Legal · laherba.eu

General Terms and Conditions

The e-shop laherba.eu is operated by LAHERBA, s.r.o., a company based in Bratislava, Slovakia. These terms explain how orders, payment, delivery, returns and claims work – please read them before placing your order.

Contents

Section I

Introductory Provisions

These General Terms and Conditions (hereinafter referred to as the "GTC") of the commercial company LAHERBA, s.r.o., Karpatské námestie 10/A, 831 06 Bratislava, Slovak Republic, Company ID (IČO): 54304610, Tax ID (DIČ): 2121645746, email: laherba@laherba.eu (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store.

The online store is operated by the Seller at the internet address www.laherba.eu via the web interface (hereinafter referred to as the "Store Web Interface").

The GTC further govern the rights and obligations of the contracting parties when using the Seller's website located at www.laherba.eu (hereinafter referred to as the "Website") and other related legal relations. The GTC do not apply to cases where a person intending to purchase goods from the Seller acts within the scope of their business activity when ordering the goods.

Provisions deviating from the GTC may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the GTC. The provisions of the GTC are an integral part of the Purchase Contract.

The Seller may change or supplement the wording of the GTC. This provision does not affect the rights and obligations that arose during the period of validity of the previous version of the GTC.

User Account

Based on the Buyer's registration carried out on the Website, the Buyer may access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). The Buyer may also order goods without registration directly from the Store Web Interface.

When registering on the Website and ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary for accessing their User Account and acknowledges that the Seller is not responsible for the Buyer's breach of this obligation.

The Buyer is not entitled to allow the use of the User Account by third parties. The Seller may cancel the User Account, especially if the Buyer does not use their User Account for more than 2 years, or if the Buyer breaches their obligations under the Purchase Contract (including the GTC).

The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

Section II

Conclusion of the Purchase Contract

Product Offers and Pricing

The Store Web Interface contains a list of goods offered by the Seller for sale, including the prices of the individual goods offered. The prices of the offered goods are final, including all taxes and fees. The Seller is not registered for VAT in the Slovak Republic and does not charge VAT.

The offer to sell goods and the prices of these goods remain valid for the duration they are displayed in the Store Web Interface. This provision does not limit the Seller's possibility to conclude a Purchase Contract under individually agreed conditions.

All offers to sell goods placed in the Store Web Interface are non-binding and the Seller is not obliged to conclude a Purchase Contract regarding these goods.

Order Process

The Store Web Interface, in the Shopping Cart section, also contains information about the costs associated with the delivery of the goods. To order the goods, the Buyer fills out the order form in the Store Web Interface. The order form primarily contains information about:

(hereinafter collectively referred to as the "Order").

Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, also with regard to the possibility for the Buyer to detect and correct errors made during data entry into the Order.

The Buyer sends the Order to the Seller by clicking the "Submit Order" button, which clearly indicates that submitting the Order entails an obligation to pay. The data provided in the Order are considered correct by the Seller.

Order Confirmation

The Seller shall immediately confirm receipt of the Order to the Buyer by e-mail, sent to the Buyer's e-mail address specified in the user interface or in the Order (hereinafter referred to as the "Buyer's E-mail Address").

The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected shipping costs), to request the Buyer to additionally confirm the Order (for example, in writing or by phone).

The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's E-mail Address.

The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Contract, especially with persons who have previously substantially breached a Purchase Contract (including the GTC).

Buyer's Declaration

The Buyer declares and warrants to the Seller that:

By concluding the Purchase Contract, the Buyer declares that they are 18 years of age or older.

The Seller reserves the right to cancel the Order in case of doubt about the Buyer meeting the condition of legal age.

Remote Communication

The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, telephone calls) are borne by the Buyer.

Section III

Price of Goods and Payment Terms

Pricing and VAT

The price for the goods is known to the customer in advance. The price of each product is stated on the www.laherba.eu web interface. The customer always sees the final price, with no hidden fees.

The Seller is not registered for VAT in the Slovak Republic and therefore does not charge VAT. All prices shown are final.

The final price of the order is the sum of:

All fees are listed in the order form (Shopping Cart) and are included in the final price.

Payment Methods

The Buyer has the option to select the payment method and delivery method in the Shopping Cart. If the payment method or delivery method affects the resulting price, the amount of the fee is stated in the order form and the fee is included in the final price.

The Buyer can make payment for the order via:

Payment Procedures

In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is met at the moment the corresponding amount is credited to the Seller's account.

Minimum Order Value

The minimum order value is set at €10 (or equivalent in local currency). This amount is set due to the efficiency of order processing, administrative costs, and costs for packaging and transport.

Section IV

Delivery of Goods and Delivery Conditions

Dispatch Timeframes

The Seller confirms receipt of the Order to the customer by e-mail. The goods are usually dispatched within 1–2 working days from:

Unless otherwise agreed, the Seller shall deliver the goods no later than 30 days from the conclusion of the Purchase Contract.

Delivery Methods

The method of delivery of the goods and the associated fees are defined in each individual order form. The Buyer has the option to select the payment method and delivery method in the order form. These are included in the final price.

Weight restrictions:

Delivery Within the European Union

For deliveries to EU countries outside the Slovak Republic:

Important Legal Notice for International Orders

The Buyer is responsible for:

The Seller:

By placing an order for international delivery, the Buyer confirms that they have verified the legal status of ordered products in their country and assume full responsibility for compliance with local laws.

Buyer's Obligations Upon Delivery

The Buyer is obliged to:

Failed Delivery

By concluding the Purchase Contract, the Buyer is obliged to take over the ordered goods. If the Buyer breaches their obligation to take over the ordered goods and the shipment is returned to the Seller, the Seller is entitled to claim compensation for the costs actually incurred in connection with the futile delivery and return of the goods (postage, packaging, administrative handling). These costs are quantified at the amount of €6. This amount is payable within 15 days from the moment the ordered shipment was handed over to the first carrier. The Seller is entitled to set off this claim against the Buyer's payment.

Section V

Withdrawal from the Contract

The Consumer is entitled to withdraw from the Purchase Contract without giving any reason within 14 days of receiving the goods, in accordance with Slovak Act No. 108/2024 Coll. on Consumer Protection and Directive 2011/83/EU on consumer rights.

Withdrawal via the online function on the Website: The Consumer may withdraw from the contract by using the withdrawal function (the "Withdraw from Contract" button) available on the Store Web Interface at www.laherba.eu throughout the entire withdrawal period. After the Consumer completes and submits the withdrawal through this function, the Seller shall without undue delay confirm receipt of the withdrawal to the Consumer on a durable medium, by sending it to the Consumer's e-mail address.

The Consumer may also withdraw by e-mail to laherba@laherba.eu, in writing to the Seller's address, or by any other unequivocal statement addressed to the Seller. The use of the withdrawal function or the model withdrawal form is not mandatory.

Exceptions to the Right of Withdrawal

In accordance with applicable consumer protection legislation, the Consumer cannot withdraw from a Purchase Contract for the supply of:

The Buyer acknowledges that for goods excluded from the right of withdrawal (in particular ethnobotanical samples in sealed packaging once opened), the withdrawal function cannot be used for such goods.

Procedure for Withdrawal

If the Buyer decides to withdraw from the contract within the statutory period (and the exceptions above do not apply), they must inform the Seller of this fact, e.g. by e-mail to laherba@laherba.eu. The Buyer shall state their name, order number, and bank account number (IBAN) for the refund.

The Buyer shall send the goods back to the Seller's address without undue delay, no later than 14 days from the withdrawal. The goods should be returned complete, undamaged, and clean. The Seller recommends returning the goods in the original packaging to prevent damage during transport. The Buyer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature and characteristics.

The Seller explicitly states that parcels sent via "cash on delivery" (COD) will not be accepted. The direct costs of returning the goods are borne by the Buyer.

The Seller shall refund all payments received from the Buyer, including the cost of delivery to the Buyer (except for additional costs arising from a delivery method other than the least expensive standard delivery offered by the Seller), no later than 14 days from the day the withdrawal was received. The Seller is not obliged to make the refund before the goods are delivered back to the Seller or before the Buyer proves that the goods have been sent back, whichever occurs first. The refund will be made using the same payment method that the Buyer used, unless the Buyer expressly agrees otherwise, without any additional fees.

Section VI

Warranty and Claims

Warranty Period

The rights arising from liability for defects of the goods sold through the e-shop are governed by the Slovak Civil Code (Act No. 40/1964 Coll.), Act No. 108/2024 Coll. on Consumer Protection and applicable EU legislation.

If the Buyer is a consumer and a longer period is not stated in the warranty certificate, the warranty period is 24 months from the takeover of the goods.

If a period for the use of the item is marked on the sold item, its packaging, or the instructions attached to it in accordance with special legal regulations, the warranty period ends upon the expiration of this period.

How to Make a Claim

The Buyer may make a claim by e-mail to laherba@laherba.eu or in writing to the Seller's address. The Seller shall issue the Buyer a confirmation of the claim on a durable medium (e.g. by e-mail).

Claims Processing Time

The Seller is obliged to:

After the expiration of 30 days, the Buyer has the same rights as if it were an unremovable defect.

Warranty Exclusions

The warranty does not cover:

Buyer's Rights When Asserting a Claim

Depending on the nature of the defect, the Buyer has the following rights:

A. Removable defects

If the defect is removable, the Buyer has the right to have it removed free of charge, timely, and properly. The Seller is obliged to remove the defect without undue delay.

If this is not disproportionate given the nature of the defect, the Buyer may demand:

If such a procedure is not possible, the Buyer may request:

B. Unremovable defects preventing proper use

If the defect is unremovable and prevents the proper use of the goods, the Buyer has the right to:

The Buyer has the same rights if:

Repeated occurrence of a defect means: the same defect preventing proper use, which has already been removed at least twice during the warranty period, occurs again.

A larger number of defects means: the item simultaneously has at least three defects preventing its proper use.

C. Other unremovable defects

If the defects are other unremovable defects and the consumer does not demand the exchange of the item, they have the right to:

D. Costs associated with claims

When asserting a claim, the Buyer is obliged to:

In the case of a justified claim, the Buyer has the right to reimbursement of:

In the case of an unjustified claim, the goods will be sent back to the customer at their expense.

The costs associated with the transport of the goods to the customer after the settlement of a justified claim are paid by the Seller.

E. Warranty period extension

Section VII

Security and Protection of Information

Confidentiality

The Seller declares that all personal data is confidential and will only be used to carry out the performance of the contract with the Buyer. Personal data will not be otherwise disclosed or provided to third parties, with the exception of situations related to:

GDPR Compliance

The e-shop operator, LAHERBA, s.r.o., as the personal data controller (hereinafter referred to as the "Controller"), hereby, in accordance with Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (hereinafter referred to as the "GDPR"), and Slovak Act No. 18/2018 Coll. on Personal Data Protection, informs its customers (hereinafter individually referred to as the "Data Subject") that:

A. Purpose and legal basis for processing

The personal data of the Data Subject, which will be handed over to the Controller upon sending the order, will be processed for the purpose of:

The legal basis for processing personal data is:

B. Data collection necessity

The reason for providing personal data to the Controller is the identification of the contracting parties necessary for the conclusion and performance of the Purchase Contract, which would not be possible without providing this data.

C. Data retention period

The personal data of the Data Subject will be processed for the period for which the Controller is obliged to retain this data according to generally binding legal regulations:

D. Automated decision-making

The processing of the Data Subject's personal data will not involve automated decision-making or profiling.

E. Data protection officer

The Controller has not appointed a Data Protection Officer, as it is not obliged to do so given the nature of the processing.

F. Data sharing

The personal data of the Data Subject may be provided to: