General Terms and Conditions

I. Introductory Provisions

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") regulate the rights and obligations between us as the seller and you as the buyer in the sale of our goods (or the provision of services), particularly through the online store https://bratiska.sk/ (hereinafter also referred to as the "e-shop").

1.2 The seller is Bratiska, s.r.o., with its registered office at: Klemensova 17, 811 09 Bratislava - Staré Mesto, Slovak Republic, Company ID: 48 077 844, registered in the Commercial Register of the Bratislava III District Court, Section Sro, Insert No. 102838/B, VAT ID SK2120035544 (hereinafter referred to as the "seller").

1.3 The buyer is any natural or legal person who, by placing an order under Article II of these GTC, has entered into a contractual relationship with the seller (hereinafter referred to as the "buyer").

1.4 If the buyer is a natural person who, when concluding and fulfilling the contract with the seller, does not act within the scope of their business or other entrepreneurial activity, they are also considered a consumer (hereinafter referred to as the "consumer").

1.5 The Commercial Code refers to Act No. 513/1991 Coll., the Commercial Code as amended (hereinafter referred to as the "Commercial Code").

1.6 The Civil Code refers to Act No. 40/1964 Coll., the Civil Code as amended (hereinafter referred to as the "Civil Code").

1.7 The Consumer Protection Act refers to Act No. 108/2024 Coll. on Consumer Protection as amended (hereinafter referred to as the "Consumer Protection Act").

II. Ordering Goods and Contract Conclusion

2.1 An order is created by the buyer selecting goods (or services) in the e-shop and completing and submitting the order form. To properly place an order, the required details must be filled in the order form, and a delivery and payment method must be selected.

2.2 By submitting an order, the buyer confirms the accuracy and correctness of their entered data. Sending an order is considered a binding proposal for concluding a contract with the seller.

2.3 By confirming the order, the seller concludes the contract and establishes a contractual relationship between the buyer and the seller. The seller thereby undertakes to deliver the ordered goods (or service) to the buyer in the agreed quantity and quality, within the agreed delivery period, and to the agreed delivery location. The buyer undertakes to pay the full purchase price, including delivery and payment costs, and to accept the ordered goods (or service).

2.4 The contract may also be concluded in another manner, such as by sending an order via email or telephone and its subsequent confirmation by the seller or by the buyer accepting a price offer.

2.5 The seller is entitled to withdraw from the contract in case of unavailability of the goods (or service) or the occurrence of force majeure events that prevent proper contract fulfillment.

2.6 By submitting an order, the buyer confirms that they have read and agree to these GTC.

III. Buyer Account

3.1 The buyer may register on the e-shop and create an account.

3.2 Through their account, the buyer can track their orders, history, and complaints. Creating an account also simplifies the ordering process.

3.3 By registering an account, the buyer confirms that they have read and agree to these GTC.

3.4 Creating an account is voluntary, and the sale of goods (or the provision of services) is not conditional on having an account.

3.5 The buyer is required to keep their account login details secure.

IV. Prices and Payment Terms

4.1 The buyer undertakes to pay the purchase price for the ordered goods (or service), delivery costs, and payment fees properly and on time.

4.2 The buyer may make a payment using one of the following methods: - Payment via credit card (before receipt, after placing an order); - Bank transfer (before receipt, after placing an order); - Cash on delivery (upon receipt); - Another payment method explicitly agreed upon between the seller and the buyer

4.3 Any applicable fee for a specific payment method will be displayed when placing an order (or in an individual price offer). This fee will be added to the purchase price, and the buyer undertakes to pay it.

4.4 The seller is not obliged to deliver the ordered goods (or service) if payment is not made. If payment via credit card is not properly processed immediately after placing the order or if payment is not made by another agreed method, the seller has the right to withdraw from the contract, thereby terminating the contractual relationship.

4.5 Current prices are listed in the e-shop for individual goods and apply exclusively to purchases made in the e-shop. All listed prices are final, including VAT. Prices do not include delivery costs or payment fees.

4.6 The seller is bound by the price of the goods listed on the e-shop at the time of the buyer's purchase, i.e., when placing a valid order according to Article II of these GTC.

4.7 For wholesale purchases, an individual price offer can be prepared upon request.

4.8 Invoices will be sent exclusively electronically after payment has been received. If the buyer requests a printed invoice, it will be sent later by mail.

V. Delivery and Shipping Conditions

5.1 Orders can be delivered using one of the following methods: - Via Packeta; - Via courier; - Another delivery method explicitly agreed upon between the seller and the buyer.

5.2 The costs for a specific delivery method will be displayed when placing an order (or in an individual price offer). These costs will be added to the purchase price, and the buyer undertakes to pay them.

5.3 Estimated shipping times are listed in the e-shop for individual products. Goods will be dispatched as soon as possible, considering capacity constraints, so that they are delivered within 30 days from the contract conclusion unless a longer estimated shipping or delivery time is stated for the product or unless agreed otherwise.

5.4 If the buyer fails to collect the goods from the carrier within the specified collection period, the seller is entitled to charge a storage fee. The seller also has the right to withdraw from the purchase contract. The buyer is liable for any damage caused by their failure to collect the ordered goods (including, but not limited to, transport costs and lost profits). If the buyer has already paid for the goods before delivery, the seller is entitled to offset its claim for damages against the paid price.

VI. Consumer’s Right to Withdraw from the Contract Without Stating a Reason

6.1 A buyer who is a consumer has the right to withdraw from the contract without stating a reason within 14 calendar days from the date of receipt of the goods, under the conditions specified below in this article of the GTC and in §19 and subsequent sections of the Consumer Protection Act.

6.2 The consumer may exercise their right to withdraw from the contract in writing or via email using the seller's contact details provided at https://bratiska.sk/kontakt. The consumer may use the withdrawal form for this purpose (although its use is not mandatory). The withdrawal period is considered met if the withdrawal notice is sent on the last day of the withdrawal period.

6.3 The consumer is obliged to return the goods at their own risk to the seller within 14 calendar days from the date of withdrawal from the contract under this article of the GTC or hand them over to the seller at the return address specified at https://bratiska.sk/kontakt. The withdrawal period is considered met if the goods are sent on the last day of the period. The consumer bears the costs of returning the goods to the seller. The consumer must return the goods in their original condition, unused, undamaged, and complete. The consumer is liable for any reduction in the value of the goods that results from handling beyond what is necessary to determine the properties and functionality of the goods.

6.4 The seller is obliged to refund all payments to the consumer within 14 days from the date of receipt of the withdrawal notice in accordance with this article of the GTC. Unless otherwise agreed, the payments will be refunded using the same payment method the consumer used for the original transaction. The seller is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a different delivery method than the least expensive standard delivery method offered by the seller. Additional costs are understood as the difference between the delivery costs chosen by the consumer and the costs of the least expensive standard delivery method offered by the seller. The seller is not obliged to refund the consumer before the returned goods are received or before the consumer provides proof of having sent the goods back to the seller.

6.5 The consumer does not have the right to withdraw from the contract under this article of the GTC if the goods were purchased and collected in person from the seller or if the goods were custom-made according to the consumer’s specifications or made to measure.

6.6 Information on exercising this right to withdraw without stating a reason under the Consumer Protection Act, as well as the sample withdrawal form, are included as Annex No. 1 to these GTC.

VII. Product Characteristics and Usage

7.1 The characteristics of the goods are stated for each product in the e-shop, as well as on the products themselves (e.g., in the case of clothing).

7.2 When using the goods, the buyer must follow the instructions provided in the e-shop or on the product itself.

7.3 Printed materials (prints, posters, etc.) should be stored in a dry and dark place. Printed materials may have color variations, which do not constitute a defect in the goods.

7.4 The lifespan of goods depends on usage intensity and care. Wear and tear caused by use does not constitute a defect in the goods.

VIII. Liability for Defects

8.1 If the goods have defects, the buyer may claim liability for defects from the seller in accordance with this article of the GTC.

8.2 The buyer may submit claims for defects via the complaint form at https://bratiska.sk/reklamacny-formular, in writing, or via email.

8.3 Special provisions applicable exclusively to buyers who are consumers: • The seller is liable for defects that the goods had at the time of delivery and that become apparent within two years of delivery. • The seller is liable for defects in accordance with §618 and subsequent sections of the Civil Code. • The seller shall immediately provide the consumer with a confirmation of the defect claim, including the timeframe for defect resolution. The indicated timeframe must not exceed 30 days from the date of the defect claim, unless a longer period is justified due to an objective reason beyond the seller’s control. • If the seller denies liability for defects, they must provide written justification to the consumer. If the buyer provides expert evidence (such as an assessment from an accredited, authorized, or notified body) proving the seller’s liability, the consumer may claim the defect again, and the seller may not refuse liability. • If the seller is liable for the defect, the consumer has the right to have the defect remedied through repair or replacement, to request a reasonable price reduction, or to withdraw from the contract. • The consumer may claim liability for defects only if they report the defect within two months of discovering it and within two years from the delivery date. • The consumer has the right to choose whether the defect should be remedied by repair or replacement. The consumer may not choose a remedy that is impossible or that would cause disproportionate costs to the seller in comparison with the other method. The consumer must return or make the item available to the seller for repair or replacement. The seller must complete the repair or replacement within a reasonable period, free of charge, and without causing significant inconvenience to the consumer, considering the nature of the goods and their intended use. The seller may refuse to remedy the defect if repair or replacement is impossible or if it would involve disproportionate costs. • The consumer has the right to a reasonable price reduction or to withdraw from the contract if (i) the seller has not repaired or replaced the goods, (ii) the seller has refused to remedy the defect, (iii) the goods have the same defect despite repair or replacement, (iv) the defect is so severe that an immediate price reduction or contract withdrawal is justified, or (v) the seller has stated, or it is evident from the circumstances, that they will not remedy the defect within a reasonable period or without significant inconvenience to the consumer. The consumer may not withdraw from the contract if they contributed to the defect’s occurrence or if the defect is minor. Upon withdrawal from the contract, the consumer must return the goods at the seller’s expense. The seller must refund the purchase price within 14 days from receiving the returned goods or proof that the consumer has shipped the goods, whichever occurs first. • Exercising rights related to liability for defects does not preclude the consumer’s right to claim damages caused by the defect.

8.4 If the buyer is not a consumer, defect claims are governed by the Commercial Code.

8.5 Claims related to liability for defects are processed in accordance with the following legal regulations: - For consumers: the Civil Code and the Consumer Protection Act. - For non-consumer buyers: the Commercial Code.

8.6 The seller is not liable for defects caused by improper use in violation of these GTC. The seller is also not responsible for normal wear and tear of the goods.

IX. Dispute Resolution, Alternative Consumer Dispute Resolution

9.1 The seller and the buyer shall attempt to resolve any disputes amicably.

9.2 If disputes cannot be resolved amicably, they shall be settled by the competent courts of the Slovak Republic.

9.3 If disputes cannot be resolved amicably, the consumer has the right to resolve the dispute through alternative dispute resolution under Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution, as amended.

9.4 The consumer has the right to request remediation from the seller if a dispute arises from the enforcement of rights concerning liability for defects or if the consumer believes that the seller has violated their rights. The consumer has the right to submit a proposal for alternative dispute resolution to an authorized entity if the seller either rejects the consumer’s request for remediation or does not respond within 30 days from the date of submission. This does not affect the consumer’s right to take the matter to court.

9.5 A list of entities providing alternative dispute resolution is available at: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

9.6 A proposal may be submitted in writing, electronically, or orally in the form of a protocol, unless the rules of the alternative dispute resolution entity specify otherwise. Consumers may use the designated form, which is available on the website of the Ministry and each alternative dispute resolution entity (links are provided in the section above). Consumers may also submit a proposal via the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK

X. Personal Data Protection

10.1 The buyer’s personal data, as well as the data of other affected individuals, will be processed in accordance with the seller’s privacy policy, which is available on the website: https://bratiska.sk/

XI. Contact Information

11.1 The buyer may contact the seller using the contact details provided on the website: https://bratiska.sk/kontakt

XII. Final Provisions

12.1 These GTC and the relationships arising from them are governed by the legal order of the Slovak Republic, specifically: - For buyers who are consumers: the Civil Code and the Consumer Protection Act; - For buyers who are not consumers: the Commercial Code.

12.2 References in these GTC to legal regulations shall be considered as references to those legal regulations, including any amendments or replacements.

12.3 The provisions of these GTC concerning consumers do not apply to buyers who are not consumers.

12.4 Within the limits of the law, the seller reserves the right to unilaterally modify or supplement these GTC. In the event of changes to the GTC, the contractual relationship between the seller and the buyer shall be governed by the version of the GTC that was valid at the time the buyer placed the order.

12.5 The seller and the buyer declare that they fully accept remote communication, particularly electronic communication via email and the internet, as valid and binding for both parties.

12.6 If any provision of these GTC is or becomes invalid or ineffective, it shall not affect the validity or effectiveness of the contract or the remaining provisions of the GTC. In such a case, the invalid or ineffective provision shall be replaced by a valid and effective provision that best achieves the original intent of the invalid or ineffective provision or serves the purpose of these GTC and the contract to the greatest extent possible.

12.7 These GTC are valid from 29.1.2025

INSTRUCTION ON THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT, pursuant to article IV of the GTC

1. Right to Withdraw from the Contract

You have the right to withdraw from this contract without stating a reason within 14 days. The withdrawal period expires 14 days from the day you or a third party designated by you, other than the carrier, takes possession of the goods.

To exercise the right to withdraw from the contract, you must inform us of your decision to withdraw from this contract with a clear statement (e.g., by letter sent by post or by email) to: Bratiska, s.r.o., Klemensova 17, 811 09 Bratislava, Slovakia, +421 220 924 425, obchod@bratiska.sk

You may use the sample withdrawal form provided below, but it is not mandatory.

If you prefer, you may complete and submit the withdrawal form or any other unambiguous statement regarding your withdrawal electronically via our website: https://bratiska.sk/reklamacny-formular. If you use this option, we will confirm receipt of your withdrawal without delay on a durable medium (e.g., by email).

The withdrawal period is deemed to be met if you send your notice of withdrawal before the 14-day period expires.

You do not have the right to withdraw from the contract without stating a reason if: - The goods were purchased and collected in person, or - The goods were custom-made according to your specifications or personalized.

2. Consequences of Withdrawal from the Contract

After withdrawing from the contract, we will refund all payments you have made in connection with the contract, including the cost of delivering the goods to you. However, this does not apply to additional costs if you have chosen a different type of delivery than the least expensive standard delivery method we offer.

The refund will be processed within 14 days from the day we receive your notice of withdrawal from this contract. The payment will be refunded using the same method you used for the original transaction, unless you expressly agree to a different method, and without any additional fees.

We may withhold the refund until we receive the returned goods or until you provide proof that you have sent the goods back, whichever occurs first.

You must send the goods back to us or hand them over at the following address: Merch s.r.o., P.O.BOX 208, 903 01 Senec, Slovakia.

This must be done within 14 days from the date you exercised your right to withdraw from the contract. The return period is considered met if you send the goods before the 14-day deadline expires. You bear the direct costs of returning the goods. You are only liable for any reduction in the value of the goods resulting from handling them in a way beyond what is necessary to determine their nature, characteristics, and functionality.

SAMPLE WITHDRAWAL FORM

Pursuant to Article VI of the GTC (Complete and send this form only if you wish to withdraw from the contract.)

To: Bratiska, s.r.o., Klemensova 17, 811 09 Bratislava, Slovakia, obchod@bratiska.sk

I hereby inform you that I am withdrawing from the contract for the following goods:

• Ordered on / received on: ..............

• Consumer’s full name: ..............

• Consumer’s address: ..............

• Consumer’s signature (only if this form is submitted in paper format): ..............

• Date: ..............