General terms and conditions
1. General conditions
The website www.athleeya.com is run by Athleeya s.r.o. as a seller with its registered seat at: Kladnianska 34, 821 05 Bratislava, Slovakia, ID No.: 51 800 004, registered with the Commercial Register of the District Court Bratislava I, Section: Sro, File No.: 129847/B (hereinafter referred to as “Athleeya”, "us" or ”we”).
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) through the website www.athleeya.com (hereinafter referred to as ”athleeya.com”).
Please send any suggestions, inquiries or other correspondence you may have in relation to our business to us by phone at (+421) 905 014 963, or via e-mail at email@example.com. Please refer to our Complaint Handling Procedure below in case of queries concerning faulty Goods.
By using athleeya.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (hereinafter referred to as ”Terms”). Please make sure you have read and understood the Terms before placing your order.
The purpose of these Terms is to make you aware of the basic rules and principles of sales of Athleeya Products and Goods (hereinafter referred to as ”Product(s) or Good(s)”) and our legal relationship arising therefrom. These Terms intentionally avoid detailed descriptions of issues, which are evident from the context. These Terms are executed in Slovak and English version. In case of discrepancies, Slovak version prevails.
You have to be 16 years of age or older to place order on athleeya.com. The Terms do not apply to cases where the person intending to purchase the Goods from Athleeya is a legal person or person acting in the course of ordering the Goods in the course of his business or in his own profession.
These Terms are an integral part of the purchase contract.
The wording of the Terms may be changed or amended by Athleeya. This provision is without prejudice to rights and obligations arising during the effect period of the previous version of the Terms.
2. Prices, delivery costs and payment methods
The web interface of athleeya.com contains information about the Goods, including the prices of each type of Goods. The prices of the Goods are displayed including value added tax and all related charges. Goods prices remain in effect as long as they are displayed at athleeya.com. This provision does not limit your ability to conclude a purchase contract under individually agreed conditions.
The price of the Products will be as stipulated at all times on athleeya.com, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on athleeya.com are correct, error may occur. If we discover an error in the price of any of the Products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it via e-mail. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full within the period of 14 days as of the cancellation.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
The price of the Goods and any costs associated with the delivery of the Goods under the purchase contract may be paid by you to Athleeya in the following ways: (i) Payment after delivery You can choose to pay the order after delivery; (ii) Credit or debit card payments via Besteron payment-gateway You can enter your payment details at the time you place your order using a valid credit or debit card (VISA or Mastercard); (iii) Cashless via PayPal payment system; (iv) Bank transfer.
Together with the purchase price you are also obliged to pay Athleeya´s costs associated with delivery of the Goods at the agreed amount. Unless expressly stated otherwise, the purchase price is further understood to include also the cost of delivery. The delivery costs can vary for each item and type of delivery. For further details, please see Customer care section. Any delivery costs will be charged separately, itemised and added to the total amount of the order. The available shipping methods and related prices for shipping and any other relevant information are also listed along the purchase process at athleeya.com and in the order confirmation.
The tax document (invoice) will be issued by Athleeya to you after the price for the Goods has been paid and will be sent in electronic form to your e-mail address.
3. Ordering, conclusion of contract and transfer of ownership
You select the Goods, the payment method, the delivery method and the place of delivery at athleeya.com, where you will also find information about the Goods and their prices. The offer of Goods at athleeya.com is for your information only – it is non-binding and valid only as long as we have the Product in stock.
To order the Goods, you fill in the order form at athleeya.com. In particular, the order form contains information about: (i) ordered Goods (you place the ordered Goods in the electronic shopping cart of the web interface of athleeya.com); methods of payment of the purchase price of the Goods, details of the required method of delivery of the ordered Goods and (iii) information on the cost of delivery (hereinafter referred to as "order" or “order form”).
Before sending the order to Athleeya, you are allowed to check and change the data entered into the order, even with regard to the possibility to detect and correct errors in entering data into the order. You send the order to Athleeya by clicking on the "Order with obligation to pay" button. The information given in the order is considered correct by you. Within 24 hours of receiving the order, Athleeya shall confirm its receipt to you by e-mail to the e-mail address specified by you in the order with your order number and details of Products you have offered to purchase and details of any delivery services.
By our confirmation of your offer, a purchase contract is concluded between you and Athleeya with the content as given in our confirmation and subject to these Terms; our relationship is, in all other respects, governed by applicable laws and legal regulations, in particular the Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection as amended and Act No. 102/2014 Coll. On Consumer Protection on Consumer Protection in respect of distance contracts.
You hereby agree that the order and the tax document concerning the purchased Goods will be provided to you exclusively in electronic form and will be delivered to the e-mail address contained in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten (10) working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows: (i) if Products are shown on athleeya.com but are not or no longer available; (ii) if we are unable to obtain authorisation of your payment; (iii) if shipping restrictions apply to a Product; (iv) if Products shown on athleeya.com contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described.
In the event that we do not accept (part of) your order we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
The title to the purchased Goods passes to you upon delivery and payment of the purchase price. You assume the risk of damage to the Product upon handover of the Goods.
4. Delivery of Product
Athleeya exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order to an address in Slovakia or Czech Republic, in accordance with your selected delivery option. If you wish to order Products from another EU member state outside of the Slovakia via athleeya.com you are of course welcome to do so; however, the ordered Products can only be ordered via e-mail firstname.lastname@example.org and consequent approval of the company Athleeya on a delivery address within EU.
Athleeya endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver within 2 to 3 days following confirmation of an order, unless otherwise agreed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.
Before you place your order, you will be informed of the expected delivery details. Once your order is confirmed you will receive an e-mail confirmation with your expected delivery details.
If Athleeya is obliged to deliver the Goods to the place specified by you in the order, you are obliged to accept the Goods upon delivery.
In the event that for reasons on your side it is necessary to deliver the Goods repeatedly or in any other way than stated in the order, you are obliged to pay the costs associated with repeated delivery of the Goods, respectively costs associated with another delivery method.
When receiving the Goods from the carrier, you are obliged to check the integrity of the packaging of the Goods and in case of any defects, you are obliged to notify the carrier immediately. In the event of a breaking of the packaging, you do not have to take over the shipment from the carrier.
Shipment of orders will take place on business days, not being a public holiday. Therefore, please, take into account any public holidays including any national and/or regional holidays in your country of residence. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.
For detailed information about delivery periods, please check the specifications for the different types of delivery on the Customer care section of athleeya.com. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
If your order is not delivered by the scheduled date, please contact us via telephone at (+421) 905 014 963, or via e-mail email@example.com.
Other rights and obligations of the parties in the transport of the Goods may be governed by the specific terms of delivery of Athleeya if issued by Athleeya.
5. Withdrawal policy and returns
You may withdraw from the purchase contract concluded with us without cause within 14 days of the delivery of the ordered Goods. The withdrawal means that the purchase contract is treated as though it had never existed, and you are obliged to return the delivered Goods to us, and we are obliged to return the purchase price to you.
If you withdraw from the purchase of Goods, which has been used beyond a routine inspection and test of functionality, as would be standard if purchasing in traditional retail premises, we may request that you pay us the difference between the price for the new Goods and the usual price for the returned Goods.
You can withdraw from the purchase contract by sending a written withdrawal by mail (through post office) to Athleeya s.r.o., Karadzicova 8, 821 08 Bratislava, Slovakia or via e-mail firstname.lastname@example.org. You can use also our Return form available at athleeya.com.
You must return the purchased Goods to us within 14 days of withdrawal either in person, by post (except the cash on delivery method) or courier, but always at your own expense. We have to return the received payment to you (i.e. the purchase price and any other monies we received from you during the sale of the returned Goods, except for the difference between the price of the delivery method you selected and the price of the cheapest standard delivery method offered by us) within the same period of time, however, no earlier than we receive the Goods or you prove having sent them. We will carry out such reimbursement of the received payment using the same method of payment as you used for the initial transaction (payment), if not agreed otherwise between us.
We also reserve the right to withdraw from the purchase contract if you fail to take delivery of the ordered Goods, if there is an obvious typo at athleeya.com (such as a mistakenly stated price which is obviously different from the usual price for such type of Goods), if the Goods you order are no longer manufactured. We, too, may withdraw solely on the basis of a notification delivered to you in at least the same form that we sent the confirmation of receiving the order and we are obliged to return any payment received from you within 14 days of withdrawing from the purchase contract.
Athleeya is entitled to unilaterally set off the claim for damages incurred on the Goods against your claim for the refund of the purchase price.
6. Warranty and Complaint policy
Our mutual rights and obligations concerning our liability for Product faults are governed by applicable laws and legal regulations. These are described in more detail in the attached Complaint Handling Procedure below, which forms an integral part of the Terms.
You can direct your queries concerning faulty Goods by calling (+421) 905 014 963 or via email to email@example.com.
7. Colours and measurements
We make all reasonable efforts to accurately display the attributes of our Products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
An item’s measurements given on athleeya.com are only approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in its Production.
8. Damaged or defective Products
For Athleeya, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Athleeya has a legal obligation to make sure that our Products are conform to the contract of sale.
Returned Products are inspected and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products: (i) obtained from a source other than athleeya.com excluding our contractors and our points of sales ; (ii) that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or (ii) that have been damaged by misuse or activities other than the intended purpose .
Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our team is available to assist you. Please don't hesitate to contact us with your questions and comments.
9. Use of the website athleeya.com, copyright and trademarks
Please read this Section for use carefully before using athleeya.com and any Athleeya content on social media websites, including without limit Instagram and Facebook (hereinafter referred to as together as “Website”). These Terms apply to all visits and uses of the Website, as well as to the content (as defined below), information, recommendations, Products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to this Terms in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Terms, please leave the Website immediately.
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (hereinafter referred to as “Content”), is owned by Athleeya and its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Athleeya, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Athleeya or its licensors unless otherwise expressly agreed. All such rights are reserved.
The copyright in all Content is and remains owned by Athleeya or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Athleeya. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (hereinafter collectively referred to as the “Software”) are licensed to you by Athleeya. Athleeya does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Athleeya retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on Products of Athleeya, Product packaging and/or on the Website, whether registered or not (hereinafter referred to as the “Trade Marks”) remain the exclusive property of Athleeya or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Athleeya´s prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reProduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of Athleeya.
Athleeya does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Athleeya will not provide for specific IT infrastructure or connectivity. Thus, Athleeya cannot represent or warrant the Website will be uninterrupted or error free. Athleeya does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
Your use of the Website is at your own risk. Neither Athleeya, nor any of its employees, nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the Products or otherwise arising out of or in connection with these Terms, even if Athleeya has been advised of the possibility of any such damages.
10. Data protection
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our “Privacy Notice”.
11. Applicable legislation and jurisdiction
The use of athleeya.com and the Product purchase this website shall be governed by Slovak legislation. Any controversy that arises or is related to the use of athleeya.com or said contracts shall be subject to the non-exclusive jurisdiction of the Slovakian courts. The relations not stipulated in these terms are governed by the respective provisions of legal regulations valid and effective in the territory of the Slovak Republic.
12. Company information
Registered office: Kladnianska 34
821 05 Bratislava, Slovakia
Identification Number: 51 800 004
Tax ID: 2120809361
VAT Number: SK2120809361
Bank: Tatra banka, a.s.
IBAN: SK14 1100 0000 0029 4505 9350
Registered with the Commercial Register of the District Court Bratislava I, Section: Sro, File No.: 129847/B
E-mail address: firstname.lastname@example.org
Telephone: (+421) 905 014 963
If we are unable to settle a dispute in connection with a purchase of our Products by mutual agreement, you can seek alternative dispute resolution at the Slovak Trade Inspection Authority (in Slovak: Slovenská obchodná inšpekcia), Ústredný inšpektorát, Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov, Bajkalská 21/A, p. p. 29, 827 99 Bratislava 27, Slovakia, e-mail: email@example.com, firstname.lastname@example.org.
You can also use the Online Dispute Resolution platform developed by the European Commission and accessible at http://ec.europa.eu/consumers/odr/.
If our legal relationship under the purchase contract contains a ‘foreign element’, the laws of the Slovak Republic shall apply.
We process your personal data, which you provide to us in connection with your purchase of our Goods, to the extent necessary and solely for the purposes of the fulfilment of the purchase contract and compliance with legal obligations within the meaning of applicable Personal Data protection regulation. More information about how we process personal data can be found in “Privacy Notice”.
These Terms and Conditions are valid from 1.9.2019.
COMPLAINT HANDLING PROCEDURE
1. About us
The website www.athleeya.com is run by Athleeya s.r.o. with its registered seat at: Kladnianska 34, 821 05 Bratislava, Slovakia, ID No.: 51 800 004, registered with the Commercial Register of the District Court Bratislava I, Section: Sro, File No.: 129847/B.
Please send any suggestions, inquiries or other correspondence you may have in relation to our business to us by phone at (+421) 905 014 963, or via e-mail at email@example.com.
2. What is the purpose of this complaint handling procedure
The purpose of this Complaint Handling Procedure (hereinafter referred to as "Complaint Handling Procedure") is to make you aware of the basic rules and principles followed by us when handling complaints regarding Goods bough from us.
This Complaint Handling Procedure forms an integral part of the Terms and the Terms apply unless this Complaint Handling Procedure states otherwise.
Matters not specifically covered by this Complaint Handling Procedure and the Terms will be governed by applicable laws and legal regulations, especially the Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection as amended and Act No. 102/2014 Coll. On Consumer Protection on Consumer Protection in respect of distance contracts.
3. Our product liability
We are responsible for the Goods purchased from the athleeya.com having no defects upon delivery of such Goods.
You can submit Product liability claims to us within 24 months of delivery of the Product.
4. What to do when the goods are evidently damaged
You can direct your inquiries concerning faulty Goods to Customer Care by calling (+421) 905 014 963.
When accepting delivery of a Product, inspect it to make sure that there is no evident damage to the Product or its packaging.
If you find evident defects, you must immediately raise a complaint regarding these with the person making the delivery and record all your findings in the delivery confirmation or another complaint form provided by the carrier. You have no obligation to take delivery of Goods that are evidently damaged or the packaging of which is evidently damaged. Claims of evident defects made to us or the carrier after 3 days after delivery cannot be granted.
5. What to do when a defect appears later
You can direct your inquiries concerning faulty Goods to Customer Care by calling (+421) 905 014 963 or emailing firstname.lastname@example.org.
You can file complaints about defects which were not discoverable at delivery or have only manifested later (but no later than within statutory limitation periods) by completing and delivery of complaint form by sending via mail (through post office) to Athleeya s.r.o., Karadzicova 8, 821 08 Bratislava, Slovakia, courier or personally. Keep in mind that should you wish to file a complaint regarding any Product, you will need to prove that and when you bought the Product in question from us; we would therefore recommend that you keep the receipt (document evidencing purchase).
When dealing with a complaint, we always first proceed in accordance with the manufacturer’s warranty terms where a manufacturer’s warranty is provided.
6. Defects for which we are not liable
Rights under Product liability do not apply to:
- damage of Goods caused by normal wear and tear;
- damage of Goods caused by misuse, improper handling, liquid contact, fire;
- damage caused by an attempt to modify or repair the Product either by a user or by a technical service provider (for example tailor).
We are not liable for defects in gifts or other Goods provided to you free of charge or at a token charge.
7. Your rights when making a complaint
You have a right to have your complaint resolved without undue delay, however, no later than 30 days after it had been made.
If the defect can be removed, you have a right to have the defect removed free of charge. Instead of removing the defect you may request the exchange of Goods or if the defect relates only to a specific part, you may request the replacement of such part - but only if such exchange does not result in unreasonable costs to be incurred by us with regard to the price of Goods or nature of the defect.
If the defect cannot be removed, you have a right to proportionate purchase price discount.
If the defect cannot be removed and simultaneously prevents the proper use of Goods, you have the right to have the Goods replaced or withdraw from the purchase contract. You have this right also in cases where the same defect occurs after its second removal or Goods have several defects.
You have a right to reimbursement of necessary expenses reasonably incurred in making a complaint if you notify them to us and make the request for reimbursement within one month of the deadline for making claims under Product liability.
8. When we can reject a complaint
We can reject a complaint if the Goods or their parts are dirty.