General Terms and Conditions

1. Basic Information

These General Terms and Conditions (hereinafter referred to as "GTC") govern the rights and obligations of the parties arising from the purchase agreement concluded between the seller, DINO Slovakia, spol. s r.o., with its registered office at Kamenice 5308/15, Pezinok 902 01, Slovakia, ID No.: 36 216 291, VAT No.: 2020049053, VAT ID SK2020049053, registered in the Commercial Register maintained by the Bratislava III District Court, Section: Sro, Insert No.: 147577/B, and responsible for store operations: Dionýz Hudák (hereinafter also referred to as "merchant"), and the buyer – either a consumer or an entrepreneur (hereinafter also referred to as "buyer"), concerning the purchase and sale of goods on the merchant's e-commerce website www.divinecosmetics.eu.

Seller's Contact Information:
Email / Contact: divine@divinecosmetics.eu
Email / Complaints: claims@divinecosmetics.eu
Phone: +421 917 641045
Address for Receiving Correspondence: Kamenice 5308/15, Pezinok 902 01, Slovakia
Account Number for Non-Cash Payments: 1257578080/1111

IBAN: SK63 1111 0000 0012 5757 8080

Supervisory Authority: Slovak Trade Inspection

(SOI) Slovak Trade Inspection, SOI Inspectorate for Bratislava Region Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava Department of Supervision ba@soi.sk Tel. No. +421 2 58272172, +421 2 58272104, Fax No. +421 2 58272170

A consumer contract is any contract, regardless of its legal form, concluded by the merchant with a consumer. For the purposes of these GTC, the merchant refers to DINO Slovakia, spol. s r.o., as defined above. For the purposes of concluding a consumer contract, the merchant is the person who, in connection with the consumer contract, the obligations arising from it, or commercial practice, acts within their business activity or profession, including through another person acting on their behalf or account. A buyer under these GTC is an individual in the position of a consumer or an entrepreneur – either a natural or legal person. If the text of these GTC (including its inseparable parts) mentions a consumer or an entrepreneur, it applies only to a consumer or only to an entrepreneur. If the text of these GTC (including its inseparable parts) mentions a buyer, it applies to both a consumer and an entrepreneur. A consumer is an individual who, in connection with the consumer contract, the obligations arising from it, or commercial practice, does not act within their business activity or profession. An entrepreneur is defined as someone who acts within their business activity and is: - a person registered in the commercial register, - a person conducting business based on a trade license, - a person conducting business based on other than a trade license according to special regulations, - a person engaged in agricultural production and registered in the register according to a special regulation.

1.1. By purchasing on www.divinecosmetics.eu, the merchant and the buyer enter into a purchase agreement. These General Terms and Conditions (GTC) set out the content of this agreement.
1.2. By placing an order (e.g., by clicking the button to complete the order), these GTC become binding for the buyer.
1.3. An inseparable part of these GTC is the Complaints Procedure, Instructions for Exercising the Consumer's Right to Withdraw from the Contract, Privacy Policy, Delivery Methods, terms of individual offered services, and other documents referred to in these GTC.

2. Shopping through the E-Shop
2.1. Purchases are made at www.divinecosmetics.eu.
2.2. An order is created at the moment of clicking the button designated for completing the order. Until this point, the buyer can modify their order in the cart, including the delivery and payment method.
2.3. The contract is concluded only when the merchant confirms the order, usually within 24 hours. The buyer receives the order confirmation at their provided email address, so the seller requests the verification of the accuracy of the entered data. The order confirmation also includes these GTC, the Complaints Procedure, and the withdrawal form.
2.4. Subsequent changes to the order are possible only by mutual agreement or under the conditions set by law or these GTC.
2.5. The buyer is entitled to cancel the order before it is confirmed by the merchant. This provision does not affect the consumer’s right under Section 20(5) of Act No. 108/2024 Coll., to withdraw from the concluded contract even before the withdrawal period starts if the contract involves the delivery of goods.
2.6. The seller undertakes to process the order no later than 30 days from the conclusion of the contract, but usually processes it within 5 business days.

3. Delivery Options
3.1. Current delivery methods, conditions, and prices can be found by the buyer at www.divinecosmetics.eu. 3.2. The merchant will deliver the selected goods to the buyer by the chosen method, and the buyer must facilitate this delivery and accept the goods. Along with the goods, the merchant will provide additional documents related to the items. If the buyer has chosen delivery to an address or pickup point of a shipping partner, the seller will hand over the goods to the carrier, who will ensure delivery to the buyer in the chosen manner and time.
3.3. The buyer will be informed of the estimated delivery time and other details regarding the chosen delivery method via the 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 failure, the seller is not responsible for delayed delivery of the goods.
3.4. Upon receiving the goods, the buyer should check whether the number of items delivered matches the order. Additionally, they should verify if the package is visibly damaged, compressed, or otherwise deformed. If the package is damaged, the buyer has the right not to accept the goods or to accept them and record the condition in the acceptance protocol with the carrier. Such a protocol, along with a description of the damage to the shipment, should be sent by email to claims@divinecosmetics.eu, or by post to the company’s registered address.
3.5. If the buyer has paid for the goods in advance, in some cases according to the shipping provider's terms, they will need to provide a PIN code at the time of delivery. This PIN code will be sent to the buyer's phone number provided in the order or via email. In such a case, the carrier also has the right to request the presentation of an ID card or passport, authorization if the goods are collected by someone other than the buyer, or to request the buyer’s/signatory’s signature instead of the PIN code. If the buyer fails to provide this proof, the goods may not be handed over.
3.6. If the buyer is a legal entity, the goods will be handed over only to: 1. The statutory representative of the legal entity, 2. A person who presents a certified power of attorney.
3.7. Goods purchased by an individual entrepreneur will be handed over only upon presentation of a valid ID.
3.8. If the buyer refuses to accept the goods upon delivery, they have an additional period to collect them. If the goods are not collected within this additional period, the contract is automatically terminated.

4. Complaints or What to Do with Defective Goods
4.1 All conditions and procedures for reporting defects in delivered goods by consumers and their related rights are governed by these Terms and Conditions and the Complaints Procedure, which is an integral part of the Terms and Conditions.
4.2 All conditions and procedures for asserting rights related to defects in goods by business buyers are governed by Section 409 and following of the Commercial Code, and these Terms and Conditions and Complaints Procedure, as permitted for the business buyer.

Transfer of Risk of Damage
4.3 The buyer should, as soon as possible after the transfer of the risk of damage to the goods, inspect the goods and verify the properties and quantity of the delivered goods. The buyer is obligated to inform the merchant without unnecessary delay about any defects or shortcomings found.
4.4 The risk of damage passes to the buyer upon receipt of the goods.
4.5 Damage to the goods occurring after the transfer of the risk of damage to the buyer does not affect the buyer's obligation to pay the purchase price. The buyer does not have to pay the purchase price only if the damage was caused by a breach of duty by the merchant.

Merchant's Liability
4.6 The sold goods must be in accordance with the agreed requirements of the buyer (in the case of a consumer buyer specified in Section 616 of the Civil Code) and, for consumer buyers, also with the general requirements specified in Section 617 of the Civil Code. Goods do not need to comply with general requirements if the merchant expressly informed the consumer buyer at the time of concluding the contract that a certain property of the goods does not meet general requirements, and the consumer buyer expressly agreed to the discrepancy.

5. Withdrawal from the Contract
5.1 The consumer buyer has the right to withdraw from the purchase contract without giving a reason within 14 days (Section 5.3), except for contracts involving:
a) the provision of a service if:
1. the service has been fully provided and
2. the provision of the service began before the expiry of the withdrawal period with the express consent of the consumer and the consumer declared that they were properly informed that by agreeing, they lose the right to withdraw from the contract after the service is fully provided, if the consumer is obliged to pay the price according to the contract,
b) delivery or provision of a product whose price depends on fluctuations in the financial market which the merchant cannot influence and which may occur during the withdrawal period,
c) delivery of goods made to consumer specifications or custom-made goods,
d) delivery of goods that are subject to rapid deterioration or decay,
e) delivery of goods sealed in protective packaging which is not suitable for return due to health protection or hygiene reasons, if the protective packaging has been damaged after delivery,
f) delivery of goods which, by their nature, may be inseparably mixed with other goods after delivery,
g) performance of urgent repairs or maintenance during a visit at the consumer's request; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, and to a contract whose subject is the delivery of other goods than spare parts necessary for repair or maintenance, if the contracts were concluded during the merchant's visit to the consumer and the consumer did not order these goods or services in advance,
5.2 The consumer buyer loses the right to withdraw from the contract for the performance of repairs once the service is fully provided if the consumer expressly requested the merchant to visit for the purpose of performing repairs and the performance began with the prior express consent of the consumer.
5.3 The consumer buyer may withdraw from the contract within 14 days from the day of:
1. receipt of the goods by the consumer,
2. conclusion of a contract whose subject is the provision of a service,
5.4 If the merchant provided the consumer buyer with information according to the previous paragraph only subsequently, but no later than 12 months from the start of the withdrawal period according to Section 5.3, the consumer may withdraw from the contract within 14 days from the day when the merchant subsequently fulfilled the information obligation, regarding the withdrawal period according to Section 5.3.
5.5 If the merchant did not provide the consumer with information according to Sections 5.3 or 5.4, the consumer may withdraw from the contract within 12 months from the expiry of the period according to Section 5.3.
5.6 The goods are considered to be received by the consumer when the consumer or a third party designated by them other than the carrier receives all parts of the ordered goods, or if: a) the goods ordered by the consumer in one order are delivered separately, at the moment the last delivered goods are received, b) the goods consist of several parts or pieces, at the moment the last part or piece is received, c) the goods are delivered repeatedly over a certain period, at the moment the first goods are received.
5.7 The consumer buyer may withdraw from a distance contract or a contract concluded outside the merchant's business premises, whose subject is the delivery of goods, even before the withdrawal period starts.
5.8 The consumer may exercise the right to withdraw from the contract in writing or in another durable medium, and if the contract was concluded verbally, any clearly formulated statement by the consumer expressing their wish to withdraw from the contract is sufficient (hereinafter referred to as "withdrawal notice"). The withdrawal from the contract can also be made by filling out and sending the sample form published on the merchant's website, through their contact form or contact email, or by sending it to the merchant's registered address or the address specified in the Complaints Procedure for lodging complaints.
5.9 The withdrawal period is considered to be observed if the consumer buyer sends the withdrawal notice to the merchant no later than the last day of the period.
5.10 The merchant is obliged to immediately, upon receipt of the withdrawal notice, provide the consumer buyer with confirmation of its receipt in a durable medium if the consumer withdrew using a specific function or form for withdrawal available in the merchant's online interface.
5.11 The consumer buyer may withdraw from the contract only in relation to specific products if the merchant provided or delivered multiple products under the contract.
5.12 The effects of withdrawal from the contract also apply to any ancillary contract to the contract from which the consumer withdrew; this does not apply if the parties expressly agree on the further duration of the ancillary contract.
5.13 The consumer buyer is obliged to return the goods or hand them over to the merchant or a person designated by the merchant to receive the goods within 14 days from the day of withdrawal; this does not apply if the merchant proposes to collect the goods personally or through a designated person. The period according to the first sentence is considered to be observed if the consumer sends the goods to the merchant no later than the last day of the period.
5.14 Upon withdrawal from the contract, the consumer buyer bears only the costs of returning the goods to the merchant or the person designated by the merchant to receive the goods; this does not apply if the merchant agreed to bear the costs themselves or if the merchant failed to fulfill the information obligation regarding the consumer's right to withdraw from the contract according to Section 5.3.
5.15 The consumer buyer is responsible for the reduction in value of the goods resulting from handling the goods beyond what is necessary to ascertain the nature and functionality of the goods; this does not apply if the merchant failed to fulfill the information obligation regarding the consumer's right to withdraw from the contract according to Section 5.3.
5.16 The merchant is obliged to return all payments received from the consumer buyer under or in connection with the contract within 14 days from the day of receipt of the withdrawal notice.
5.17 The merchant is obliged to return payments to the consumer buyer in proportion to the withdrawal from the contract, if the consumer has not withdrawn from the entire contract. The merchant cannot charge the consumer any additional costs for shipping, delivery, postage, and other costs and fees.
5.18 The merchant is not obliged to reimburse additional costs if the consumer expressly chose a method of delivery other than the cheapest common method offered by the merchant. Additional costs are understood as the difference between the delivery costs chosen by the consumer and the costs of the cheapest common delivery method offered by the merchant.
5.19 The merchant is not obliged to reimburse the consumer any additional costs before the goods are delivered or until the consumer proves that the goods have been sent back to the merchant, unless the merchant proposes to collect the goods personally or through a designated person.
5.20 The merchant is obliged to return payments to the consumer using the same method the consumer used for payment; this does not affect the merchant's right to agree with the consumer on a different method of reimbursement, provided that no fees are charged to the consumer in connection with the reimbursement.
5.21 If the buyer is a business (i.e., purchasing with a business identification number), they do not have the right to return the goods within 14 days for purchases made remotely (through the seller's web portal).
5.22 The merchant primarily engages in retail sales, i.e., supplies goods primarily to individuals as end customers, and therefore expressly reserves the right, to serve as many individuals as possible as target customers, to cancel an order from a business buyer if the quantity of ordered goods exceeds the quantity of usual consumption for individual end customers. In such cases, the merchant will notify the business buyer of the cancellation by email and, if applicable, return the already paid purchase price.
5.23 As a retailer, the merchant is not responsible for the further resale of the products offered by them and for any lost profits related to it.

Withdrawal from the Contract by the Merchant
5.24 The merchant is entitled to withdraw from the purchase contract due to stock depletion, unavailability of the goods, or if the manufacturer, importer, or supplier of the goods agreed upon in the purchase contract has suspended production or made significant changes that prevent the seller from fulfilling their obligations under the purchase contract, or due to force majeure, or if despite all reasonable efforts, the merchant is unable to deliver the goods to the buyer within the time specified by these terms and conditions. The merchant is also entitled to withdraw from the purchase contract if the buyer has not collected the goods within five business days from the day the buyer was obligated to collect the goods. The merchant is also entitled to withdraw from the purchase contract in the case of incorrect pricing of the goods, as described in Chapter 8 of these terms and conditions.
5.25 If the buyer has already paid the purchase price of the goods or part thereof, the amount will be refunded to the buyer in the same manner and no later than 14 days from the day following the merchant’s withdrawal from the contract.

6. Complaints or How to Resolve Disputes with the Merchant
6.1 The buyer – consumer is entitled to contact the merchant with a request for redress if they are dissatisfied with the way the seller handled their complaint or if they believe that the seller has violated their rights. If the seller responds to such a request with a rejection or does not respond within 30 days from the date of sending the request, the buyer – consumer has the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity. Alternative dispute resolution entities are bodies and authorized legal entities under Section 3 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, such as the Slovak Trade Inspection, and the buyer – consumer has the right to choose the alternative dispute resolution entity to which they will turn. The seller's email contact: claims@divinecosmetics.eu. The buyer – consumer submits a proposal according to Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes. Alternative dispute resolution may be used to resolve disputes between the buyer – consumer and the seller arising from or related to the consumer contract.
6.2 Buyers – consumers are entitled to use the Online Dispute Resolution (ODR) platform in the language of their choice to resolve their disputes. The buyer – consumer may use the ODR platform for the alternative resolution of their dispute, available at the website http://ec.europa.eu/consumers/odr/. When submitting a complaint to the ODR platform, the buyer – consumer must fill out an electronic complaint form. The information provided must be sufficient to determine the relevant alternative dispute resolution entity. The buyer – consumer may attach documents to support their complaint.

7. Payment, Refunds, Invoicing Information
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 receipt of the goods,
c. Bank transfer based on an issued pro forma invoice. However, if the buyer does not pay the corresponding purchase price within 5 days from the date of receipt of the pro forma invoice, the seller will withdraw from the contract due to the expiration of this period, and the purchase contract will be canceled upon the expiration of this period. The parties must return everything they have provided until the moment of cancellation of the purchase contract.
7.2. Invoice details cannot be changed after the order has been sent.
7.3. The refund of tax to individuals from third countries upon export of goods, provided the conditions of the VAT law are met, is carried out non-cash to the customer's account, unless the seller decides to make the payment differently. The preference for non-cash payment is due not only to legislation restricting cash payments but also to the limitation of money laundering risks.
7.4. If the buyer withdraws from the contract or if the buyer is to be refunded for other reasons, the merchant will return the money in the same manner in which it was received from the buyer. If the money cannot be refunded in the same manner, for example, due to the expiration of the credit card, cash payment to a courier, etc., the buyer alone is responsible for the accuracy of the payment details provided to the merchant for the refund. The buyer is also responsible for the accuracy of the details if the merchant complies with the buyer's request and refunds the money in another way.

8. Purchase Price
8.1. The buyer is obliged to pay the merchant the purchase price of the goods agreed upon in the purchase contract and/or according to the seller's price list valid at the time of concluding the purchase contract, including delivery costs (hereinafter referred to as "purchase price"). All prices listed on the merchant's website are final, including VAT. The price of the goods does not include the cost of delivery and packaging. Delivery costs and any packaging will be charged at the end of the order. The buyer pays the price listed on the merchant's website at the time of placing the order. Individual discounts for buyers are subject to a separate agreement.
8.2. If the buyer pays the seller the purchase price by bank transfer, the day of payment is considered to be the day when the entire purchase price is credited to the merchant’s account.
8.3. The buyer is obliged to pay the merchant the purchase price for the agreed goods within the term specified in the purchase contract, but no later than upon receipt of the goods.
8.4. If the buyer has paid the purchase price for the goods agreed upon in the purchase contract, the buyer is entitled to withdraw from the purchase contract and request a refund of the purchase price only in accordance with applicable Slovak legal regulations.
8.5. The merchant warns that there may be cases where the price of the goods is incorrectly stated. Such cases include, but are not limited to:
a. The price of the goods is evidently incorrect (e.g., it significantly deviates from the usual price of the goods),
b. The price of related services such as delivery, extended warranty insurance, etc., is evidently incorrect,
c. The price of the goods is missing or has an extra one or more digits, or d. The discount on the goods exceeds 50% without the goods being part of a special marketing campaign or clearance sale.
8.6. In the cases mentioned in the previous paragraph, the merchant reserves the right not to conclude the contract or to withdraw from such a contract even after the buyer has received an email confirming the order. The merchant will promptly inform the buyer of such a step.
8.7. In cases where the discount on the goods reaches 80% or more, the merchant recommends that the buyer verify whether there was an error in the pricing of the goods.
8.8. The merchant is obliged to label the goods with the sale price and unit price clearly and legibly according to specific regulations. The unit price does not need to be indicated if it is the same as the sale price. Goods sold by quantity are marked only with the unit price.
8.9. The unit price labeling does not apply to: a. Goods with a nominal weight or volume of no more than 50 g or 50 ml, b. Different types of goods sold in one package for one price, c. Goods that cannot be divided into parts without changing their quality or properties, and for which the obligation to label length, weight, volume, or area does not apply or which are usually not labeled with length, weight, volume, or area.
8.10. The merchant is obliged to state the previous price of the goods in any notice of a price reduction. 8.11. The previous price of the goods is the lowest price at which the merchant sold or provided the goods: a. In the 30 days before the price reduction, or
b. Since the start of the sale or provision of the goods, if the merchant sold or provided the goods for less than 30 days before the price reduction.
8.12. Sections 8.10 and 8.11 do not apply to goods subject to rapid deterioration or spoilage.

9. Security and Protection of Information
9.1. The protection and processing of the buyer's data by the seller are governed by the Privacy Policy published on the seller’s website www.divinecosmetics.eu, which is an integral part of these Terms and Conditions.
9.2. The buyer agrees to protect their access details to their customer account (especially passwords) and not to share them with anyone else. The seller is not responsible for any misuse of the login name or password by anyone else. The buyer must not use any other customer’s account, name, or password on the seller's web portal.

10. Final Provisions
10.1. For matters not covered by these Terms and Conditions, the relevant provisions of the Civil Code, Act No. 108/2024 on Consumer Protection, Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters, Act No. 372/1990 Coll. on Offenses as amended, and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply, with CISG not applying in accordance with Article 6 of the Convention. The legal regulation of the Commercial Code and related legal regulations applies to relations between the merchant and the buyer – entrepreneur if not regulated or excluded by these Terms and Conditions (including its integral parts).
10.2. The contract is concluded in the Slovak language. If a translation of the contract text is needed by the buyer, it is understood that in case of dispute over the interpretation of terms, the interpretation of the contract in Slovak language applies.
10.3. The concluded contract is archived by the merchant in their internal system for at least five years from its conclusion, or for the longest period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third parties. The merchant will provide the customer access to the contract in justified cases. Information about the individual technical steps leading to the conclusion of the contract is clear from these Terms and Conditions, where this process is described comprehensively.
10.4. The conditions of marketing campaigns are governed by the specific conditions of the particular 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 Complaint Procedure, Withdrawal Form, Privacy Policy, Information on Exercising the Consumer’s Right to Withdraw from the Contract, and tax document by email after completing their purchase to the email address provided in the order.
10.6. These General Terms and Conditions, including all their parts, are valid and effective from 01.07.2024 and supersede the previous version of the Terms and Conditions and their components, which are available at the seller’s premises or electronically at www.divinecosmetics.eu. Orders placed before 01.07.2024 are governed by the relevant provisions of the General Terms and Conditions valid at the time of placing the order, the latest version of which is available at www.divinecosmetics.eu.

You can download the general terms and conditions HERE