1. Basic Information

These general terms and conditions (hereinafter also referred to as "GTC") regulate the rights and obligations of the contractual parties arising from the purchase agreement concluded between the seller, represented by the company

DINO Slovakia, spol. s r.o., with its registered office at Kamenice 5308/15, Pezinok 902 01,
ID: 36 216 291,
VAT ID: SK2020049053,
registered in the Commercial Register kept by the District Court Bratislava III,
Section: Sro, Entry No.: 147577/B,
the person responsible for the operation of the business: Dionýz Hudák

(hereinafter also referred to as the "seller"), and the buyer – consumer or buyer – entrepreneur
(hereinafter also referred to as the "buyer"), whose subject is the purchase and sale of goods on the website of the seller's online store www.divinecosmetics.eu.

Contact details of the seller:

Email (contact): orders@divinecosmetics.eu
Email (complaints): claims@divinecosmetics.eu
Phone: +421 917 641045
Address for receiving documents: Kamenice 5308/15, Pezinok 902 01, Slovakia
Bank account for non-cash payments: 1257578080/1111
IBAN: SK63 1111 0000 0012 5757 8080

Supervisory authority: Slovak Trade Inspection (SOI) SLOVAK TRADE INSPECTION,
Inspectorate of SOI for Bratislava region Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava
Department of Supervision Performance ba@soi.sk tel. no. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70

For the purposes of these GTC, the seller is understood to be the company DINO Slovakia,
spol. s r.o., as defined above. The buyer according to these GTC is a natural person acting as a
consumer or a businessperson, whether an individual entrepreneur or a legal entity. A
consumer is a natural person who, when entering into and fulfilling a consumer contract, does
not act within the scope of their business or other entrepreneurial activities. A businessperson
is defined as:

• a person registered in the commercial register,
• a person conducting business based on a trade license,
• a person conducting business based on a license other than a trade license according tospecial regulations,
• a person engaged in agricultural production and registered in accordance with special regulations.

Entrepreneur, for the purposes of these General Terms and Conditions (GTC), is also understood to be someone who acts within the scope of their business activities.

1.1. The purchase on www.divinecosmetics.eu constitutes the conclusion of a purchase agreement between the seller and the buyer. These general terms and conditions (GTC) specify the content of this agreement.

1.2. By placing an order (e.g. by clicking the button completing the order), these GTC become binding for the buyer. They include, in particular, the Complaints Procedure, Personal Data Protection Policy, Methods of Delivery, conditions of individual services offered, and other documents referred to in these GTC.

2. Purchase through the online shop

2.1. Purchases are made at www.divinecosmetics.eu.

2.2. The order is created at the moment of clicking the button designated to complete the order. Until this point, the buyer can freely modify their order in the shopping cart, including the method of delivery and payment.

2.3. The contract is concluded only when the seller confirms the order, usually within 24 hours. The buyer will receive the order confirmation at their provided email address, and the seller requests verification of the entered data. The confirmation of the order includes these GTC, Complaints Procedure, and a form for contract withdrawal. 

2.4. Subsequent changes to the order are possible only by mutual agreement or under conditions stipulated by law or these GTC.

2.5. The buyer is entitled to cancel the order until its confirmation by the seller. This provision does not affect the consumer's right under § 7 para. 5 of Act No. 102/2014 Coll., pursuant to which the consumer can withdraw from the contract (if already concluded) for the delivery of goods before the commencement of the withdrawal period. If the buyer has paid the purchase price or its part before canceling the order, the seller will refund the amount within 14 days from the cancellation, using the same payment method as the consumer.

2.6. The seller undertakes to process the order within 30 days from the conclusion of the contract, but typically processes the order within 5 working days.

3. Options for Product Delivery

3.1. The current methods, conditions, and prices for individual product deliveries can be found on www.divinecosmetics.eu.

3.2. The seller will deliver the selected goods to the buyer by the chosen method, and the buyer's obligation is to enable and accept such delivery. Along with the goods, the seller will provide other documents related to the item. If the buyer has chosen delivery to an address or a pick-up point of one of the transport partners, the seller will deliver the goods to the carrier, who will ensure its delivery to the buyer in the chosen manner within the specified time.

3.3. The buyer will be informed about the estimated delivery time and other information regarding the chosen delivery method through their email address provided during the order. The estimated delivery time may change depending on the logistics capabilities of the carriers, and the buyer will be promptly informed of any changes. In the event of force majeure or a system outage, the seller is not responsible for delayed delivery of goods.

3.4. During the acceptance of the goods, the buyer should check whether the correct quantity of goods has been delivered as ordered. Furthermore, the buyer should check if the package is not visibly damaged, compressed, or otherwise deformed. If the package is damaged, the buyer has the right to refuse the goods or accept the goods and record their condition in the delivery protocol together with the carrier. The buyer should then send this protocol, along with a description of the shipment's defect, to the email address claims@divinecosmetics.eu or by mail to the company's registered office address.

3.5. If the buyer has paid in advance for their goods, in some cases, according to the terms and conditions of the respective carrier, they will be required to present the relevant PIN code at the time of product delivery. This PIN code will be sent to the buyer's phone number provided in the order or via their email. In this case, the carrier also has the right to request the buyer to present an ID card or passport, authorization for receiving the goods by someone other than the buyer, or, if necessary, the carrier may request the buyer's signature /authorized person's signature/ instead of the PIN code upon receipt. If the buyer fails to provide identification in this manner, it may result in the goods not being released to the buyer.

3.6. If the buyer is a legal entity, the goods will be handed over only to:
1. the statutory body of the legal entity,
2. a person who can prove their authority with a verified power of attorney.

3.7. Goods purchased by a natural person – entrepreneur will be handed over only upon presentation of a valid ID.

3.8. If the buyer refuses to accept the goods during delivery, they have an alternative deadline to pick up the goods. If the buyer fails to pick up the goods even within this additional period, it automatically leads to the cancellation of the contract.

4. Complaints or What to Do with Defective Goods

4.1. All conditions and procedures in the case of a product complaint are governed by the Complaints Procedure, which is an integral part of these GTC.

4.2. The product is defective if it does not have agreed-upon properties. Defect also includes the delivery of a different product and any defects in the documents necessary for using the product. The right arising from defective performance is based on a defect that the product had when the risk of damage passed to the buyer, even if it becomes apparent later.

4.3. The right arising from defective performance does not apply if the buyer knew about the defect before taking over the item or if they caused the defect themselves. If it is a product sold at a lower price or a used product, the buyer has the right to a reasonable discount instead of the right to exchange the product.

Transfer of the Risk of Damage

4.4. As soon as the risk of damage passes to the buyer, the buyer should, if possible, inspect the product and verify its properties and quantity. The buyer is obliged to inform the seller without undue delay about any identified defects and deficiencies.

4.5. The risk of damage transfers to the buyer upon acceptance of the product. The same consequence occurs if the buyer does not accept the product, although the seller has enabled them to handle it.

4.6. Damage to the product that occurs after the risk of damage passes to the buyer does not affect the buyer's obligation to pay the purchase price. The buyer is not obligated to pay the purchase price only if the damage was caused by a breach of the seller's obligation. If the buyer delays taking over the goods, the seller has the right to sell the goods after giving suitable notice and following a supplementary reasonable deadline for their acceptance. This also applies if the buyer is in delay with payment, upon which the delivery of the goods is conditioned.

Seller's Liability

The seller is responsible for ensuring that the product is free from defects upon acceptance. In particular, the seller is responsible for ensuring that at the time the buyer takes over the product: 
a) it has the properties agreed upon; and if there is no such agreement, that the product has the
properties described by the seller or the manufacturer, or which can be expected with regard
to its nature;
b) it is suitable for the purpose for which the product of this kind is usually used, as indicated by the seller or for which the product is typically used.
c) is in the corresponding quantity, dimension, or weight;
d) complies with the requirements of legal regulations.

Quality Guarantee

4.7. The seller guarantees the quality, committing that the product will be suitable for normal use for a certain period or will retain its usual properties. The effects of the guarantee also apply to the specified warranty period or the usability period of the product on the packaging or in advertising. The guarantee can also be provided for individual components of the product.

4.8. The warranty period starts from the delivery of the product to the buyer; if the product is shipped according to the contract, it starts from the delivery of the product to the destination. If someone other than the seller is to put the purchased product into operation, the warranty period starts from the day the product is put into operation, provided the buyer ordered the operation from the seller along with the product or at the latest within three weeks of receiving the product, and the buyer properly and timely provided the necessary cooperation for the service.

4.9. The buyer has no right to a warranty if the defect occurred after the risk of damage passed to the buyer due to an external event.

5. Termination of the Contract

5.1. The consumer buyer has the right to terminate the contract and return the product within 14 days if they purchased it through the seller's website /remotely/. In such a case, the buyer must return the product undamaged, unharmed, and without signs of use. The consumer has the right to test and inspect the product similarly to a "brick-and-mortar" store.

5.2. The consumer buyer cannot terminate the contract, for example, for hygienic goods delivered in sealed protective packaging that the consumer has removed from such packaging, or for goods made to the consumer's specifications.

5.3. The consumer buyer has the right to terminate the contract and request a refund within fourteen days from the date of receiving the product. The product is considered received by the consumer at the moment when the consumer or a third party designated by them, except for the carrier, takes possession of all parts of the ordered product, or if
a) the products ordered by the consumer in one order are delivered separately, at the moment
of taking possession of the product delivered last,
b) the product consists of several parts or pieces, at the moment of taking possession of the last part or last piece,
c) the product is delivered repeatedly during a defined period, at the moment of taking possession of the first delivered product.

5.4. The contract can also be terminated by completing and sending the model withdrawal form published on the seller's website to the seller's address or contact email. The deadline for terminating the contract is considered to be met if the notice of termination of the contract was sent to the seller no later than on the last day of the 14-day period.

5.5. Once the consumer terminates the contract, they are obliged to return the product without undue delay, no later than 14 days from the termination of the contract itself. The product should be undamaged, unused, and clean, including all accessories received by the buyer. If possible, the product should be returned in its original packaging.

5.6. In the case of consumable goods or hygiene products, termination of the contract is only possible if the original packaging is not violated, or another hygienic packaging protecting the 5.7. Termination of the contract is not possible:
a) for goods subject to rapid deterioration or spoilage,
b) for the sale of goods or the provision of a service whose price depends on movements in the financial market that the seller cannot influence and which may occur during the withdrawal period.
c/ in the sale of goods made according to the consumer's specific requirements, custom-made goods, or goods specifically intended for a particular consumer,
d/ in the sale of goods sealed in protective packaging that is not suitable to be returned due to health protection or hygiene reasons, and whose protective packaging has been damaged after delivery,
e/ in the sale of goods that, due to their nature, may become inseparably mixed with other goods after delivery, f/ concerning the transportation of the goods, as it is arranged for a specific period.

5.8. If the buyer returns the product damaged, scratched, or with other signs of wear, or if the value of the product has been diminished due to handling it differently than necessary considering its nature and properties, the seller may reduce the refunded purchase price by an amount corresponding to such wear. In such cases, the damage will be quantified, and the refunded purchase price will be reduced accordingly.

5.9. The seller is obliged to return to the buyer all payments received from them based on the contract or in connection with it, including the costs of transportation, delivery, postage, and other costs and fees, no later than 14 days from the withdrawal from the contract in the same way the payment was made. However, the seller is not obliged to refund payments in the sense of the preceding sentence before the buyer has returned the product to the seller or proven that they have dispatched the product. The seller is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a different method of delivery than the cheapest standard method of delivery offered by the seller /clause 5.5/.
Additional costs mean the difference between the costs of delivery chosen by the consumer and the costs of the cheapest standard method of delivery offered by the seller.

5.10. If the buyer is a business entity (i.e., buying with a business ID), they do not have the right to return the product within 14 days when purchasing remotely /through the seller's web portal/.

5.11. The seller as a retail seller does not bear responsibility for further resale of the offered products and any associated lost profits. Withdrawal from the Contract by the Seller

5.12. The seller is entitled to withdraw from the sales contract due to depletion of stock, unavailability of the product, or if the manufacturer, importer, or supplier of the agreed product in the sales contract has interrupted production or made such significant changes that make it impossible to fulfill the seller's obligations arising from the sales contract or for reasons of force majeure. The seller is also entitled to withdraw from the sales contract if the buyer does not take over the goods within five working days from the day the buyer was obliged to take over the goods. The seller is also entitled to withdraw from the sales contract in the case of incorrect pricing of the goods, as described in Chapter 8 of the Terms and Conditions.

5.13. If the buyer has already paid the purchase price of the product or its part, this amount will be refunded to the buyer in the same way, no later than 14 days from the day following the withdrawal from the contract by the seller.

6. Complaints or Dispute Resolution with the Seller

6.1. The consumer buyer is entitled to contact the seller with a request for redress if they were not satisfied with how the seller handled their complaint or if they believe that the seller has violated their rights. If the seller responds negatively to such a request or does not respond within 30 days from the date of its dispatch, the consumer buyer has the right to submit a proposal for the initiation of an alternative dispute resolution to the entity of alternative dispute resolution. Entities of alternative dispute resolution include authorities and authorized legal entities within the meaning of § 3 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes, such as the Slovak Trade Inspection. The consumer buyer is entitled to choose the entity of alternative dispute resolution to which they address. The seller's email contact: claims@divinecosmetics.eu. When submitting a proposal, the consumer buyer proceeds in accordance with § 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes. Alternative dispute resolution can settle a dispute between the consumer buyer and the seller arising from a consumer contract or related to a consumer contract. 

6.2. Consumer buyers are entitled to use the Online Dispute Resolution platform (hereinafter referred to as "ODR") to resolve their disputes in the language of their choice. Consumer buyers can use the ODR platform, available on the website http://ec.europa.eu/consumers/odr/, to resolve their disputes, filling out the electronic complaint form when submitting a complaint to the ODR platform. The information provided must be sufficient to identify the relevant entity for online alternative dispute resolution.
Consumer buyers can attach documents supporting their complaint.

7. Payment, Refund, Invoicing Details

7.1. The seller allows the buyer the following payment methods:
a/ online payment by credit card - at the time of placing the order,
b/ cash on delivery - in cash or by card upon receiving the goods,
c/ bank transfer based on the issued proforma invoice.
However, if the buyer does not pay the corresponding purchase price within 5 days from the delivery date of the proforma invoice to the seller, the seller may terminate the contract by the expiration of this period, and the purchase contract becomes void.
The contracting parties are obliged to return everything they have fulfilled until the cancellation of the Purchase Agreement;

7.2. Until the full payment of the purchase price, the goods remain the property of the seller (so-called retention of title).

7.3. Invoice details cannot be changed after the order has been dispatched.

7.4. Refund to individuals from third countries upon exporting goods under the conditions of the VAT Act occurs by non-cash transfer to the customer's account unless the seller decides to make the payment in another way. The preference for non-cash payment is not only due to legislation restricting cash payments but also to limit the risk of money laundering.

7.5. If the buyer withdraws from the contract or if a refund to the buyer is required for any other reason, the seller will refund the money in the same way it was received from the buyer. However, if it is not possible to refund the money in the same way, for example, due to the expiration of a credit card, cash payment to the courier, etc., the buyer is solely responsible for the accuracy of the payment details provided to the seller for the refund of funds. The buyer is also responsible for the accuracy of the details in cases where the seller complies with the buyer's request and refunds the money in a different way.

8. Purchase Price

8.1. The buyer is obliged to pay the seller the purchase price of the agreed-upon goods in the sales contract and/or according to the seller's price list valid at the time of concluding the sales contract, including the costs of delivering the goods (hereinafter referred to as the "purchase price"). All prices listed on the seller's website are final, including VAT. The price of the goods does not include the cost of shipping and packaging. Shipping costs and any packaging fees will be charged at the end of the order. The buyer pays the price of the goods as stated on the seller's website at the time of ordering. Individual discounts for buyers are subject to separate agreements.

8.2. If the buyer makes a non-cash transfer of the purchase price to the seller, the day of payment is considered the day when the entire purchase price is credited to the seller's account. 8.3. The buyer is obliged to pay the seller the purchase price for the agreed-upon goods according to the sales contract, but no later than upon receiving the goods.

8.4. If the buyer pays the seller the purchase price for the agreed-upon goods in the sales contract, the buyer is entitled to withdraw from the sales contract and request the refund of the purchase price only in accordance with the applicable laws of the Slovak Republic.

8.5. The seller points out that there may be cases where the price of the goods is incorrectly stated. These cases include, but are not limited to:
a/ the price of the goods is obviously incorrect at first glance (e.g., significantly deviates from the usual price of the goods),
b/ the price of related services such as transportation, extended warranty insurance, etc., is obviously incorrect,
c/ one or more digits are missing or added to the price of the goods, or
d/ the discount on the goods exceeds 50% without the product being part of a special marketing campaign or clearance sale.

8.6. In the cases mentioned in the preceding paragraph, the seller reserves the right not to conclude the contract or to withdraw from such a contract even after the buyer has received an order confirmation email. The seller will inform the buyer promptly about such a step.

8.7. In cases where the discount on the product reaches 80% or more, the seller recommends that the buyer verify whether there has been an error in pricing the product.

9. Safety and Information Protection

9.1. Regarding the protection and processing of the buyer's data by the seller, the principles of personal data protection published on the seller's website www.divinecosmetics.eu will be applied, forming an integral part of these Terms and Conditions.

9.2. The buyer undertakes to protect their access data to the customer account (especially passwords) and not to share them with anyone else. The seller is not responsible for the misuse of the username or password by anyone else. The buyer must not use the account, name, or password of any other customer of the seller on its website.

10. Final Provisions

10.1. The relationships not governed by these general terms and conditions are subject to the relevant provisions of the Civil Code, Act No. 22/2004 Coll. on electronic commerce and on the amendment and supplementation of Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment and supplementation of certain laws in the wording of Act No. 284/2002 Coll., Act No. 250/2007 Coll. on consumer protection and on the amendment of the law of the Slovak National Council No. 372/1990 Coll. on offenses as amended, and Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on a contract concluded at a distance or a contract concluded outside the business premises of the seller and on the amendment and supplementation of certain laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply in accordance with Article 6 of this convention.

10.2. The contract is concluded in the Slovak language. If a translation of the contract text is required by the buyer, it is agreed that in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Slovak language will prevail.

10.3. The concluded contract is archived by the seller in its internal system for a period of at least five years from its conclusion, but no longer than required by the relevant legal regulations, for the purpose of its successful fulfillment, and is not accessible to third parties not involved. In justified cases, the seller will provide the customer with access to the contract. Information about the individual technical steps leading to the conclusion of the contract is clear from these Terms and Conditions, where this process is clearly described.

10.4. The conditions of marketing campaigns are governed by the specific conditions of the given promotion. Ongoing campaigns can be found on the seller's website www.divinecosmetics.eu. If specific conditions do not exist, the campaign is governed by these Terms and Conditions.

10.5. The buyer will receive a copy of these Terms and Conditions, including the Complaints Procedure and the tax document, after completing the purchase, sent to the email provided in the order.

10.6. These general terms and conditions, including all their parts, are valid and effective from 19.02.2024, and they supersede the previous version of the Terms and Conditions, including their parts, with the latest version available at the seller's headquarters or electronically at www.divinecosmetics.eu. The relevant provisions of the General Terms and Conditions applicable at the time of placing the order apply to orders placed before 20.02.2024, with the latest version available at www.divinecosmetics.eu.