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Terms

General Terms and Conditions of the online interface www.kingray.eu for consumers

I. Introductory provisions and Definitions

  1. These General Terms and Conditions (hereinafter also the “GTC”) govern the legal relations between the company Kingray, s.r.o., registered office Ružová 728/2, 050 01 Revúca, Company Reg. No.: 45 396 736, registered in the Commercial Register of the District Court Banská Bystrica, Section: Sro, Insert No. 17785/S, Tax ID: 2022974932, VAT ID: SK2022974932 (hereinafter also the “Merchant”) and every person who is a Buyer of goods offered by the Merchant via the Merchant’s online interface, provided that, in relation to the Merchant, they act in the capacity of a consumer.
  2. Legal relations between the Merchant and Buyers who are not consumers are governed by separate General Terms and Conditions for entrepreneurs, which are published in the Merchant’s online interface.
  3. Contact for the Merchant is: email: info@kingray.sk, telephone number: +421 914 150 909.
  4. The Merchant is also the operator of the online interface through which it operates the online store on the domain named kingray.sk (hereinafter also the “Online Store” or the “Online interface”). The online interface generally means any software including a website or part of a website or an application, operated by the Merchant or on its behalf, which serves as a means enabling consumers to access its goods or services.
  5. For the purposes of these GTC, the Buyer means exclusively a natural person – consumer who has completed and sent an order via the Merchant’s online interface and to whom a confirmation of order receipt from the Merchant has been delivered.
  6. A consumer is a natural person who, when concluding a contract under these GTC, does not act within the scope of their business activity.
  7. Goods are movable items intended for sale and at the same time published in the Merchant’s online interface (hereinafter also the “goods”).
  8. The Contract means a consumer purchase contract.
  9. A consumer purchase contract means a purchase contract concluded between the Merchant as the seller and the consumer as the buyer.
  10. The competent authority supervising legality in the field of consumer protection is:
    Inspectorate of the Slovak Trade Inspection for the Banská Bystrica Region
    Dolná 46,
    974 00 Banská Bystrica 1
    tel. No. 048/412 49 69, 048/415 18 71
    Submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

II. Ordering goods – conclusion of the purchase contract

  1. The proposal to conclude the Contract by the Buyer is an order for goods placed via the electronic order form in the Merchant’s online interface. The acceptance of the order of goods by the Merchant, and thus the conclusion of the purchase contract, occurs on the basis of an electronic confirmation of acceptance of the order by the Merchant sent to the Buyer after receipt of the order, which is clearly marked as an “order confirmation”. The email message delivered to the Buyer after sending the order, confirming receipt (logging) of the order, is not an acceptance of the proposal to conclude the Contract and must not be confused with the confirmation according to the previous sentence.
  2. The Merchant is not obliged to accept the Buyer’s proposal to conclude the Contract, and thus is not obliged to accept the Buyer’s order.
  3. The purchase contract is concluded for a definite period and terminates upon fulfilment of the obligations of the Merchant and the Buyer.
  4. The purchase contract may also be terminated by agreement of the parties or by withdrawal from it.
  5. The Merchant is entitled to withdraw from the Contract also if, despite the Merchant’s efforts, the Merchant objectively cannot secure the ordered goods in the quality and/or under the conditions under which the goods were being secured at the time the order was created, provided that the Buyer has not accepted substitute goods which the Merchant offered to the Buyer in place of the ordered goods. In the event of termination of the Contract for this reason, the Merchant will return to the Buyer, within 14 days, the amount paid for the ordered goods in full, or will offer another solution, if the Buyer agrees.
  6. The Merchant is also entitled to withdraw from the purchase contract if the Buyer stated untrue data in the order or if, through the contact details stated by the Buyer in the order, the Merchant is unable, without its own fault, to contact the Buyer.
  7. The Buyer is informed, before concluding the purchase contract, via the Merchant’s online interface, of all characteristics of the goods.

III. Purchase price and payment terms

  1. The purchase price of goods ordered via the online interface (hereinafter the “purchase price” or the “price”) is specified separately for each item and is valid at the moment the order is created by the Buyer. The stated price is final, including value added tax which is added to the price of goods pursuant to the relevant legal regulations (the Merchant is a VAT payer), except for the price for transport of goods, which will be charged separately under Art. VII, and payment fees under Art. IV.
  2. The basic currency is the euro.
  3. If an amount shown for individual goods in the online interface is struck through, such amount indicates the original price of the goods which is replaced by the current purchase (promotional) price and which is the lowest within the last 30 days prior to the discounting; the valid price is the non‑struck-through price.
  4. In addition to the purchase price under this Article, costs of transport of goods under Art. VII of these General Terms and Conditions and costs of payment under Art. IV of these General Terms and Conditions will be charged.

IV. Methods of payment

  1. For goods in the Merchant’s online interface, the Buyer may pay by the following methods:
    1. Payment by payment card via a payment gateway – not charged,
    2. Cashless payment by bank transfer to the Merchant’s account in advance on the basis of a pro‑forma invoice (the goods will be dispatched after the payment is received in the Merchant’s account) – not charged,
    3. Cashless payment by bank transfer to the Merchant’s account on the basis of an invoice within the due date specified in the invoice – not charged,
  2. The Buyer chooses the method of payment while completing the order and will be notified of the price for the chosen method of payment, in accordance with point 1 of this Article, or of the fact that the chosen method of payment is not charged.
  3. Payment of the purchase price or part thereof is also possible by means of a gift voucher which the Buyer as payee is lawfully entitled to use on the basis that a third party as the issuer has entrusted it to them for the purpose of use with the Merchant (redeemer). A gift voucher can be used during order completion in the online interface. The nominal value of the voucher and its validity date are stated on the voucher, or may be agreed in advance individually and in writing with the Merchant.

V. Delivery of goods

  1. The goods are delivered by the Merchant no later than 30 calendar days from the day of conclusion of the purchase contract and payment of the purchase price, unless the Merchant and the Buyer have agreed otherwise in writing or unless otherwise expressly stated for the specific goods in the online interface.
  2. The Merchant is obliged to deliver the goods to the Buyer in the ordered quantity and quality together with tax documents and other documents related to the goods or to the order.
  3. The place of delivery of the ordered goods is the address stated by the Buyer or the address of the Merchant’s store (Ružová 728/2, 050 01 Revúca) in case the Buyer chose personal collection of the goods. If the Buyer does not state a separate address for delivery of the goods, such address shall be the Buyer’s place of residence.
  4. The Merchant will deliver the goods by one of the methods under Article VII of these GTC, depending on the Buyer’s choice.
  5. Delivery of the goods is effected by handing them over to the Buyer (or a person authorized by the Buyer in writing to take delivery of the goods).
  6. The Merchant may send the goods that are immediately available to the Buyer and deliver the remaining part of the order subsequently within the set deadline, provided that the Buyer will not be charged any additional postage beyond that which was included in the order. The Merchant will inform the Buyer of such procedure in advance.
  7. The Buyer is obliged to take delivery of the goods and to provide cooperation necessary for delivery of the goods.

VI. Acceptance of goods

  1. The risk of damage to the goods and liability for damage to the goods passes to the Buyer upon their acceptance, regardless of whether the Buyer takes delivery of the goods personally or through an authorized/empowered person.
  2. Title passes from the Merchant to the Buyer at the moment of acceptance of the goods and full payment of the purchase price for the goods.
  3. The Buyer is entitled not to accept the delivered goods if goods of a different type are delivered or in the cases of: (i) delivery of an item contrary to the concluded contract (a different or damaged item), (ii) delivery of an item in damaged packaging, or (iii) delivery of an item without the relevant documents.
  4. The Buyer is obliged to pay the Merchant the purchase price for the goods properly and on time.

VII. Shipping – methods of transport of goods and the price for their transport

  1. The Merchant’s shipping costs are not included in the price of the goods. These will be computed and notified to the Buyer before the contract is concluded, and the Buyer undertakes to pay them together with the purchase price.
  2. The Buyer may choose one of the following methods of delivery of the goods:
    1. Delivery via Direct Parcel Distribution SK s.r.o. (DPD): (i) to an address entered by the Buyer within Slovakia – charged EUR 20.00;
  3. The Merchant and the Buyer may also agree in writing on another method of delivery than those stated in this Article of the GTC.

VIII. Buyer’s withdrawal from the contract without giving a reason

  1. The consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the day of taking delivery of the goods. The consumer may withdraw from a contract the subject of which is the delivery of goods even before the period for withdrawal from the contract begins.
  2. Goods are deemed taken over by the consumer at the moment when the consumer or a third person designated by the consumer other than the carrier takes delivery of all parts of the ordered goods, or if: (i) goods ordered by the consumer in one order are delivered separately, at the moment of taking delivery of the goods that were delivered last; (ii) goods consisting of several parts or pieces are delivered, at the moment of taking delivery of the last part or last piece; (iii) the goods are delivered repeatedly during a certain period, at the moment of taking delivery of the first goods.
  3. The consumer may exercise the right to withdraw from the contract in paper form or in the form of a record on another durable medium and, if the contract was concluded orally, for the consumer’s exercise of the right to withdraw from the contract any clearly worded consumer statement expressing the consumer’s will to withdraw from the contract is sufficient. The consumer may use the model form for withdrawal from the contract published in the Merchant’s online interface.
  4. The consumer is obliged, within 14 days from the day of withdrawal from the contract, to send the goods back or hand them over to the Merchant or to a person designated by the Merchant to take delivery of the goods; this does not apply if the Merchant proposes to collect the goods in person or through a person designated by the Merchant. The period under the first sentence is deemed observed if the consumer sends the goods to the Merchant no later than on the last day of the period.
  5. The period for withdrawal from the contract under this Article is deemed observed if the consumer sends a notice of withdrawal from the contract to the Merchant no later than on the last day of the period.
  6. The Merchant is obliged, without delay after receiving the notice of withdrawal from the contract, to provide the consumer with a confirmation of its receipt on a durable medium if the consumer withdrew from the contract by using a special function or the form for withdrawal from the contract available in the Merchant’s online interface.
  7. Consumers are recommended to state in the withdrawal their order number, date of purchase, type of goods they are withdrawing from, name and surname, address and, where relevant, also the account number to which all payments provided by them to the Merchant under the contract from which they are withdrawing will be returned, if they decide that they wish the payment for the goods to be sent to the account number stated by them. Otherwise the Merchant will return the payment for the goods to the consumer in the same manner as used by the consumer for their payment.
  8. By withdrawing from the contract, the contracting parties are obliged to return to each other the performances provided. The consumer is liable only for the decrease in value of the goods arising as a result of handling the goods in a way going beyond handling necessary to ascertain the characteristics and functionality of the goods. If the value of the goods has been decreased as a result of handling the goods in a way going beyond handling necessary to ascertain the characteristics and functionality of the goods (e.g. the goods are damaged), the consumer is liable to the Merchant for the damage thus incurred. Handling of the goods beyond what is necessary to ascertain the characteristics and functionality of the goods will in particular be deemed the use of the goods to a greater extent than necessary to ascertain the nature, characteristics and functionality of the goods. A decrease in the value of the goods will likewise include especially justified expenses for returning the product to its previous state.
  9. If the consumer withdraws from the contract pursuant to this Article, they bear the costs of returning the goods to the Merchant. This does not apply if the Merchant has agreed to bear them themselves.
  10. The Merchant is obliged, within 14 days from the day of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from them on the basis of or in connection with the contract or a supplementary contract, including the costs of transport, delivery, postage and other costs and fees. The foregoing does not concern the costs of returning the goods, which are borne by the consumer under the conditions stated in point 10 of this Article.
  11. The Merchant is not obliged to reimburse the consumer for additional costs if the consumer expressly chose a delivery method different from the cheapest standard delivery method offered by the Merchant. Additional costs mean the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the Merchant.
  12. Shipments sent as cash on delivery in the case of withdrawal from the contract will not be accepted by the Merchant. Buyers are recommended to send shipments by registered post.
  13. The Merchant informs the consumer that unless these GTC provide otherwise, the consumer is not entitled to withdraw from a contract the subject of which is: (i) the delivery of goods made according to the consumer’s specifications or goods made to measure; (ii) the delivery of goods which are liable to rapid deterioration or spoilage; (iii) the delivery of goods sealed in protective packaging which are not suitable for return for health protection or hygiene reasons, if the protective packaging was broken after delivery; (iv) the delivery of goods which, by their nature, may be inseparably mixed with other goods after delivery; (v) the delivery of alcoholic beverages the price of which was agreed at the time of conclusion of the contract, while their delivery can be carried out no sooner than after 30 days and their price depends on market price movements which cannot be influenced by the Merchant; (vi) the delivery of audio recordings, visual recordings, audiovisual recordings or software in protective packaging which was broken after delivery; (vii) the delivery of periodicals except for delivery on the basis of a subscription agreement; (viii) goods purchased at a public auction; (ix) the delivery of digital content which the Merchant supplies otherwise than on a tangible medium, if (1) the supply of digital content has begun and (2) the consumer has given explicit consent to commence the supply of digital content before the expiry of the withdrawal period, has declared that they were duly instructed that by giving their consent they lose the right to withdraw from the contract by the commencement of the supply of digital content, and the Merchant provided the consumer with confirmation pursuant to Section 17(12)(b) or (13)(b) of Act No. 108/2024 Coll., if the consumer is obliged to pay the price under the contract.
  14. The Merchant allows Buyers to withdraw from a contract the subject of which is the delivery of goods made according to the consumer’s specifications or goods made to measure within 24 hours from the moment of its conclusion. After the expiry of this period, the Buyer is not entitled to withdraw from such a contract.

IX. Delivery of goods without defects

  1. The Merchant is obliged to deliver the goods in accordance with the concluded contract, i.e., in the required quality, quantity and without defects (factual, legal).
  2. The Merchant is liable for defects which the sold goods have at the time of acceptance by the Buyer. The Merchant is also liable for defects which occur after acceptance of the product within the warranty period (warranty).
  3. The warranty period is 24 months and begins to run from the day of acceptance of the goods by the Buyer.
  4. The Buyer is entitled to inspect the goods being sold before taking them over.
  5. The Merchant is not liable for defects in the goods caused by: (i) the nature of the goods, (ii) their use contrary to their purpose or the instructions for use, (iii) unprofessional or unauthorized intervention in the goods, (iv) foreign substances and liquids entering the goods, (v) force majeure (natural disasters, etc.), (vi) normal wear and tear of the goods.

X. Notification of defects in goods

  1. A defect in the goods may be notified at the Merchant’s establishment, at another person about whom the Merchant informed the Buyer before the conclusion of the contract or before sending the order, or by means of distance communication to the address of the Merchant’s registered office or to another address about which the Merchant informed the Buyer when concluding the contract or after concluding the contract. The Buyer may also use a special form available in the Merchant’s online interface (https://www.hyaluron.sk/online-formular), after completing and submitting which a shipping label will be generated for the Buyer that may be used to send the defective goods to the Merchant via Packeta Slovakia s.r.o.
  2. If the Buyer notified a defect by postal consignment which the Merchant refused to accept, the consignment shall be deemed delivered on the day of refusal.
  3. The Merchant will provide the Buyer with written confirmation of notification of a defect without delay after the Buyer has notified the defect. In the confirmation of notification of a defect, the Merchant will state the period within which, in accordance with Section 507(1) of Act No. 40/1964 Coll., they will remedy the defect. The period notified under the previous sentence must not be longer than 30 days from the day the defect was notified, unless a longer period is justified by an objective reason which the Merchant cannot influence.
  4. If the Merchant refuses liability for defects, the reasons for the refusal will be notified to the Buyer in writing. If the Buyer proves the Merchant’s liability for a defect by an expert opinion or professional statement issued by an accredited person, an authorized person or a notified person, the Buyer may notify the defect again and the Merchant may not refuse liability for the defect; the provision of Section 621(3) of Act No. 40/1964 Coll. shall not apply to repeated notification of a defect. The provision on the consumer’s costs associated with an expert opinion and professional statement is governed by Section 509(2) of Act No. 40/1964 Coll.
  5. If, before sending the Buyer’s order, the Merchant informed the Buyer that defects may also be notified to another person, the actions or omissions of this person shall, for the purposes of liability for defects, be deemed to be the actions or omissions of the Merchant.
  6. The Buyer has the right to choose removal of the defect by replacement of the goods or repair of the goods. The Buyer may not choose a method of removal of the defect which is not possible or which, compared to the other method of removal of the defect, would cause the Merchant disproportionate costs with regard to all the circumstances, in particular to the value which the goods would have without the defect, to the seriousness of the defect and to the fact whether the other method of removal of the defect would cause the Buyer considerable difficulties.
  7. The Merchant may refuse removal of a defect if neither repair nor replacement is possible or if they would require disproportionate costs with regard to all circumstances including the circumstances under paragraph 6 of this Article, second sentence.
  8. The Merchant will repair or replace the goods within a reasonable period (Section 507(1) of Act No. 40/1964 Coll.) after the Buyer has notified the defect, free of charge, at their own expense and without causing serious difficulties to the Buyer, taking into account the nature of the goods and the purpose for which the Buyer required the goods.
  9. For the purpose of repair or replacement, the Buyer shall hand over or make the goods available to the Merchant or to a person under Section 622(5) of Act No. 40/1964 Coll. The Merchant shall bear the costs of taking over the goods.
  10. The Merchant shall deliver the repaired goods or the replacement goods to the Buyer at their own expense in the same or a similar manner as the Buyer delivered the defective goods to them, unless the parties agree otherwise. If the Buyer does not take over the goods within six months from the day they were to be taken over, the Merchant may sell the goods. If the goods are of greater value, the Merchant will inform the Buyer in advance about the intended sale and will provide the Buyer with a reasonable additional period to take over the goods. The Merchant will, without delay after the sale, pay the Buyer the proceeds from the sale of the goods after deducting the costs which were reasonably incurred for storing and selling the goods, if the Buyer exercises the right to a share of the proceeds within a reasonable period specified by the Merchant in the notice of intended sale of the goods. The Merchant may destroy the goods at their own expense if they could not be sold or if the expected proceeds from the sale will not be sufficient even to cover the costs which the Merchant reasonably incurred for storing the goods and the costs which the Merchant would necessarily incur for their sale.
  11. In removing a defect, the Merchant will ensure the removal of the goods and installation of the repaired goods or replacement goods if the replacement or repair requires the removal of the defective goods which were installed, in accordance with their nature and purpose, before the defect manifested itself. The Merchant and the Buyer may agree that removal of the goods and installation of the repaired or replacement goods will be ensured by the Buyer at the expense and risk of the Merchant.
  12. When removing a defect by replacement of goods, the Merchant is not entitled to compensation for damage caused by normal wear and tear of the goods and to remuneration for normal use of the goods before their replacement.
  13. The Buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract even without granting an additional reasonable period under Section 517(1) of Act No. 40/1964 Coll., if: (i) the Merchant did not repair or replace the goods; (ii) the Merchant did not repair or replace the goods in accordance with Sections 623(4) and 6 of Act No. 40/1964 Coll.; (iii) the Merchant refused to remove the defect under Section 623(2) of Act No. 40/1964 Coll.; (iv) the goods have the same defect despite repair or replacement of the goods; (v) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract; or (vi) the Merchant has declared or it is apparent from the circumstances that they will not remove the defect within a reasonable period or without causing serious difficulties for the Buyer.
  14. When assessing the Buyer’s right to a discount on the purchase price or withdrawal from the purchase contract under paragraph 13(d) and (e) of this Article, all circumstances shall be taken into account, in particular the type and value of the goods, the nature and seriousness of the defect and the possibility to objectively require from the Buyer to trust the Merchant’s ability to remove the defect.
  15. The discount on the purchase price must be proportionate to the difference between the value of the sold goods and the value which the goods would have if they were without defects.
  16. The Buyer may not withdraw from the purchase contract under paragraph 13 of this Article if the Buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the Buyer contributed to the occurrence of the defect and that the defect is negligible is borne by the Merchant.
  17. If the contract concerns the purchase of several goods, the Buyer may withdraw from it only in relation to the defective goods. In relation to the other goods, the Buyer may withdraw from the contract only if it cannot reasonably be expected that the Buyer will have an interest in keeping the other goods without the defective goods.
  18. After withdrawal from the contract or its part, the Buyer shall return the goods to the Merchant at the Merchant’s expense. The Merchant shall ensure the removal of the goods which were installed, in accordance with their nature and purpose, before the defect manifested itself. If the Merchant does not remove the goods within a reasonable period, the Buyer may ensure the removal and delivery of the goods to the Merchant at the expense and risk of the Merchant.
  19. After withdrawal from the contract, the Merchant shall return the purchase price to the Buyer no later than within 14 days from the day of return of the goods to the Merchant or after proof that the Buyer has sent the goods to the Merchant, whichever occurs earlier.
  20. The Merchant shall return the purchase price to the Buyer or pay the Buyer a discount on the purchase price in the same manner as used by the Buyer when paying the purchase price, unless the Buyer expressly agrees to another method of payment. All costs associated with the payment are borne by the Merchant.
  21. The Merchant is not entitled to compensation for damage caused by normal wear and tear of the goods and to remuneration for normal use of the goods before withdrawal from the purchase contract.

XI. Alternative dispute resolution

  1. If the Buyer is not satisfied with the way the Merchant handled their complaint or if the Buyer believes that the Merchant has violated the Buyer’s rights, the Buyer has the right to contact the Merchant with a request for remedy. If the Merchant responds to the Buyer’s request under the previous sentence with a refusal or does not respond to such a request within 30 days from the day it was sent by the Buyer, the Buyer has the right to submit a motion to initiate an alternative dispute resolution pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on amendment and supplementation of certain acts.
  2. The competent entity for alternative resolution of consumer disputes with the Merchant is the Slovak Trade Inspection or another competent authorized legal entity listed in the register of entities of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at the website http://www.mhsr.sk/); the Buyer has the right to choose which of the aforementioned entities of alternative dispute resolution to contact. The Buyer may use the platform for online dispute resolution, available at http://ec.europa.eu/consumers/odr/, to submit a motion for alternative resolution of their consumer dispute. All other information regarding alternative dispute resolution between the Merchant and the Buyer – consumer, arising from the contract as a consumer contract or related to the contract as a consumer contract, is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on amendment and supplementation of certain acts.

XII. Final provisions

  1. In addition to these GTC, the contractual relationships (as well as other legal relationships which may arise from the contractual relationship) with Buyers – consumers, i.e., natural persons who, when concluding a contract under these GTC, do not act within the scope of their business activity, are governed by the relevant provisions of Act No. 40/1964 Coll. the Civil Code as amended, and of Act No. 108/2024 Coll. on consumer protection and on amendment and supplementation of certain acts as amended.
  2. These GTC do not apply to legal relations with Buyers who are not consumers. The terms and rules for the purchase of goods via the Merchant’s online interface by persons who are not consumers, i.e., natural persons – entrepreneurs and legal entities, are governed by separate “General Terms and Conditions for entrepreneurs”, which are available in the Merchant’s online interface, as well as the relevant provisions of the Commercial Code.
  3. These General Terms and Conditions for consumers enter into force and effect on their publication in the Merchant’s online interface on 3 March 2025.
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