Terms of Service

Article I

General Terms

1. These terms and conditions govern the rights and obligations of the contracting parties arising from a distance sales contract between the seller and the buyer, concerning the sale and purchase of goods through the online store https://healtern.com/

2. These terms and conditions are an integral part of the purchase contract specified in Article 1, Paragraph 1 of these terms. If the seller and buyer enter into a written sales contract with terms that differ from these general conditions, the provisions of the sales contract will take precedence over the general terms and conditions.

3. These terms and conditions define the rights and obligations of the contracting parties arising from the purchase contract and provide information in accordance with § 3, Paragraph 1 of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Business Premises, as well as amendments to certain laws and other relevant legal regulations.

4. These terms and conditions are drafted in accordance with:

• Act No. 40/1964 Coll., Civil Code, as amended, 

• Act No. 250/2007 Coll., on Consumer Protection, as amended by later legislation, 

• 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, as amended,

• Act No. 22/2004 Coll., on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and on Amendments to Certain Laws, as amended by Act No. 284/2002 Coll., as amended by later legislation,

• Act No. 452/2021 Coll., on Electronic Communications, as amended by later legal regulations, 

• Act No. 391/2015 Coll., on Alternative Resolution of Consumer Disputes, as amended by later legislation.

and with other relevant legal regulations. 

5. These terms and conditions are available on the online store website https://healtern.com/ and can be archived and reproduced by the buyer.

6. By placing an order, the buyer confirms they have thoroughly reviewed and understood the terms and conditions.

7. The contracting parties may agree to amend these terms and conditions prior to concluding the purchase contract, ensuring the equality of both parties.

Article II

Definition of Terms

1. The seller is the operator of the online store https://healtern.com/

Business name: Healtern s.r.o.                

Registration: Commercial Register of the District Court in Prešov, Section Sro, File No. 44332/P

Headquarters: Záhradná 536/7, 059 35 Batizovce, Slovakia                                  

IČO:          54 707 579                                  

DIČ:          2121767538                                

IČ DPH:     SK2121767538                                 

email:         info@healtern.com                                  

phone: +421 907 996 419                             

2. The buyer is a natural or legal person who purchases products or uses services, either as a consumer or as an entrepreneur. 

3. The buyer is considered a consumer according to § 2(a) of Act No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the Consumer Protection Act). A consumer is a natural person who, when entering into and fulfilling a consumer contract, does not act within the scope of their business activity, employment, or profession.  

4. A consumer contract is any contract, regardless of its legal form, that the seller enters into with the consumer.

5. A contract concluded at a distance is a contract between the seller and the buyer that is agreed upon and concluded exclusively through one or more means of remote communication, without the simultaneous physical presence of the seller and the consumer. This is typically done using a website, email, telephone, fax, postal mail, or an offer catalog. 

6. Legal relations between the seller and the buyer-consumer that are not explicitly regulated by these terms and conditions are governed by the relevant provisions of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection, Act No. 102/2014 Coll. on Consumer Protection when Selling Goods or Providing Services Based on a Distance Contract or a Contract Concluded Outside the Seller’s Premises, and the Amendment of Certain Laws, as amended by subsequent legal regulations, as well as other related regulations. 

7. The buyer is considered an entrepreneur under § 2, paragraph 2 of Act No. 513/1991 Coll. Commercial Code, as amended (hereinafter referred to as the "Commercial Code"): 

• A person registered in the commercial register,

• A person who conducts business based on a trade license,

• A person who conducts business based on a license other than a trade license according to special regulations, 

• A natural person engaged in agricultural production and registered in accordance with a special regulation.

8. The supervisory body is: 

Slovak Trade Inspection (SOI)
SOI Inspectorate for the Prešov Region 

Obrancov mieru 6, 080 01 Prešov 1   

Department of Supervision 

pr@soi.sk 

tel. no. 051/772 15 97 

fax no. 051/772 15 96 

 

Article III

Conclusion of the Purchase Contract

1. The list of goods on the website of the online store https://healtern.com/ serves as a catalog of commonly available products, and the seller does not guarantee the immediate availability of all listed items. The availability of goods is indicated for each product separately or will be confirmed by the seller upon the buyer's request.

2. The goods offered by the seller can be ordered through one of the following means of remote communication:

• Website 

• Electronic mail

• Telephone 

Order via E-shop

When purchasing through the online store, begin by adding the selected items to the basket by clicking "Add to basket." After finishing your shopping, click on the shopping cart to proceed to the cart page. There, after reviewing the selected items, click "Continue to the next step" and choose either a purchase with or without registration. Next, fill in the invoice and, if applicable, delivery details, select the preferred method of delivery and payment, and click "Continue to the next step" to reach the order summary. Confirm the order by clicking "Order with payment obligation."

The buyer has the opportunity to review and, if necessary, correct the order before submitting it.

Order by E-mail 

To place an order via e-mail, please send it to [insert email address]. Ensure the order includes the following details: 

• Buyer's full name

• Delivery address

• Phone number or email

• Product order code or exact product name

• Quantity of each item

• Order date

• Preferred payment method

• Delivery and pickup method

and, in the case of a legal entity, please also include:

• Company ID (IČO) and SK Tax ID (TIN)

• Contact person and phone number

• Billing address (if different from the delivery address)

For an order to be valid, all the above information must be provided. 

Order by Telephone

Orders placed by telephone must also be confirmed via email.

3. The steps required to conclude a purchase contract are outlined in these terms and conditions. 

4. An order placed via any remote communication method is binding. 

5. By submitting the order, the consumer acknowledges the obligation to pay the purchase price as part of the order. 

6. Upon receiving a binding order, the seller will confirm the purchase contract by email. This confirmation finalizes the contract, making it binding; it may only be modified or canceled with the agreement of both parties or for legal reasons. 

7. The seller will retain the purchase contract for a minimum of five years to ensure its successful fulfillment and compliance with legal obligations. The contract will not be accessible to third parties not involved in the transaction. 

 

Article IV

Rights and Obligations of the Contracting Parties

1. The subject of the purchase contract defines the rights and obligations of the contracting parties. 

2. In particular, the seller is obliged to:

1. Provide the consumer with information in accordance with the relevant provisions of the Consumer Protection Act and the Act on Consumer Protection in the context of selling goods or providing services under a contract concluded at a distance or outside the seller's premises, as well as any amendments to these laws and other applicable regulations.

2. Pack the goods securely for transport to prevent damage. 

3. Deliver the ordered goods to the consumer at the specified destination, ensuring timely and proper delivery.

4. Provide the buyer with all necessary documents for the proper acceptance and use of the goods, in accordance with relevant legal regulations, no later than when the goods are delivered. 

3. The seller has the right to receive the purchase price in full and on time. 

4. In particular, the buyer is obliged to:

1. Take delivery of the goods at the destination on time. 

2. Pay the seller the agreed purchase price by the due date, including any delivery costs, unless the parties have agreed that the seller will bear the cost of delivery. 

3. Confirm receipt of the goods on the delivery note, either with their own signature or that of an authorized representative.

5. The buyer has the right to receive the goods from the seller in proper condition and on time. 

Article V

Price of Goods or Services

1. The prices of individual products are current and valid on the website of the online store https://healtern.com/. Prices are stated inclusive of value-added tax (VAT) at the applicable rate, or exclusive of VAT if the seller is not registered for VAT, along with all other applicable taxes. 

2. The final price is the total amount displayed in the order form just before submitting the binding order. This price includes VAT, any other taxes, and additional fees (e.g., shipping), all of which the buyer must pay to complete the purchase. The final price can only be changed with the mutual agreement of both parties. 

3. The listed prices for individual products apply exclusively to purchases made through the online store. 

4. The proof of sale, including the price of the goods, is the invoice (tax document), which is either included in the shipment or sent via email. This invoice also serves as a delivery and warranty certificate. 

Article VI

Postage and Packaging

1. The cost of delivering the goods is borne by the buyer, unless the contracting parties agree otherwise. 

2. Delivery Costs within the Slovak Republic: 

• €4.50 via courier

• €3.50 via Packeta/Depo

• €4.00 via Slovak Post 

• An additional €1.00 (including VAT) applies for cash on delivery.

3. Delivery costs for international orders will be calculated individually based on the weight of the goods. 

4. The seller does not charge for packaging.

Article VII

Payment Terms

1. The buyer is obliged to pay the agreed purchase price, including the delivery costs, to the seller by the due date, and no later than upon receipt of the goods. 

2. The buyer may pay the purchase price using the following methods:

• Cash on Delivery 

The buyer pays for the ordered goods only upon receipt, either at the post office or from the courier. A cash on delivery fee is charged in addition to the price of the order and is included in the total price.  

• Payment in Advance via Bank Transfer

The buyer can pay for the goods in advance via bank transfer. 

If the customer does not pay for the ordered goods within 10 days of the order confirmation when choosing payment by bank transfer in advance, the seller has the right to cancel the reservation of the goods and mark the order as invalid. In such a case, the purchase contract will be considered expired.

• Payment by Online Payment Card
• Payment via PayPal

Article VIII

Delivery Conditions

1. The seller agrees to deliver the ordered goods to the buyer within 30 days from the date of order confirmation. If delivery within this period is not possible, the parties may agree on an extended delivery time. The buyer will be notified by email when the goods are dispatched.  

2. The cost of delivery depends on the chosen delivery method, and the exact delivery costs will be displayed in the order once the delivery method is selected.

3. The buyer is required to take receipt of the goods at the designated delivery address, either personally or by ensuring that an authorized person takes delivery on their behalf. 

4. Once the goods are handed over to the carrier for transport, the carrier assumes responsibility for any damage. Therefore, the buyer, or an authorized representative, must inspect the packaging upon receipt of the goods. If the packaging is damaged, a record of the damage must be made with the carrier at the time of delivery, documenting any defects caused during transit.

5. The buyer is entitled to refuse acceptance of a shipment that does not comply with the purchase contract. In such cases, a record of the refusal must be made with the carrier.

6. If the buyer accepts the goods despite obvious damage to the packaging, the seller is not obligated to accept any subsequent complaints related to this damage.  

7. Upon receipt of the goods, the buyer is required to inspect them and promptly inform the seller of any defects discovered. If the buyer finds damage or any other defects after taking possession of the goods, this must be reported without undue delay. Any incomplete or damaged shipments must be reported promptly via email to info@healtern.com.

8. At the time of receipt, the buyer, or an authorized representative, must sign the delivery note. 

9. If the goods are not delivered within the time frame specified in Article VIII, paragraph 1 of these terms and conditions, the buyer is entitled to withdraw from the purchase contract. 

Article IX

Acquisition of Ownership and Transfer of Risk 

1. The buyer acquires ownership of the goods upon taking delivery at the specified delivery address.

2. The risk of damage to the goods passes to the buyer at the time of receipt from the seller. If the buyer fails to take delivery on time, the risk transfers at the moment the seller allows the buyer to take possession of the goods, but the buyer does not do so. 

Article X

Withdrawal from the Contract

1. The buyer, if a consumer, may withdraw from the contract in accordance with the relevant provisions of Act No. 102/2014 Coll. on consumer protection in distance selling or contracts concluded outside the seller's premises, as amended by subsequent legislation.

2. The consumer has the right to withdraw from a contract concluded at a distance or from a contract concluded outside the seller's premises within 14 days of the following:

• Receipt of the goods
• Conclusion of a service agreement
• Conclusion of a contract for the provision of electronic content not delivered on a physical medium

3. The goods are considered to have been taken over by the consumer at the moment when the consumer, or a third party designated by the consumer (excluding the carrier), receives all parts of the ordered goods. Specifically:

• If the goods are delivered separately in one order, the goods are considered taken over when the consumer receives the last item.
• If the goods consist of several parts or pieces, they are considered taken over when the consumer receives the last part or piece.
• If the goods are delivered repeatedly over a defined period, the goods are considered taken over when the consumer receives the first delivery.

4. The consumer may withdraw from the contract regarding the delivery of goods even before the withdrawal period expires.

5. However, the consumer cannot withdraw from a contract if it involves:

• The provision of a service, if its provision began with the express consent of the consumer, and the consumer declared that they were properly informed that by giving this consent, they lose the right to withdraw from the contract once the service is fully provided, and if the full provision of the service has already occurred.

• The sale of goods or provision of a service whose price depends on fluctuations in the financial market that the seller cannot control, and which may occur during the withdrawal period.

• The sale of goods made according to the consumer's special requirements, custom-made goods, or goods intended specifically for one consumer.

• The sale of goods that are subject to rapid deterioration or expiry.

• The sale of goods enclosed in protective packaging that are not suitable for return due to health protection or hygiene reasons, if the protective packaging has been opened after delivery.

• The sale of goods that, by their nature, may be inseparably mixed with other goods after delivery.

• The sale of alcoholic beverages, the price of which was agreed upon at the time of contract conclusion, with delivery occurring no earlier than 30 days later, and whose price depends on market fluctuations that the seller cannot control.

• The performance of urgent repairs or maintenance expressly requested by the consumer; this does not apply to service contracts or contracts for the sale of goods (other than spare parts necessary for repair or maintenance) if these contracts were concluded during the seller's visit to the consumer and the consumer did not order the services or goods in advance.

• The sale of sound recordings, video recordings, audiovisual recordings, books, or computer software sold in protective packaging, if the consumer has unpacked the packaging.

• The sale of periodicals, except for sales based on a subscription agreement, and the sale of books not supplied in protective packaging.

• The provision of accommodation services for purposes other than accommodation, transportation of goods, car rental, catering services, or services related to leisure activities, where the seller agrees to provide these services at the agreed time or within the agreed period.

• The provision of electronic content not supplied on a physical medium, if its provision began with the consumer's express consent, and the consumer has been informed that by giving this consent, they lose the right to withdraw from the contract.

6. The consumer can exercise the right to withdraw from the contract by sending a notice to the seller’s company address or by email. The consumer may use the contract withdrawal form for this purpose. 

7. The withdrawal deadline is considered met if the notice of withdrawal is sent to the seller no later than the last day of the specified period. 

8. The consumer must return the goods or hand them over to the seller, or to a person authorized by the seller to accept the goods, within 14 days from the date of withdrawal. This does not apply if the seller offers to collect the goods personally or through an authorized representative. The deadline is considered met if the goods are handed over to the carrier for transport by the last day of the 14-day period.

The consumer must return the goods or hand them over personally to the seller at the following address:

Healtern s.r.o.

Záhradná 536/7

059 35 Batizovce

The consumer may only return goods that are not damaged, destroyed, or otherwise worn as a result of handling beyond what is necessary to assess the properties and functionality of the goods. 

9. The seller is obliged to refund all payments received from the consumer under the contract, including shipping, delivery, postage, and any other costs and fees, without undue delay and no later than 14 days from the date of receiving the notice of withdrawal from the contract. The refund will be made using the same payment method the consumer used for the original transaction. This does not affect the consumer's right to agree with the seller on an alternative payment method, provided no additional fees are incurred by the consumer.

10. The parties may agree that instead of a refund, the seller will offer a replacement for the returned goods with other goods of equivalent value from the seller's offer.

11. In the case of withdrawal from a contract for the sale of goods, the seller is not obligated to refund payments to the consumer until the goods are returned or until the consumer provides proof of shipment back to the seller, unless the seller has agreed to collect the goods personally or through an authorized representative. 

12. The seller is not obliged to reimburse the consumer for additional costs if the consumer explicitly chooses a delivery method that is more expensive than the seller’s cheapest standard delivery option. Additional costs refer to the difference between the chosen delivery method and the cost of the seller's most affordable delivery option.

13. In the case of withdrawal from the contract, the consumer is responsible for the costs of returning the goods to the seller or the seller’s authorized representative. If the contract was concluded at a distance, the consumer is also responsible for the return costs of goods that, due to their nature, cannot be returned by post.

14. If the consumer withdraws from the contract, they are liable for any reduction in the value of the goods resulting from handling the goods in a manner beyond what is necessary to determine their properties and functionality. 

15. The seller recommends that the consumer insure the goods being returned. The consumer assumes the risk of any damage to the goods until they are received by the seller.

16. If the buyer does not submit the notice of withdrawal from the contract along with the returned goods, the seller will contact the buyer by phone or email to request the missing information or documents. If the buyer fails to provide the notice of withdrawal or complete the required information within the additional period, the seller reserves the right to cease processing the return, and the goods will be sent back to the buyer at the address provided in the order.

17. The seller reserves the right not to accept goods sent by the buyer as cash on delivery.

18. Withdrawal from the contract by a business buyer is governed by the relevant provisions of the Commercial Code.

19. The seller has the right to withdraw from the contract if they are unable to deliver the goods to the buyer properly or on time, particularly due to the goods being out of stock or unavailable. The buyer will be informed of the order cancellation by phone or email. If the purchase price or part of it has been paid, the funds will be refunded to the buyer within 15 days to the account provided, unless otherwise agreed with the seller.

 

Article XI

Dispute Resolution

1. Legal relations arising between the seller and the buyer in connection with the use of the online store and the conclusion of the contractual relationship are governed by the laws of the Slovak Republic. 

2. The parties to this legal relationship agree that, in the event of a dispute, the courts of the Slovak Republic shall have jurisdiction. 

3. In the event of a dispute between the seller and the buyer-consumer, the consumer is entitled to contact the seller with a request for redress if the consumer is dissatisfied with how the complaint was handled or believes that the seller has violated their rights. The request for redress may be sent by email to info@healtern.com or by mail to the seller’s address. If the seller responds negatively or fails to respond within 30 days from the date the request was sent, the consumer has the right to submit a proposal for alternative dispute resolution to one of the authorized alternative dispute resolution entities. 

4. The conditions for alternative dispute resolution are governed by Act No. 391/2015 Coll. on Alternative Dispute Resolution. 

5. The consumer may submit a proposal to initiate alternative dispute resolution to the relevant entity, which must be a legal entity registered in the list maintained by the Ministry of the Interior of the Slovak Republic or the Slovak Trade Inspection (www.soi.sk).www.soi.sk). 

6. Additionally, the consumer can file a complaint through the EU's Alternative Dispute Resolution platform, known as RSO. A complaint can be submitted by filling out the online form at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK. The consumer has the right to choose from the available alternative dispute resolution entities.Only the consumer can request the resolution of a dispute through an alternative dispute resolution entity. A consumer is defined as a natural person who, when entering into and fulfilling a consumer contract, does not act within the scope of their business activity, employment, or profession.

7. Only the consumer can request the resolution of a dispute through an alternative dispute resolution entity. A consumer is defined as a natural person who, when entering into and fulfilling a consumer contract, does not act within the scope of their business activity, employment, or profession. 

8. Alternative dispute resolution applies only to disputes arising from consumer contracts concluded at a distance. 

9. The entity handling alternative dispute resolution may reject a proposal in cases specified by law. For example, it may refuse the proposal if the value of the dispute is less than 20 euros, or if the consumer submits the proposal more than one year after receiving the seller’s negative response, or after the 30-day period for responding to the request has expired without a reply. 

10. Alternative dispute resolution is generally free of charge. However, the entity handling the dispute may charge a fee of up to 5 euros to the consumer for initiating the alternative dispute resolution process. 

11. The entity responsible for alternative dispute resolution must handle the process in a way that resolves the dispute as quickly as possible, avoids unnecessary delays, acts efficiently, and avoids imposing unnecessary or disproportionate burdens on the parties involved. Whenever possible, the entity should prioritize telephone and electronic communication.

12. The entity handling alternative dispute resolution must complete the process within 90 days from the date it is initiated. In particularly complex cases, this deadline may be extended by 30 days, with the possibility of further extensions. The entity is required to immediately inform the parties involved of any deadline extensions, along with the reasons for the extension.

13. If the parties are unable to reach an agreement, and the entity handling the alternative dispute resolution concludes, based on the facts discovered during the process, that the seller has violated the consumer's rights under consumer protection laws, it will conclude the process by issuing a non-binding reasoned opinion.

 

Article XII

Seller's Responsibility for Defects and Complaint Conditions

 

1. The seller's responsibility for defects, as well as the conditions for filing and processing complaints, are governed by the relevant provisions of the complaint procedure adopted by the seller and published on the website https://healtern.com/. 

Article XIII

Validity of the Contract

 

1. The purchase contract is concluded for a specified period, lasting until all obligations of both parties arising from the contract and these terms and conditions, which form an integral part of the contract, have been properly fulfilled. 

 

Article XIV

Protection of Personal Data

1. The seller processes the personal data of buyers in accordance with Regulation (EU) 2016/679 of the European Parliament and Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (commonly referred to as the "GDPR"), as well as in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data (referred to as the "Personal Data Protection Act").

2. he details regarding the processing of personal data by the seller are outlined in the Personal Data Protection section on the website https://healtern.com/. 

 

Článok XV

Final Provisions

1. These terms and conditions apply as stated on the website of the online store https://healtern.com/ on the day the order is submitted by the buyer, unless the parties agree otherwise.

2. The seller reserves the right to amend these terms and conditions at any time, should changes in business policy or applicable legislation require it.

3. These terms and conditions have been prepared by the law firm Lanikova Group, s.r.o. for the operator of the online store and are protected under Act No. 185/2015 Coll., the Copyright Act, as amended. Any use of this work, including but not limited to copying, publishing, modifying, or distributing, is prohibited without the author's consent.

4. These terms and conditions are effective as of October 1, 2022.