivery Conditions
6.1. The Seller will deliver the ordered goods to the address specified in the order.
6.2. The Seller delivers the goods to the Buyer in the following ways:
a) Takeover – Personal pickup daily between 7:00 and 16:00.
b) Delivery – by own transport, courier, or shipping company.
6.3. The buyer acknowledges that the seller also offers specific goods through its e-shop, e.g., trees, seedlings. In this regard, the buyer acknowledges that the deadline and method of seedling delivery depend on the growing season and conditions suitable for transport. The seller is not responsible for delays caused by the carrier or an incorrectly provided address.
6.4. The Seller undertakes to deliver the ordered goods to the Buyer within a reasonable time (hereinafter referred to as the "delivery period"). The delivery of goods from a confirmed order by the Seller is carried out within 2 working days from the binding confirmation of the order, adapted to the Seller's operational capabilities. In exceptional cases, the Seller may unilaterally extend the delivery period. The Seller reserves the right to extend the delivery period in case of force majeure, or in cases where delivery within the usual delivery period is not possible due to objective reasons. In case of a change in the delivery period, the Seller will inform the Buyer about this fact via electronic message (email) or SMS. The Buyer is also informed about the dispatch of the goods or their readiness for personal collection via electronic message (email) and/or SMS.
6.5. If the order contains several items of goods and some of them are not in stock, the seller will inform the buyer of this fact directly through the e-shop or by email and they can agree on the possibility of partial deliveries, provided that the buyer accepts the increased shipping costs.
6.6. If the Seller has not fulfilled their delivery obligation within the agreed period, the Buyer is obliged to call upon the Seller to deliver the product within an additional reasonable period provided by the Seller. If the Seller fails to deliver the product within this additional reasonable period, the Buyer is entitled to withdraw from the contract.
6.7. The Buyer may withdraw from the contract without providing an additional reasonable period if:
a) the Seller has refused to deliver the product,
b) timely delivery was extremely important given all the circumstances surrounding the conclusion of the contract,
6.8. The Seller reserves the right to refuse the order and/or withdraw from the purchase contract:
a) of a non-standard or speculative nature,
b) due to the sell-out of the goods, their unavailability, or if the manufacturer has discontinued production or carried out such significant changes that make it impossible for the Seller to fulfill its obligations arising from the Buyer's order, or due to force majeure,
c) in the event that the Seller, despite all efforts that can be reasonably expected of them, is unable to deliver the goods to the Buyer within the deadline specified in these GTC or at the ordered price.
7. Withdrawal from the Contract and Return of Goods
7.1. The buyer is entitled to withdraw from the purchase contract due to stock sell-out, unavailability of goods, or if the manufacturer, importer, or supplier of the goods agreed upon in the purchase contract has suspended production or carried out such significant changes that made it impossible for the seller to fulfill its obligations arising from the purchase contract, or
due to force majeure, or if, despite all efforts that can be reasonably expected of them, they are unable to deliver the goods to the buyer within the deadline specified in these terms and conditions.
7.2. The seller is obliged to inform the buyer of this fact without delay and return the deposit already paid for the goods agreed upon in the purchase contract, without undue delay, but no later than 14 days from the announcement of withdrawal from the contract, in the same way that the buyer used to make the payment. This does not affect the buyer's right to agree with the seller on another payment method, provided that the buyer is not charged any additional fees in this regard. The seller is also entitled to withdraw from the purchase contract if the buyer does not take over the goods within 15 working days from the date on which they were obliged to take over the goods.
7.3. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with the provisions of Section 7 et seq. of Act no. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the "Consumer Protection in Distance Selling Act") within 14 days from the takeover of the goods or the conclusion of the contract for the provision of services, provided that the seller has fulfilled their information obligations under Section 3 of the Consumer Protection in Distance Selling Act in time and properly.
7.4. The goods are considered taken over by the Buyer when the Buyer or a third person designated by them, with the exception of the carrier, takes over all parts of the ordered goods, or if:
a) the goods ordered by the Buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
7.5. When exercising the right of withdrawal, the Buyer is obliged to inform the Seller with a clear statement (e.g., a letter sent by post, fax, or email) to the Seller's addresses provided above, which letter must contain the data requested therein, especially the exact specification of the goods, the date of the order, the first and last name of the Buyer/consumer, the address of the Buyer/consumer, and the signature of the Buyer/consumer.
7.6. The Buyer is obliged to return the undamaged and unopened goods within 14 days from the day of withdrawal from the Purchase Agreement, or to hand over the goods to the Seller at the address Prša 99, 98541 Prša, Lučenec district. The deadline pursuant to the first sentence is considered met if the Buyer sends the goods to the Seller no later than the last day of the deadline. The Seller does not accept shipments sent by cash on delivery.
7.8. In the event of withdrawal from the Purchase Agreement, the Buyer only bears the costs of returning the goods to the Seller.
7.9. The Buyer is responsible for the reduction in the value of the goods that arose as a result of handling the goods beyond what is necessary to ascertain the properties and functionality of the goods.
7.10. Pursuant to the provisions of Section 7(6) of the Consumer Protection in Distance Selling Act, the Buyer may not withdraw from a contract the subject of which is, in particular:
a) the sale of goods liable to deteriorate or expire rapidly (e.g., live plants and seedlings after unprofessional removal from the soil or improper storage at the buyer's premises).
b) the sale of goods sealed in protective packaging that are not suitable for return for health protection or hygiene reasons and whose protective packaging has been damaged after delivery.
8. Acquisition of Ownership and Transfer of Risk of Damage to Goods
8.1 The Buyer acquires ownership of the goods only upon full payment of the total purchase price. Goods are considered delivered at the moment of personal takeover of the goods or takeover from the shipping company.
8.2 The risk of accidental destruction, accidental deterioration, loss, or other damage to the goods transfers to the Buyer at the moment the goods are handed over by the Seller.
9. Conformity with the Contract
9.1 The product sold must have the quality, quantity, measure, or weight, workmanship agreed upon or stipulated by law, and must be free of defects, and in particular must comply with mandatory technical standards. If special rules must be followed when using the product, the trader is obliged to inform the consumer about them, unless these are generally known rules.
9.2 The display of color shades depends, among other things, on the quality of the monitor or other display device used.
10. Complaints and Warranty
Liability for defects is governed by the Seller's complaint procedure (in more detail in the "Complaint Procedure" section) and the relevant laws of the Slovak Republic. The Buyer is obliged to check the shipment immediately upon takeover and report all visible damage to the carrier and the Seller.
11. Personal Data Protection
Personal data is processed in accordance with the GDPR and the Act on Personal Data Protection. Detailed information can be found in the "Personal Data Protection" section.
12. Final Provisions
12.1 These General Terms and Conditions enter into force from the moment of their publication.
12.2. The Seller reserves the right to change these General Terms and Conditions. The obligation of written notification of the change to these General Terms and Conditions is fulfilled by publishing them on the Seller's e-commerce website.
12.3 If the purchase agreement is concluded in writing, any changes thereto must be made in writing.
12.4 The contracting parties have agreed that communication between them will take place mainly via email or letter.
12.5 The relevant provisions of Act no. 40/1964 Coll., the Civil Code, Act no. 108/2024 Coll. on Consumer Protection and on the amendment and supplementation of certain laws, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), and Act no. 18/2018 Coll. on Personal Data Protection shall apply.
12.6 These General Terms and Conditions enter into force with respect to the Buyer (consumer) upon the sending of the electronic order by the Buyer (consumer).