General Terms and Conditions

Of the online shop https://www.dgnutrition.sk/

I. Introductory Provisions and Definition of Terms

1.1. These General Terms and Conditions (hereinafter also "GTC") govern the legal relationships between the company

Trade name: Muscle Company, s.r.o.
Registered office: Kutuzovova 17, Bratislava - Nové Mesto 831 03, Slovak Republic
Registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, Insertion No. 106881/B
Business ID: 500 054 21
Tax ID: 2120144378
VAT ID: SK2120144378
Bank account: SK90 0900 0000 0050 7849 5851
The Seller is a VAT payer

(hereinafter also "Seller") and each person who is a Buyer of goods, or services offered by the Seller on the Seller's website, and who acts in the position of a consumer in the sense of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the valid legislation of the Slovak Republic, in particular the laws: Law No. 102/2014 Coll. on consumer protection in selling goods or providing services on the basis of a distance contract or a contract concluded outside the Seller's premises in its valid wording, Law No. 250/2007 Coll. on consumer protection in the wording of subsequent regulations, Law No. 22/2004 Coll. on electronic commerce in its valid wording, Law No. 40/1964 Coll. Civil Code in its valid wording, Law No. 250/2007 Coll. on consumer protection in its valid wording.

1.1.1. Email contact and telephone contact for the Seller is:

• Email: [email protected]
• Phone number: +421919333999

1.1.2. The address for sending written correspondence, complaints, withdrawal from contracts and similar is:

• Muscle Company, s.r.o., Vajnorská 98/B Bratislava - Nové Mesto 831 04 Bratislava, Slovak Republic

1.2. These General Terms and Conditions govern the legal relationships between Buyers who are consumers and the Seller.

1.3. The term "Internet Store" is synonymous with the term "Electronic Store" and "Website".

1.4. The Buyer is any person (natural or legal) who has sent an order primarily using the Seller's website or other remote communication tools.

1.5. The Consumer is a Buyer who is a natural person, and who, when concluding a purchase agreement through the Seller's Website, does not act within the subject of their business activity.

1.6. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with Buyers who act in the position of legal entities, or with natural persons-entrepreneurs who act within the subject of their business activity / Buyers who do not act as consumers / are subject to the provisions of Act No. 513/1991 Coll. Commercial Code as amended.

1.7. For the purposes of these General Terms and Conditions, a distance contract is a contract agreed upon and concluded exclusively through one or more means of remote communication without the simultaneous physical presence of the Seller and the consumer, primarily using the website or other remote communication tools.

1.8. The term Purchase Agreement includes the purchase agreement for products and the contract for the provision of services, in the sense of the meaning of the text stated in these Business Conditions.

1.9. Products (also referred to as "Items" or "Goods") are goods or services intended for sale and are also published on the Seller's Website.

1.10. The Seller is also the operator of the electronic system through which it operates the website at the domain named https://www.dgnutrition.sk/

1.11. The relevant authority exercising supervision over legality in the field of consumer protection is:

Inspectorate of the Slovak Trade Inspection
with its seat in Bratislava for the Bratislava region
Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava
Supervision Execution Department
phone no. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
email: [email protected]
web link for submitting inputs: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

1.12. The Buyer may also address complaints or suggestions directly to the Seller at the address stated in point 1.1.2. of these GTC. The Seller also recommends to the Buyers to send complaints and suggestions (for the sake of expediting the processing) to the Seller's email address: [email protected] Any complaint or suggestion will be assessed and handled by the Seller within 10 working days of its receipt. The Seller will inform the Buyer about its resolution in the same form in which the Buyer delivered the complaint or suggestion to the Seller.

1.13. In accordance with §3, sec. 1, letter n), Act No. 102/2014 Coll., The Seller informs the consumer that there are no specific relevant codes of conduct to which the Seller has committed to adhere to, whereby the code of conduct means an agreement or a set of rules defining the behavior of the Seller, who has committed to adhere to this code of conduct in relation to one or more specific business practices or business sectors, if these are not established by law, or other legal regulation or a measure of public administration that the Seller has committed to adhere to, and about the way in which the consumer can familiarize themselves with them, or obtain their wording.

II. Product Order - Conclusion of a Purchase Agreement

2.1. The proposal to conclude a purchase contract on the part of the Buyer is the sending of a product order carried out primarily using the Seller's website, or other remote communication means.

2.2. A purchase contract between the Buyer and the Seller is concluded at the moment of delivery of the order confirmation to the Buyer, which the Buyer created in accordance with point 2.1. of these GTC by the Seller (electronically to the email address of the Buyer, which the Buyer chose in the process of creating the order).

2.3. The purchase contract is concluded for a fixed term and ceases, in particular, by fulfilling all obligations of the Seller and the Buyer.

2.3.1. The purchase contract may also cease in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contractual parties, withdrawal from the contract by the consumer, and in similar cases.

2.4. The Seller informs the Buyer that in the case of ordering products by the Buyer, the order is associated with an obligation to pay for the Buyer, in the form of payment that the Buyer has chosen.

2.5. The Seller hereby also informs the Buyer that it does not condition the execution of the order by requiring consent to the terms and conditions, considering the decision of the SOI issued under file number SK/0677/99/2015.

III. Purchase Price and Payment Terms

3.1. The price of goods and services ordered through the Seller's Website (hereinafter referred to as the "purchase price") is stated separately for each product and is valid at the moment of the Buyer creating the order.

3.2. The basic currency is the euro.

3.3. The purchase price of goods or services listed on the Seller's Website is the total price of goods or services, including all taxes, and is clearly stated on the Seller's Website.

3.3.1. The purchase price of goods or services does not include shipping costs or other costs associated with the delivery of products.

IV. Payment Methods

4.1. For goods and services on the Seller's Website, you can pay in the following ways:

• Payment by cash on delivery – cost 2.50 Euros
• Online payment through the STRIPE payment gateway - cost 0 Euros
• Cash payment upon personal receipt - cost 0 Euros

V. Delivery of Products

5.1. If the Buyer chooses cash on delivery as the payment method for the order. The Seller is obligated to fulfill the order and deliver the products to the Buyer within a maximum period of 30 days from the conclusion of the purchase contract in accordance with point 2.2. and following of these Terms and Conditions.

5.1.1. If the Buyer chooses a payment method other than cash on delivery for the order, the Seller is obliged to fulfill the order and deliver the products to the Buyer within a maximum of 30 days from the conclusion of the purchase contract in accordance with point 2.2. and following of these Terms and Conditions and the payment of the total order price to the Seller. If both conditions mentioned in point 5.1.1. of these Terms and Conditions are met (i.e., if a purchase contract is concluded and the total order price is paid to the Seller), the Seller is obliged to deliver the products to the Buyer within a maximum of 30 days from the fulfillment of both these conditions.

The usual time when the Seller dispatches products is 1 business day from the conclusion of the purchase contract or 1 business day from the payment of the total order price to the Seller.

5.2. The place of delivery of the ordered product is the address indicated by the Buyer in the order.

5.3. The Seller will deliver the product either directly to the Buyer (or to a person authorized by the Buyer to receive the product), or through third parties (transport and courier companies).

5.4. Delivery of the product is completed when it is received by the Buyer (or by a person authorized by the Buyer to receive the product).

5.5. The Seller can send the product that is immediately available to the Buyer and deliver the rest of the order later within a period consistent with the delivery period according to these Terms and Conditions, but only on condition that this action by the Seller does not result in any additional costs for the Buyer, and only if the Buyer agrees with it.

5.6. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality along with tax documents related to the order, and other documents, if they exist and are typical for the given products or services.

VI. Receipt of the Product

6.1. The risk of damage to the product and liability for damage to the product passes to the Buyer only upon its proper receipt, regardless of whether the Buyer receives the product personally or through an authorized / empowered third party. The Seller recommends that the Buyer check the received order when collecting it.

6.2. Ownership of the products passes to the Buyer upon receipt of the products by the Buyer at the place of delivery designated by the Buyer.

6.3. The Seller has the right to proper and timely payment of the order price from the Buyer for the delivered goods.

VII. Shipping - Methods of Product Transportation and Their Shipping Cost

7.1. Methods of transport and the cost of shipping ordered products:

7.1.1. Forms of Transport:

• GLS Courier Service

7.1.2. Shipping Costs:

• Price for shipping via GLS courier service - price 2.90 Eur
• If the total purchase price of the products in a single order from the Buyer exceeds the sum of 69 Eur, the price for any chosen form of delivery is 0 Eur.

VIII. Withdrawal of the Buyer from the Purchase Contract Without Reason

VIII. Withdrawal of the Buyer from the Purchase Contract Without Reason

• a) receipt of goods according to point 8.1.1. of these Terms and Conditions in the case of contracts, the subject of which is the sale of goods,
• b) conclusion of a contract for the provision of a service or
• c) conclusion of a contract for the provision of electronic content not supplied on a tangible medium.

8.1.1. The goods are considered to be received by the consumer at the moment when the consumer or a third party designated by them, with the exception of the carrier, takes over all parts of the ordered goods, or if

• a) goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods, which was delivered last,
• b) the goods consisting of several parts or pieces are delivered, at the moment of receipt of the last part or the last piece,
• c) goods are delivered repeatedly during a defined period, at the moment of receipt of the first delivered goods.

8.1.2. If the Seller has provided the consumer with the information according to § 3 para. 1 letter h) of Act No. 102/2014 Coll. in its current version only subsequently, but no later than 12 months from the start of the withdrawal period from the contract according to point 8.1. and following of these Terms and Conditions, the period for withdrawal from the contract expires after 14 days from the day when the Seller subsequently fulfilled the information obligation.

8.1.3. If the Seller has not provided the consumer with the information according to § 3 para. 1 letter h) of Act No. 102/2014 Coll. in its current version, even within the additional period according to point 8.1.2. of these Terms and Conditions, the period for withdrawal from the contract expires after 12 months and 14 days from the day of the start of the withdrawal period from the contract according to point 8.1. and following of these Terms and Conditions

8.1.4. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the start of the withdrawal period from the contract.

8.2. The consumer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods no later than 14 days from the day of withdrawal from the contract. This does not apply if the Seller suggests that they will pick up the goods personally or through a person authorized by them. The period according to the first sentence is considered to be maintained if the goods were handed over for transport no later than on the last day of the period. (§10 para. 1 of Act No. 102/2014 Coll.).

8.3. The consumer is obliged, if they want to exercise this right, to announce the withdrawal from the purchase contract to the Seller no later than on the last day of the specified period. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the Seller no later than on the last day of the period to the Seller's address, which is: Muscle Company, s.r.o., Vajnorská 98/B Bratislava - Nové Mesto 831 04 Bratislava, Slovak Republic The consumer can also exercise this right in any of the Seller's branches.

8.4. The consumer may exercise the right to withdraw from the contract with the seller in written form or in the form of a record on another durable medium; if the contract was concluded orally, any unequivocally formulated statement by the consumer expressing their will to withdraw from the contract (hereinafter referred to as the "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract.

8.4.1. If the consumer withdraws from the contract, any supplementary contract related to the contract from which the consumer has withdrawn is also cancelled from the beginning. The consumer cannot be required to bear any costs or other payments related to the cancellation of the supplementary contract, except for the reimbursement of costs and payments specified in § 9 para. 3 and § 10 para. 3 of Act No. 102/2014 Coll. in its current version and the price for the service, if the subject of the contract is the provision of a service and if the service has been completely provided.

8.5. By withdrawing from the contract, the contracting parties are obliged to return the services provided to each other. The consumer is only responsible for the reduction in the value of the goods that has occurred as a result of such handling of the goods that goes beyond the handling necessary to determine the characteristics and functionality of the goods. The consumer is not responsible for the decrease in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract according to § 3 para. 1 letter h) of Act No. 102/2014 Coll.

8.6. The consumer may use the withdrawal form to withdraw from the contract without giving a reason. The mentioned form is freely accessible on the Seller's Website.

8.7. If the consumer withdraws from the contract in accordance with Act No. 102/2014 Coll., they bear the costs of returning the goods to the Seller according to § 10 para. 3 of Act No. 102/2014 Coll., and if they withdraw from a distance contract, also the costs of returning the goods which, due to their nature, cannot be returned by post. This does not apply if the Seller agreed to bear them themselves, or if they did not fulfill the obligation according to § 3 para. 1 letter i) of Act No. 102/2014 Coll.

8.8. The Seller is obliged without undue delay, no later than 14 days from the day of delivery of the notice of withdrawal from the contract, to return to the consumer all payments that he has received from them on the basis of the contract or in connection with it, including costs of transport, delivery and postage and other costs and fees; this does not affect the provision of § 8 para. 5. of Act No. 102/2014 Coll. Consumer Protection Act for the sale of goods or provision of services based on a distance contract or contract concluded outside the Seller's premises and amending and supplementing some laws.

8.9. In accordance with § 9 para. 3 of Act No. 102/2014 Coll. in its current version, the Seller is not obliged to pay the consumer additional costs if the consumer has expressly chosen a different method of delivery than the cheapest common method of delivery offered by the Seller. Additional costs are understood to mean the difference between the delivery costs chosen by the consumer and the costs of the cheapest common method of delivery offered by the Seller.

8.10. In the case of withdrawal from the contract, the Seller recommends sending the products in a registered form. The Seller recommends not sending the goods by cash on delivery, which will not be accepted by the Seller.

8.11. Upon withdrawal from the contract, the consumer bears only the cost of returning the goods to the Seller or to the person authorized by the Seller to accept the goods. This does not apply if the Seller agreed to bear them himself, or if he did not fulfill the obligation according to § 3 para. 1 letter i) of the Consumer Protection Act in the sale of goods or provision of services based on a distance contract or a contract concluded outside the Seller's premises and amending and supplementing some laws.

8.12. Apart from the obligations mentioned in paragraphs 1, 3 to 5 and § 9 para. 3 of Act No. 102/2014 Coll. The exercise of the consumer's right to withdraw from the contract must not result in the occurrence of further costs or other obligations for the consumer.

8.13. The right to withdraw from the contract does not apply to goods and services that are defined in §7 para. 6 letters a) to l) of Act No. 102/2014 Coll.

Specifically:

• a) provision of service, if its provision started with the explicit consent of the consumer and the consumer declared that he was properly informed that by expressing this consent, he loses the right to withdraw from the contract after the complete provision of the service, and if the service was fully provided,
• b) sale of goods or provision of services, the price of which depends on the movement of prices on the financial market, which the Seller cannot influence and which may occur during the period for withdrawal from the contract,
• c) sale of goods made according to the specific requirements of the consumer, goods made to measure or goods specifically intended for one consumer,
• d) sale of goods that are subject to rapid deterioration or damage,
• e) sale of goods sealed in protective packaging, which are not suitable to be returned for health protection or hygiene reasons and whose protective packaging was breached after delivery,
• f) sale of goods that, due to their nature, may be inseparably mixed with other goods after delivery,
• g) sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, and their delivery can be made at the earliest after 30 days and their price depends on the movement of prices on the market, which the Seller cannot influence,
• h) performance of urgent repairs or maintenance, which the consumer specifically requested from the Seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for repairs or maintenance, if they were concluded during the Seller's visit to the consumer and the consumer did not order these services or goods in advance,
• i) sale of audio recordings, video recordings, audiovisual recordings or computer software sold in protective packaging, if the consumer has unpacked this packaging,
• j) sale of periodic press except for sale based on a subscription agreement and sale of books not delivered in protective packaging,
• k) provision of accommodation services for purposes other than living, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the Seller undertakes to provide these services at an agreed time or within an agreed period,
• l) provision of digital content other than on a tangible medium, if its provision began with the explicit consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

8.14. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form as he received them from the consumer. Changing the form of refunding money to the consumer is only possible based on the consumer's consent.

8.15. Upon withdrawal from a contract, the subject of which is the sale of goods, the Seller is not obliged to return the consumer's payments under § 9 paragraph 1 of Act No. 102/2014. Z.z. before the goods are delivered to him or until the consumer proves that he has sent the goods back to the Seller, unless the Seller proposes to pick up the goods personally or through a person authorized by him.

8.16. If the consumer withdraws from the service contract and gave explicit consent before the start of the provision of services according to § 4 para. 6 of Act No. 102/2014. Z.z. as amended, the consumer is obliged to pay the Seller only the price for the actual performance until the day of delivery of the notice of withdrawal from the contract. The price for the actual performance is calculated proportionally based on the total price agreed in the contract. If the total price agreed in the contract is overestimated, the price for the actual performance is calculated based on the market price of the performance provided.

8.17. The consumer is not obliged to pay for

8.17.1. Services provided during the withdrawal period from the contract, regardless of the extent of the performance provided, if:

8.17.1.1. The Seller did not provide the consumer with information according to § 3 para. 1 letter h) or letter j), Act No. 102/2014 Z. z. as amended

8.17.1.2. The consumer did not give the Seller explicit consent to start providing the service according to § 4 para. 6, Act No. 102/2014 Z. z. as amended

8.17.2. Completely or partially provided digital content that is not delivered on a tangible medium, if:

8.17.2.1. The consumer did not give the Seller explicit consent to start providing digital content according to § 4 para. 8, Act No. 102/2014 Z. z. as amended

8.17.2.2. The consumer did not declare that he was properly informed that by expressing consent according to the first point he loses the right to withdraw from the contract, or

8.17.2.3. The Seller did not provide the consumer with a confirmation in accordance with § 6 para. 1 or para. 2 letter b). Act No. 102/2014 Z. z. as amended

8.18. If, based on a contract concluded outside the Seller's premises, the goods were delivered to the consumer's home at the time of concluding the contract and, due to its nature, it is not possible to send the goods back to the Seller by post, the Seller is obliged to arrange for the pickup of the goods at his own expense within the period according to §9 para. 1. Act No. 102/2014. Z.z., as amended

8.19. The Seller informs the Buyer that if the provision of the service is to begin before the expiration of the withdrawal period based on a service contract or if the Buyer requests the provision of the service before the expiration of the withdrawal period:

8.19.1. By granting consent to start providing the service before the expiry of the withdrawal period, the Buyer loses the right to withdraw from the contract after the full provision of the service.

8.19.2. The Seller must have explicit consent from the Buyer to start providing the service before the expiry of the withdrawal period and a statement that the consumer has been properly informed according to point 8.19.1 of these Terms and Conditions.

IX. Alternative dispute resolution

9.1. In the event that the consumer is not satisfied with the way the Seller handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to appeal to the Seller for a remedy. If the Seller rejects the consumer's request according to the previous sentence or does not respond to such request within 30 days from the day of its dispatch by the consumer, the consumer has the right to submit a proposal for the commencement of alternative dispute resolution under the provision of § 12 of Act No. 391/2015 Z.z. on alternative consumer dispute resolution and on amendments to some laws in their current version. The relevant entity for alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another relevant authorized legal entity listed in the list of entities of alternative dispute resolution kept by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/, or directly on the website https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

The Buyer has the right to choose which of the mentioned entities of alternative dispute resolution to turn to. The buyer may use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/, or directly on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Alternative dispute resolution can only be used by a buyer who acts as a consumer in the conclusion and performance of a contract. Alternative dispute resolution only concerns disputes between the consumer and the Seller arising from a consumer contract or related to a consumer contract. Alternative dispute resolution only concerns contracts concluded at a distance. The entity of alternative dispute resolution may reject the proposal if the quantifiable value of the dispute does not exceed the sum of 20 euros. The ADR entity may require the consumer to pay a fee for starting alternative dispute resolution up to a maximum of 5 EUR incl. VAT.

All further information regarding the alternative dispute resolution between the Seller and the Buyer - the consumer arising from the Purchase contract as a consumer contract or related to the Purchase contract as a consumer contract is stated on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Z.z. on alternative consumer dispute resolution and on amendments to some laws as amended.

X. Additional provisions

10.1. A consumer, as defined by § 10 par. 2 of Act No. 102/2014 Coll., as amended, is entitled to refuse the return of goods, which he acquired based on a contract concluded during a sales event or in connection with it, to the Seller until the time when the Seller returns the paid price or down payment for the goods or service to the consumer.
A sales event is an event organized on the basis of an invitation, other invitation addressed to the consumer, or information, the subject of which is primarily the sale of goods or provision of services and during which or within 15 working days of its execution, a contract is concluded with the consumer.

XI. Final provisions

11.1. The Seller reserves the right to change the General Terms and Conditions. The obligation to provide written notification of the change in the General Terms and Conditions is fulfilled by placing it on the Seller's Website. In case of changes in the General Terms and Conditions, the relationship between the Buyer and the Seller is governed by the General Terms and Conditions valid and effective at the time of the conclusion of the Sales contract, until its termination.

11.2. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with natural persons, who do not act within the scope of their business activity when concluding a sales contract according to these Terms and Conditions /consumers/, are subject to general provisions of Act No. 40/1964 Coll., Civil Code, as amended, and special regulations, in particular Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the Seller's premises and Act No. 250/2007 Coll. on consumer protection.

11.3. These General Terms and Conditions form an integral part of the Complaint Procedure and Principles and Instructions on Personal Data Protection of this Website. Documents - Complaint Procedure and Principles and Instructions on Personal Data Protection of this Website are published on the domain of the Seller's Website.

11.4. These General Terms and Conditions come into force and effect by their publication on the Seller's Website on July 1, 2023.

Download document in Slovak language