BUSINESS TERMS AND CONDITIONS
These General Business Terms and Conditions (hereinafter referred to as Business Terms and Conditions) are listed pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the Civil Code) for
Operator: NGP Tobacco Online s.r.o.
Company identification number: 54679800 Tax registration No.: SK2121752842
Registered office: Mikovíniho 19, 917 02 Trnava (SK)
File reference: 51866/T maintained by the Trnava City Court
Telephone: (+421) 2 3333-1066
(hereinafter referred to as “Seller”)
1. These business terms and conditions govern the mutual rights and obligations of the seller and the natural person who enters into a purchase contract outside his business activity as a consumer or in the course of his business activities (hereinafter referred to as the Buyer) through a website located on the website available at killapods.eu (hereinafter referred to as the online shop).
1. The provisions of the business terms and conditions are an integral part of the purchase contract. The deviating arrangements in the purchase contract shall prevail over the provisions of these business terms and conditions.
2. These business terms and conditions and the purchase contract are concluded in english language.
1. The costs incurred by the buyer upon using the means of distance communication in relation to conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer alone. These costs do not differ from the standard rate.
2. The buyer places the order of the goods in the following ways:
• through their customer account, if they have previously registered in the online shop,
• by completing the order form without registration.
1. When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.
2. Before sending the order, the buyer is allowed to check and change the information they entered into the order. The buyer sends the order to the seller by clicking on the order button. The information given in the order is considered correct by the seller. The condition for the validity of the order is to fill in all the mandatory information in the order form and confirmation by the buyer that they have become familiar with these business terms and conditions.
3. Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer has entered upon the order. Such confirmation shall be automatic and shall not be deemed to be the conclusion of the contract. Attached to the confirmation are the current business terms and conditions of the seller. The purchase contract is concluded only after the purchase order is accepted by the seller. The order receipt notification is delivered to the buyer’s email address. / Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer has entered upon the order. Such confirmation shall be considered to be the conclusion of the contract. Attached to the confirmation are the current business terms and conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the buyer’s email address.
4. All orders received by the seller are binding. The buyer may cancel the order until the buyer is notified of receipt of the order by the seller. The buyer may cancel the order by telephone at the telephone number or email of the seller specified in these business terms and conditions.
5. In the event that there was a manifest technical error on the part of the seller when placing the price of the goods in the online shop, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price even if the buyer was sent an automatic confirmation of receipt of the order under these business terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to their email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by a confirmation of acceptance by the buyer to the email address of the seller.
6. The goods in the online shop are intended only for persons over 18 years of age. By granting consent upon entering the online shop, the visitor confirms his/her age.
1. Upon registration of the buyer made in the online shop, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering in a customer account and ordering goods, the buyer is obliged to provide all the information correctly and truthfully. The buyer is obliged to update the information specified in the user account in case of any changes. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow the use of the customer account to third parties.
5. The seller may cancel the user account, especially if the buyer does not use their user account any longer, or if the buyer breaches their obligations under the purchase contract and these business terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of hardware and software of third parties.
1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer as follows:
• Payment by card online via Global Payment payment gateway
1. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Except as expressly provided below, the purchase price also includes the costs associated with the delivery of the goods.
1. In case of cashless payment, the purchase price is payable immediately.
2. In case of a cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the time the relevant amount is credited to the seller’s bank account.
3. The seller does not require any advance or other similar payment from the buyer in advance. Payment of the purchase price before the goods are shipped is not an advance.
• The goods are delivered to the buyer to the address specified by the buyer in the order through the courier company UPS
1. The method of delivery is carried out during the ordering of goods.
2. The costs of goods delivery depending on the method of dispatch and receipt of goods are indicated in the order of the buyer and in the confirmation of the order by the seller. In the event that the mode of transport is agreed on the basis of the buyer’s special request, the buyer shall bear the risk and any additional costs associated with this mode of transport.
3. If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery. In case that for reasons on the side of the buyer it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with other means of delivery.
4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the consignment, the buyer does not have to accept the consignment from the carrier.
5. The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s email address. The tax document is attached to the goods delivered in electronic form.
6. The buyer acquires the ownership right to the goods by paying the whole purchase price for the goods, including the cost of delivery, but first by taking over the goods. The liability for incidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take over the goods but did not do so contrary to the purchase contract.
7. Our warehouses ensure fast and tax-free delivery for all orders within the European Union. Orders from outside the EU will be billed without taxes, resulting in a cheaper price during checkout. Please be aware that such orders may be subject to import taxes and customs duties, which the buyer is responsible for paying. Refusing to pay these fees may result in the inability to return the parcel or issue a refund.
The delivery company may request documentation both during the delivery process and in advance to ensure that you are of legal age and entitled to purchase our products. It’s an essential procedure aimed at verifying that our goods are sold responsibly and in compliance with age-restriction laws.
1. The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period shall be 14 days:
• from the date of receipt of the goods,
• from the date of receipt of the last delivery of the goods, where several types of goods or the supply of several parts are the subject of the contract,
• from the date of receipt of the first delivery of the goods if the subject of the contract is a periodic re-supply of the goods.
1. The buyer cannot, among other things, withdraw from the purchase contract:
• concerning the provision of services if they were fulfilled with his prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
• on the supply of goods or services the price of which depends on the fluctuations of the financial market, irrespective of the seller’s will, and which may occur during the withdrawal period,
• on the supply of goods which have been modified according to the wishes of the buyer or for his person,
• on the supply of goods which are perishable and goods which have been irreversibly mixed with other goods after delivery,
• on the supply of goods in sealed packaging which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
• concerning the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
• in other cases referred to in Section 1837 of the Civil Code.
1. In order to comply with the withdrawal period, the buyer must send a withdrawal declaration within the withdrawal period.
2. For withdrawal from the purchase contract, the buyer may use the sample form for withdrawal from the contract provided by the seller. The withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these business terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.
3. The buyer who withdrew from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract. The buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by post as usual due to their nature.
4. If the buyer withdraws from the contract, the seller shall return without delay, but no later than 14 days from the withdrawal, all funds including the delivery costs received from him and in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees with this and if no additional costs are incurred.
5. If the buyer has chosen a different method than the cheapest method of delivery of the goods offered by the seller, the seller shall reimburse the buyer the cost of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of the goods.
6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hand over the goods or proves that the goods were sent to the seller.
7. The goods must be returned by the buyer to the seller undamaged, unworn and untainted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages incurred to the goods against the buyer’s claim for a refund of the purchase price.
8. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the e-mail address specified in the order and return, within 14 days of the notification of withdrawal from the purchase contract, all funds including the delivery costs received from him under the contract in the same manner or in a manner determined by the buyer.
1. The seller is liable to the buyer that the goods have no defects at the time of acceptance. In particular, the seller shall be liable to the buyer that when the buyer took over the goods:
• the goods have the characteristics agreed by the parties and, in the absence of an arrangement, have the characteristics described by the seller or manufacturer or expected by the buyer, having regard to the nature of the goods and advertising carried out by them,
• the goods are fit for the purpose indicated for their use by the seller or for which the goods of this kind are normally used,
• the goods correspond to the quality or performance of the agreed sample or template, if the quality or design has been determined according to the agreed sample or template,
• the goods are in the appropriate quantity, measure or weight; and
• the goods comply with the requirements of the legislation.
1. If the defect appears within six months of the takeover of the goods by the buyer, the goods shall be deemed to have been defective at the time of acceptance. The buyer is entitled to exercise the right to claim defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by their normal use, to defects of the goods used corresponding to the degree of use or wear which the goods had when taken over by the buyer, or to the extent that this is due to the nature of the goods.
2. In the event of a defect, the buyer may submit a complaint to the seller and request:
• exchange for new goods,
• repair of goods,
• a reasonable discount on the purchase price,
• withdraw from the contract.
1. The buyer has the right to withdraw from the contract,
• if the goods have a material defect,
• if the item cannot be properly used for repeated occurrence of defects or defects after repair,
• with more defects in the goods.
1. The seller is obliged to accept the claim at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer when the buyer exercised the right, stating what is the content of the complaint and what method of handling the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification of rejection of the complaint.
2. The seller or his authorised staff shall decide on the claim immediately, in complex cases within three working days. This period shall not include a period appropriate to the type of product or service required for the professional examination of the defect. Complaints, including the removal of the defect, must be dealt with immediately, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment when the claim is filed is the moment when the buyer’s manifestation of will (exercising the right to claim defective performance) is indicated to the seller.
3. The seller shall inform the buyer in writing of the outcome of the claim.
4. The right to claim defective performance does not appertain to the buyer if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
5. In the event of a legitimate claim, the buyer has the right to reimbursement of the cost incurred effectively in connection with the claim. This right may be exercised by the buyer with the seller within one month of the expiry of the warranty period.
6. The buyer has the choice of the claim method.
7. The rights and obligations of the parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection.
1. The contracting parties may deliver all written correspondence to each other by electronic mail.
2. The buyer shall deliver the correspondence to the seller to the e-mail address specified in these business terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or order.
3. When taking over the order, the customer’s age can be a verified by valid personal document.
1. The out-of-court settlement of consumer disputes from the purchase contract in in the competence of the Slovak Trade Inspection Authority. The online dispute resolution platform (ODR platform), located at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. The seller is entitled to sell the goods on the basis of a business license.
1. All arrangements between the seller and the buyer is governed by the legal order of the Slovak republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to consumer rights arising from generally binding legislation.
2. The seller is not bound by any codes of conduct in relation to the buyer pursuant to the provisions of Section 1826 (1)(e) of the Civil Code.
3. All rights to the seller’s website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements belong to the seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the consent of the seller.
4. The seller shall not be liable for errors resulting from interference by third parties in the online shop or as a result of its use in violation of its intended purpose. The buyer shall not use procedures which could have a negative impact on his operation and shall not engage in any activity in the use of the online shop, which could allow him or third parties to tamper with or use software or other components constituting the online shop illegally and to use the online shop or part thereof or its software in a way that is contrary to its intended designation or purpose.
5. The buyer hereby assumes the risk of changing the circumstances pursuant to Section 1765(2) of the Civil Code.
6. The purchase contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The seller may amend or supplement the wording of the business terms and conditions. This provision shall be without prejudice to the rights and obligations arising during the period of application of the previous version of the business terms and conditions.
8. The annex to the business terms and conditions is a sample form for withdrawal.
These business terms and conditions shall take effect on 01 January 2023.
The controller of personal data referred to in Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as: “GDPR”) is:
Internet shop: www.killapods.eu (hereinafter: “e-shop”).
Operator: NGP Tobacco Online s.r.o.
Company identification number: 54679800
Tax registration No.: SK2121752842
Registered office: Mikovíniho 19, 917 02 Trnava (SK)
File reference: 51866/T maintained by the Trnava City Court
(hereinafter referred to as: “controller”).
Contact information of the controller:
Telephone: (+421) 2 3333-1066
Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to a specific identifier, such as name, identification number, location data, network identifier or one or more specific physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The controller has not appointed a data protection officer.
The controller processes personal data that you have provided to him or personal data that the controller has obtained based on the fulfilment of your order.
The controller processes your identification and contact data and data necessary for the performance of the contract.
The legal reason for personal data processing is
⦁ performance of the contract between you and the controller pursuant to Article 6(1)(b) GDPR
⦁ the legitimate interest of the controller in the provision of direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) GDPR,
⦁ your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) GDPR in connection with Section 7 (2) of Act No. 480/2004 Coll., on certain information society services in the event that no goods or services have been ordered. February The purpose of personal data processing is
⦁ settlement of your order and exercise of rights and obligations arising from the contractual relationship between you and the controller; when ordering, personal data are required, which are necessary for successful processing of the order (name and address, contact), provision of personal data is a necessary requirement for concluding and fulfilling the contract, without providing personal data it is not possible to conclude the contract or perform it by the controller,
⦁ sending business messages and doing other marketing activities. 3. There is no automatic individual decision-making by the controller pursuant to Article 22 GDPR.
1. The controller stores personal data
⦁ for the time necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and to assert claims arising from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).
⦁ for as long as the consent to the processing of personal data for marketing purposes is revoked, for a maximum of 5 years, if the personal data are processed on the basis of the consent.
2. Upon expiry of the retention period of personal data, the controller shall delete the personal data.
3. Recipients of Personal Data (Subcontractors of the Controller)
4. The recipients of personal data are persons
⦁ involved in the supply of goods / services / execution of payments under the contract,
⦁ providing e-shop operation services and other services in connection with e-shop operation
⦁ providing marketing services
2. The controller does not intend to transfer personal data to a third country (non-EU country) or an international organisation.
3. Customer Rights
4. Under the conditions set out in GDPR, you have the
⦁ right of access to personal data in accordance with Article 15 GDPR,
⦁ right to rectify personal data in accordance with Article 16 GDPR and, where appropriate, restrictions on processing as referred to in Article 18 GDPR.
⦁ right to erasure of personal data in accordance with Article 17 GDPR.
⦁ right to object to the processing referred to in Article 21 GDPR and
⦁ right to data portability as referred to in Article 20 GDPR.
⦁ right to withdraw consent to processing in writing or by electronic means to the address or e-mail of the controller referred to in Article III of these terms and conditions.
2. You also have the right to lodge a complaint with the Office for Personal Data Protection if you believe that your right to the protection of personal data has been violated.
4. The controller declares that it has taken all appropriate technical and organisational measures to safeguard personal data.
5. The controller has taken technical measures to secure data repositories and personal data repositories in paper form.
6. The controller declares that only authorised persons have access to the personal data.
These terms and conditions shall take effect on 1 January 2023.
Internet banking for Baltic countries (Estonia, Latvia, Lithuania). Make the payment via Internet Banking with the following bank links: Luminor, Swedbank, SEB, Citadele, LHV
You can pre-pay for items using VISA, MasterCard and Maestro credit and debit cards, which securely to pay online.
DELIVERY TIME & CUSTOMS DUTIES
Standard/Free shipping with a transit time takes of 3 – 10 business days from time of shipping Express delivery with a transit time of 1 – 5 business days from time of shipping.
If ordering to a destination where packages incur import duties and/or taxes (e. g. non-EU countries), customer as the importer is responsible for payment of any such cost. Packages that cannot be delivered due to non-payment will not be returned to us but confiscated and destroyed in the destination country without refund or compensation.
Accepted currencies are EUR. For visitors from any EU country or having selected an EU country for shipping. Product prices are shown without VAT
When ordering to non-EU countries, additional costs like e. g. customs duties, VAT and possibly further taxes may apply when reaching the destination country. Customers are liable for payment of any such cost.
Orders that have already been processed and shipped can no longer be cancelled.
Cancellation requests have to be sent as soon as possible, either from within the customer account using the cancellation request feature or, alternatively, by email to our support team at email@example.com The following subject line should be used to facilitate speedy processing of such requests : “Order xxxxxx – Cancel“.
PRIVACY, COOKIES & COPYRIGHT
We will not hand out nor sell any information to 3rd parties. As a customer, you are responsible to keep your login and password safe and also responsible for any consequences should someone use your account. Any orders using another persons account without that persons agreement that cause economical or other damage will be notified to the police.
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