General Terms and Conditions
eshop laherba.eu, operated by LAHERBA, s.r.o.
I. INTRODUCTORY PROVISIONS
-
These General Terms and Conditions (hereinafter referred to as the "GTC") of the commercial company LAHERBA, s.r.o., with its registered office at Karpatské námestie 10A, Bratislava, 83106, Slovakia, Identification No. (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.sk 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.sk (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. 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.
-
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.
-
The Buyer acknowledges and agrees that the Goods offered by the Seller, especially ethnobotanical samples (such as Rapé, Sananga, herbal mixtures, etc.), are sold exclusively as collector's, decorative, raw material, or ethnobotanical items intended only for external study purposes.
-
The Goods are not intended for human consumption (ingestion), smoking, inhalation, internal use, diagnosis, treatment of any diseases, nor as a nutritional supplement, medicine, or cosmetic product.
-
The Buyer who orders the goods assumes full responsibility for any incorrect, unauthorized, or other use of the goods that is not in accordance with the Seller's declared purpose, including any health or legal consequences.
II. CONCLUSION OF THE PURCHASE CONTRACT
-
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 stated including Value Added Tax and all related fees. 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.
-
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:
-
the ordered goods (the Buyer places the desired goods in the shopping cart),
-
the method of payment of the purchase price, details of the required method of delivery of the ordered goods,
-
information about the costs associated with the delivery of the goods (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. The data provided in the Order are considered correct by the Seller. 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).
-
The Customer declares and warrants to the Supplier that:
-
is fully legally competent, taking into account their age, or is represented by a legal guardian,
-
any data provided to LAHERBA, s.r.o. is true, complete, accurate, and correct,
-
by paying the price of the goods, they do not circumvent or infringe the rights of third parties and are authorized to use the financial resources used to pay for the goods,
-
has thoroughly familiarized themselves with these GTC before starting to use the laherba.sk e-shop, fully understands them, and agrees with them.
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.
-
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.
III. PRICE OF GOODS AND PAYMENT TERMS
-
The price for the goods is known to the customer in advance. The price of each product is stated on the www.laherba.sk web interface. The final price of the order is the sum of the prices of the products selected by the Buyer and the fees for the payment method and delivery method. All fees are listed in the order form (Shopping Cart) and are included in the final price.
-
The Customer 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 the Comgate payment gateway using VISA, VISA Electron, Mastercard, Maestro payment cards, as well as via Apple Pay, Google Pay, or by bank transfer. Another possible form of payment for the order is a classic payment to the account via a proforma invoice, which the Buyer receives by email after submitting the order. The Buyer can also pay for the order by cash on delivery in cash or by payment card at Slovenská pošta, Packeta, Z-Box, or to the courier.
-
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 priceis met at the moment the corresponding amount is credited to the Seller's account.
-
The minimum order value is set at 10 euros. This amount is set due to the efficiency of order processing, administrative costs, and costs for packaging and transport.
IV. DELIVERY OF GOODS AND DELIVERY CONDITIONS
-
The Seller confirms receipt of the Order to the customer by e-mail. The goods are usually dispatched within 1-2 working days from receipt of the Order (or in the case of prepayment, from the crediting of the amount to the Seller's account).
-
The method of delivery of the goods and the associated fees are defined in each individual order form. The Customer has the option to select the payment method and delivery method in the order form. These enter into the final price.
-
In the case of sending ordered goods via Slovenská pošta and Packeta, the maximum weight of one shipment is 5 kg. In the case of personal collection, the weight of the ordered goods is not limited.
-
The Buyer is obliged to duly take over the goods from the carrier, check the integrity of the packaging, and immediately notify the carrier of any defects.
-
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 Buyer is obliged to pay the Seller a processing fee and costs associated with the return of the goods in a lump sum of 6 euros.
-
The Seller declares that it will not claim compensation for damages in the actual amount consisting of labor costs, warehousing, packaging, invoicing, dispatch, postage, reverse unpacking, credit note issuance, stocking, lost profit, etc., but only the agreed lump sum compensation. The agreed amount of 6 euros is payable within 15 days from the moment the ordered shipment was handed over to the first carrier.
V. WITHDRAWAL FROM THE CONTRACT
-
The Consumer is entitled to withdraw from the contract within 14 days of receiving the performance in accordance with § 7 section 6 of the Consumer Protection Act in distance selling.
-
The Buyer undertakes that if they exercise their right to withdraw from the contract, they will send the undamaged goods showing no signs of use to the Seller's address, in the original packaging and with all accessories and documentation, secured in such a way that damage cannot occur during transport. The Seller recommends insuring the shipment. It also explicitly states that parcels sent cash on delivery cannot be accepted. The transport costs in this case are borne by the customer.
-
Before any sending of the goods back, the Customer is obliged to inform the Supplier of this fact by e-mail to the e-mail address info@laherba.sk.
-
When withdrawing from the contract, it is necessary to state your name and surname, order number, and contact (e-mail or telephone) and present the original or a copy of the proof of purchase of the goods. Shipments for which the reason for sending them to us is not clear will be returned to the sender.
-
After taking over the returned goods and checking their condition, the Seller undertakes to return the purchase price to the Buyer without undue delay, no later than 14 days from the day on which the Buyer's notice of withdrawal from the contract was delivered to the Seller, using the same method that the Buyer used for their payment. The Seller is entitled to withdraw from the contract up to the moment of dispatch of the goods, in the event of unavailability of the goods, a significant change in the price of the goods. Before withdrawal, however, the Seller is always obliged to contact the Buyer for the purpose of agreeing on further procedure.
-
If the item is not in conformity with the Purchase Contract upon takeover by the Buyer, the procedure shall be in accordance with the provisions of the Civil Code.
VI. WARRANTY AND CLAIMS
-
The warranty for goods sold through the e-shop is governed by and in accordance with the valid 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.
-
The Seller is obliged to decide on the method of handling the claim immediately, in complex cases within 3 working days. The claim (including the removal of the defect) must be settled no later than 30 days from the date the claim is asserted by the Buyer. After the expiration of this period, the Buyer has the same rights as if it were an unremovable defect.
-
The warranty does not cover wear and tear of the item caused by its usual use. For items sold at a lower price, the warranty does not cover defects for which the lower price was agreed.
Depending on the nature of the defect, the Buyer has the following rights when asserting a claim:
A. If the defect is removable, the Buyer has the right to have it removed free of charge, timely, and properly, and 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 the exchange of the item, or if the defect concerns only a part of the item, the exchange of the part. If such a procedure is not possible, the Buyer may request a reasonable discount on the price of the item or withdraw from the contract.
B. If the defect is unremovable and prevents the proper use of the goods, the Buyer has the right to exchange the defective goods or withdraw from the Purchase Contract. The Buyer has the same rights if the defects are removable, but the Buyer cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects. The repeated occurrence of a defect is considered if 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 that the item simultaneously has at least three defects preventing its proper use.
C. If the defects are other unremovable defects and the consumer does not demand the exchange of the item, they have the right to a reasonable discount on the purchase price or withdrawal from the Purchase Contract. When asserting a claim, the Buyer is obliged to present the proof of purchase and fill in the accompanying letter.
D. In the case of a justified claim, the Buyer has the right to reimbursement of the costs associated with the claim (especially postage paid when sending the claimed goods). In the case of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of the costs associated with this withdrawal. 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. If the goods are exchanged under warranty, the warranty period begins to run again from the takeover of the new product. After the settlement of a justified claim, the warranty period is extended by the duration of the claim procedure (this period begins to run on the day following the receipt of the goods and ends on the day the claim is settled – and not the date of collection of the goods by the customer).
VII. SECURITY AND PROTECTION OF INFORMATION
-
The Seller declares that all personal data is confidential, will only be used to carry out the performance of the contract with the Buyer, and will not be otherwise disclosed, provided to a third party, etc., with the exception of situations related to distribution or payment traffic related to the ordered goods (notification of name and delivery address).
-
The e-shop operator, as the personal data controller (hereinafter referred to as the "Controller"), hereby, in accordance with the provision of 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 "Regulation"), informs its customers (hereinafter individually referred to as the "Data Subject") that:
A. 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 concluding and subsequently performing the Purchase Contract, including handling any claims of the Data Subject arising from defective performance. The legal basis for processing the personal data of the Data Subject is therefore the performance of the Purchase Contract based on the Data Subject's order and also the fulfillment of the Controller's legal obligations according to legal regulations governing rights and obligations in connection with consumer protection and bookkeeping.
B. The reason for providing the Data Subject's 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. 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, minimally for a period of 5 years according to the Accounting Act or for a period of 10 years according to the VAT Act.
D. The processing of the Data Subject's personal data will not involve automated decision-making or profiling.
E. The Controller has not appointed a Data Protection Officer or designated a representative for fulfilling obligations within the meaning of the Regulation. The personal data of the Data Subject may be provided to the delivery service provider chosen by the Data Subject for the purpose of proper processing of the order, and further to persons who provide legal and accounting services to the Controller in order to ensure the proper fulfillment of obligations stipulated by generally binding legal regulations. The Controller does not intend to transfer the personal data of the Data Subject to other persons, to a third country, an international organization, or other than the above-mentioned third parties.
F. The Data Subject has the right to request from the Controller access to their personal data, their correction or deletion, or restriction of processing, and to object to processing, has the right to portability of this data to another controller, as well as the right to lodge a complaint with the Office for Personal Data Protection if they believe that the Controller is acting in violation of the Regulation when processing personal data.
VIII. PERSONAL DATA PROTECTION
I agree to the processing of my contact details (name, surname, address, telephone, e-mail, IP address) by LAHERBA, s.r.o., for the purpose of offering services and products of LAHERBA, s.r.o.
I confirm my familiarity with the content of the Personal Data Processing Principles and the instruction on how LAHERBA, s.r.o. processes my personal data, about my rights, about the possibility of revoking this consent, and that I can obtain the current wording of the rules at any time on the website www.laherba.sk.
IX. ALTERNATIVE DISPUTE RESOLUTION
-
The Buyer – consumer has the right to turn to the Seller with a request for redress if they are not satisfied with the way the Seller handled their claim or if they believe that the Seller violated their rights (by e-mail to info@laherba.sk).
-
If the Seller responds to this request negatively or does not respond to it within 30 days of its dispatch, the Buyer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity (ADR).
-
ADR entities are bodies and authorized legal entities according to § 3 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes. The Buyer can submit the proposal through the RSO alternative dispute resolution platform, which is available online at: https://ec.europa.eu/consumers/odr/
-
Alternative dispute resolution is intended only for consumer contracts.
X. DECLARATION OF THE OPERATOR
-
The User acknowledges that the photographs accompanying the Goods in the E-shop may be illustrative, or may create a misleading impression due to their conversion into a display on the User's technical device, therefore the User is obliged to always familiarize themselves with the entire description of the given Goods and in case of ambiguity contact the Operator.
-
The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and gradually and are protected against changes.
-
There are no assumptions or claims that the products or information contained on this website are available, suitable, unrestricted, or legal outside the Slovak Republic. Anyone who decides to access this website is fully responsible for ensuring that the stated products and information are unrestricted in their own country. The use of these websites is at your own risk.
-
The Operator explicitly states that the offered products are not registered as food, medicines, nutritional supplements, or tobacco products within the meaning of the valid legislation of the Slovak Republic and the European Union. All information stated in the description of the goods about traditional, historical, or ethnobotanical use serves exclusively for study and informational purposes and does not constitute any health claims.
-
To order, the customer must be 18 years of age or older. Each order is therefore considered to be placed in accordance with this condition.
-
These GTC, as well as the Purchase Contracts, are governed by the legal order of the Slovak Republic, especially the Civil Code.
XI. FINAL PROVISIONS
The Seller reserves the right to change the GTC. The changed conditions will be announced in an appropriate manner here on the laherha.sk website.
All orders sent by the Buyer to the laherba.sk online store are considered binding. By sending the order, the Buyer voluntarily and unreservedly accepts and agrees with all provisions of these general business and warranty conditions and is aware of all rights and obligations arising therefrom.
Bratislava, actualized November 11th 2025