Terms of service
Terms and Conditions
of the online store www.unoshookah.com
Article I
General provisions
1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") regulate the rights and obligations of the contracting parties arising from the conclusion of a distance purchase contract between the seller and the buyer, the subject matter of which is the sale of goods through the seller’s online store operated on the website www.unoshookah.com (hereinafter referred to as the "online store").
2. These Terms and Conditions form an integral part of the purchase contract specified in Article 1, Paragraph 1 of these Terms and Conditions (hereinafter referred to as the "purchase contract"). If the seller and the buyer conclude a written purchase contract that stipulates terms different from the general terms and conditions, the provisions of the purchase contract shall take precedence over the general terms and conditions.
3. These Terms and Conditions are drawn up in accordance with:
· Act No. 40/1964 Coll., the Civil Code, as amended,
· Act No. 513/1991 Coll., the Commercial Code, as amended,
· Act No. 108/2024 Coll. on Consumer Protection, as amended,
· Act No. 22/2004 Coll. on Electronic Commerce and on the amendment of Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters, as amended by Act No. 284/2002 Coll., as amended,
· Act No. 452/2021 Coll. on Electronic Communications, as amended,
· Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended,
and other relevant legal regulations.
4. Legal relationships between the seller and the buyer that are not explicitly regulated by these Terms and Conditions shall be governed by the relevant provisions of the aforementioned legal regulations. Legal relationships between the seller and the buying consumer shall be governed by the Civil Code and the Consumer Protection Act, while legal relationships between the seller and the buying business entity shall be governed by the Commercial Code.
5. These Terms and Conditions are drafted in the English language. The purchase contract may be concluded in English language.
6. The seller has not adopted any specific code of conduct.
7. By submitting an order, the buyer confirms that they have thoroughly reviewed, understood, and agree to the Terms and Conditions.
Article II
Definitions
1. The seller is a person who, in connection with a consumer contract, the obligations arising from it, or in the course of a commercial practice, acts within the scope of their business activity or profession, including through another person acting in their name or on their behalf.
2. The seller is the owner of the online store operated on the www.unoshookah.com:
Registration: in the Commercial Register of the Municipal Court Bratislava III
Registered office: Lermontovova 911/3, 811 05 Bratislava, Slovakia
Email address: info@unoshookah.com
3. Buyer is a person who purchases products or uses services, either as a consumer or as a bussines entity or other legal entity other than a consumer.
4. Consumer is a natural person who, in connection with a consumer contract, the obligations arising from it, or in the course of a commercial practice, does not act within the scope of their business activity or profession.
5. Business entity for the purposes of these Terms and Conditions is an entrepreneur, organisation or other legal entity other than a consumer, acting in the course of its business, similar activity or profession.
6. Goods are any tangible movable things; for the purposes of these Terms and Conditions, goods are anything that the seller sells.
7. Service is any activity or performance that is offered or provided to a consumer, including a digital service and activities governed by specific rules, which are supervised or overseen by professional chambers or other public authorities, such as consumer protection supervisory authorities.
8. Product is a good, service, digital content, real estate, electricity, water or gas that is not for sale in a limited volume or in a specified quantity, heat, rights and liabilities.
9. Purchase contract is a contract concluded between the seller and the buyer through the above-mentioned online store or by any other appropriate means in accordance with the terms agreed upon in the Terms and Conditions.
10. The online store is the website located at www.unoshookah.com, through which the contracting parties can conclude a purchase contract.
11. The supervisory authority is:
Slovak Trade Inspection (SOI)
Inšpektorát SOI pre Bratislavský kraj
Prievozská 32,
P.O.Box 5
820 07 Bratislava 27
odbor výkonu dozoru
tel. č.: 02/58272 172, 02/58272 104
fax č.: 02/58272 170
Article III
User account
1. The buyer may create a user account by registering at the website, allowing them to place and track orders, store order details, and access various benefits provided by the seller for registered buyers. Creating a user account is not mandatory, and the buyer may also order goods without registration.
2. Creating a user account is free of charge.
3. The buyer is required to provide accurate information in the registration form as specified by the seller. The buyer must update the information in their user account whenever changes occur.
4. Access to the user account is protected by a username and password. The buyer is required to safeguard their login credentials to prevent unauthorized access by third parties. The buyer is not permitted to share their user account with third parties.
5. The buyer may delete their user account at any time.
6. The seller reserves the right to delete the buyer’s user account if the buyer violates these Terms and Conditions or if the account remains inactive for an extended period.
7. The buyer acknowledges that the user account may not be available continuously, particularly due to necessary maintenance of the seller’s hardware and software infrastructure or the hardware and software maintenance of third parties.
Article IV
Conclusion of the purchase contract
1. The seller offers goods on the online store's website that are commonly supplied but does not guarantee the immediate availability of all listed products. The availability of each product is specified individually, or it will be confirmed by the seller upon the buyer's request.
2. The goods offered by the seller can be ordered through any of the following means of remote communication:
a) online store,
b) via email
3. The seller accepts orders via the online store and www.unoshookah.com on a continuous basis. However, they will be processed during business hours, every working day from 10am till 4pm.
4. Order via online store
When placing an order through the online store, the buyer proceeds by placing the selected goods in the basket by clicking on "Add to basket". After completing the shopping by clicking on the shopping cart, the buyer is taken to the shopping cart sub-page, where, after summarizing the selected goods, they fill in the billing and delivery data, select the method of delivery and payment. The order is confirmed and sent by clicking on "Order with payment obligation“.
Before submitting the order, the buyer has the opportunity to review and modify the information provided in the order.
5. Order via email
When placing an order via email, the buyer must send an email to info@unoshookah.com containing the following information:
a) Buyer's full name,
b) Billing details,
c) Delivery address (if different from the billing address),
d) Phone number and email address,
e) Product code or exact product name,
f) Quantity of each product,
g) Chosen payment method,
h) Chosen delivery method.
For legal entities, the following additional details must be provided:
i) Company ID (IČO) and VAT ID (SK DIČ),
j) Contact person, their phone number, and email,
k) Billing details,
l) Delivery address (if different from the billing address).
6. An order that does not contain the above-mentioned information may not be valid. The information provided in the order shall be deemed correct by the seller and the seller shall not be liable in any way for any damage caused by the buyer entering incorrect or incomplete information.
7. An order made by any means of remote communication is binding.
8. Depending on the nature of the goods (e.g. quantity of goods, delivery costs, etc.), the seller is entitled to ask the buyer for additional order confirmation, e.g. by phone or email.
9. Upon receiving a binding order, the seller shall confirm the conclusion of the purchase contract via email sent to the email address provided in the order. The email will include the Terms and Conditions, the Information on the Rights of the Consumer to withdraw from the Contract, and the Withdrawal Form in PDF format. The purchase contract is considered concluded upon the delivery of the confirmation email. Once concluded, the contract is binding and can only be modified or cancelled by mutual agreement of both parties or for reasons specified in these Terms and Conditions or applicable legal regulations.
10. The buyer agrees to the use of remote communication methods without the physical presence of the seller and the consumer, particularly through the online store, email, and similar means, for the conclusion of the purchase contract. Any costs incurred by the buyer for the use of remote communication methods in connection with the contract conclusion shall be borne by the buyer. These costs do not differ from the standard rates.
Article V
Rights and obligations of contracting parties
1. The subject matter of the purchase contract consists of the rights and obligations of the contracting parties.
2. The seller is obliged to:
a) Provide the consumer with information in accordance with the relevant provisions of the Consumer Protection Act and other applicable legal regulations,
b) Package the goods for transport in a manner that prevents damage,
c) Deliver the ordered goods in a proper and timely manner,
d) Provide the buyer with all necessary documents required for the proper acceptance and use of the product, in compliance with applicable legal regulations, no later than upon delivery of the goods.
3. The seller has the right to receive payment of the purchase price in a proper and timely manner.
4. The buyer is obliged to:
a) Accept the goods at the designated place,
b) Pay the agreed purchase price to the seller within the due date, including delivery costs, unless the contracting parties have agreed that the seller will bear the delivery costs.
5. The buyer has the right to have the product delivered by the seller in a proper and timely manner.
Article VI
Price of the goods and payment terms
1. Selling prices of individual goods on the online store’s website are current and valid. Prices are listed including VAT and all other taxes (within the European Union) per unit of goods. Prices are valid for the period of publication on the website.
2. Prices are not personalized for the buyer based on automated decision-making.
3. The purchase price is displayed in the order form just before submitting a binding order. It consists of the selling price of all selected goods, including all applicable taxes, fees, and delivery costs, which the buyer must pay to receive the goods. Before submitting the order, the buyer has the opportunity to review and correct it.
4. If the seller provides a discount on the goods, they shall also indicate the lowest price of the goods in the last 30 days. The seller may provide the buyer with different types of discounts, e.g. a discount for registering at the online shop, a discount for repeat purchases or a discount based on a discount coupon. Any discounts provided by the seller cannot be combined.
5. The seller may issue and sell gift vouchers. A gift voucher represents prepaid funds that the buyer may use when purchasing goods to pay the purchase price or part thereof. The face value of the gift voucher may be agreed with the seller. The buyer is entitled to pay the purchase price with a gift voucher as long as the gift voucher is valid and can be used to purchase the selected goods. In the event of withdrawal from the contract, the purchase price will also be refunded by means of a gift voucher if the buyer has used the gift voucher to pay for it.
6. The buyer is obliged to pay the purchase price agreed in the purchase contract, including the costs of packaging and delivery of the goods, within the due date, but no later than upon acceptance of the goods. It may only be changed by agreement of the parties.
7. The buyer can pay the purchase price in the following ways:
ONLINE PAYMENT VIA PAYMENT SYSTEM
The buyer shall pay the purchase price online via the selected payment system.
ONLINE PAYMENT BY CREDIT/DEBIT CARD
The buyer shall pay the purchase price online by credit card.
8. If the buyer chooses one of the methods of payment of the purchase price in advance, before delivery of the goods, the purchase price is valid within 7 days. If the buyer fails to pay the purchase price within the specified period, the seller has the right to withdraw from the contract, thereby cancelling the order.
9. The seller does not require a deposit or any other similar payment from the buyer. This is without prejudice to the provision for payment of the purchase price in advance.
10. The proof of sale, including the price of the goods, is the invoice (tax document), which is attached to the delivery / sent by email, and also serves as the delivery and warranty certificate.
11. If the buyer is a business entity, in the event of his default in any payment or part thereof, the seller has the right to demand from the buyer the payment of a contractual penalty of 0.25% of the amount owed for each day of delay until payment is made. The contractual penalty shall be payable within 15 days of receipt of the demand for payment. Payment of the contractual penalty shall be without prejudice to the right to compensation for damages.
12. For customers located outside the European Union, including the United States, all transactions on this website are processed in EUR (Euros). Prices will be displayed in the EUR regargdless on buyer‘s region, and final payment will be charged in EUR. Please note that additional transaction fees or currency conversion charges may apply, depending on buyer‘s payment provider or bank. These fees are beyond seller‘s control and are the responsibility of the buyer. By placing an order, buyer acknowledge and accept that payments will be processed in EUR and any associated transaction costs will be borne by buyer.
Article VII
Shipping terms
1. The costs of the shipment of the goods shall be borne by the buyer, unless otherwise agreed between the parties. The cost of shipping will be quantified precisely in the order form after the desired shipping method has been selected.
2. The buyer may choose any of the following shipping methods:
· By a courier,
· Delivery by forwarding service with placement at a selected site.
3. If the shipping cost cannot be determined in advance in the order form (e.g. for shipping abroad or oversized parcels), it will be determined individually on the basis of the carrier's current Terms and Conditions.
4. The seller undertakes to deliver the ordered goods to the buyer without undue delay, at the latest within 30 days from the date of order confirmation, unless the parties have agreed otherwise or unless a different delivery period is specified for the selected goods. The goods shall be dispatched as soon as possible, taking into account the seller's capacity. The seller usually dispatches the delivery within 10 business days. The buyer will be informed about the dispatch of the goods by email.
5. The buyer is obliged to accept the goods at the shipping address specified in the order, either personally or by ensuring that an authorized person accepts the goods on their behalf. The goods are considered delivered at the time they are accepted by the buyer or the designated person.
6. If the seller fails to ship the ordered goods on time, the buyer may withdraw from the contract without granting an additional period for fulfilment if:
a) the seller has refused to deliver the goods,
b) timely delivery was essential, considering all circumstances surrounding the contract conclusion, or
c) the buyer has informed the seller prior to the conclusion of the contract that timely delivery is of the utmost importance.
7. After withdrawing from the contract under paragraph 6 of this Article, the seller shall promptly refund to the buyer all amounts received under the contract without undue delay.
8. From the moment the goods are handed over to the carrier for transport, the carrier is liable for any damage. For this reason, a buyer who is a business entity is obliged to inspect the package upon delivery and immediately notify the carrier of any defects. For a buyer who is a consumer, the seller strongly recommends doing the same. In the event of obvious damage to the packaging which indicates tampering with the delivery, the buyer is not required to accept the delivery from the carrier. By signing the delivery note, the buyer confirms that the packaging containing the goods was intact upon delivery.
9. If a buyer who is a business entity accepts damaged goods, they are obliged to keep the goods in their original condition and packaging as received. The buyer is not authorized to repack the goods into a different package or otherwise handle them further. For a buyer who is a consumer, the seller recommends following the same procedure.
10. After accepting the goods, the buyer shall inspect them and promptly notify the seller of any detected defects without undue delay. If the buyer discovers damage or another defect only after acceptance, they must immediately inform the seller by sending an email to info@unoshookah.com.
11. Consumers located outside the European Union, including the United States, are responsible for any applicable taxes, customs duties, import fees, or other charges imposed by their country’s authorities upon receiving the shipment. These fees are not included in the purchase price or shipping costs charged by us and must be handled and paid directly by the customer. By placing an order with us, you agree to comply with your country’s import regulations and accept responsibility for any additional fees incurred.
Article VIII
Acquisition of ownership and transfer of risk of damage to goods
1. The acquisition of ownership and the transfer of the risk of damage to goods for a buyer who is a consumer occur at the time of delivery.
2. The acquisition of ownership for a buyer who is a business entity occurs at the time of full payment of the total purchase price.
Article IX
Customer reviews
1. The seller publishes customer reviews at the online store and, when appropriate, at other relevant places. The reviews are not verified.
Article X
Withdrawal from the contract
When the consumer has the right to withdraw from the contract
1. Withdrawal from the contract by a buyer who is a consumer is governed by the relevant provisions of the Consumer Protection Act of Slovakia. Withdrawal from the contract by a buyer who is a business entity is governed by the relevant provisions of the Commercial Code, and the provisions of this Article do not apply to them.
2. The consumer has the right to withdraw from the contract concluded at a distance or from the contract concluded outside the seller's premises without giving any reason within 14 days from the date of:
a) acceptance of the goods by the consumer pursuant to paragraph 5 of this Article ,
- The seller may extend the withdrawal period. If the seller decides to extend this period, they shall inform the consumer in a verifiable manner.
- If the seller provides information about the right of withdrawal to the consumer only after the withdrawal period has already started, but no later than 12 months from the beginning of the withdrawal period, the consumer may withdraw from the contract within 14 days from the date the seller fulfilled the information obligation. If the seller fails to provide this information within 12 months, the consumer may withdraw from the contract within 12 months after the expiration of the withdrawal period specified in paragraph 2 of this Article.
- The goods shall be deemed to have been accepted by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, accepts all parts of the ordered goods, or if
a) goods ordered by the consumer in one order are delivered separately, then at the time of acceptance of the goods that were delivered last,
b) goods consisting of several parts or pieces are delivered, then at the time of acceptance of the last part or piece,
c) the goods are delivered repeatedly over a period of time, then at the time of acceptance of the first goods .
- The consumer may withdraw from the contract, which involves the delivery of goods, even before the withdrawal period begins.
When the consumer does not have the right to withdraw from the contract
- The consumer acknowledges that, in cases specified in Section 19 (1) of the Consumer Protection Act, they do not have the right to withdraw from the contract without providing a reason within the 14-day period. This applies particularly to contracts where the subject matter is:
a) the delivery of goods made to the consumer's specifications or custom-made goods,
b) the delivery of goods sealed in protective packaging which is not suitable for return for health or hygiene reasons if the protective packaging has been broken after delivery,
c) the delivery of goods which, by their nature, may be inextricably mixed with other goods after delivery,
How the consumer can exercise the right to withdraw from the contract
8. The consumer may exercise the right to withdraw from a distance contract, or a contract concluded outside the seller’s business premises using one of the following methods:
a) by sending a written notice to the seller's registered office,
b) via electronic mail by sending the notice to info@unoshookah.com,
9. The consumer may use the withdrawal form to exercise their right to withdraw from the contract.
10. To ensure timely withdrawal, the consumer must send the withdrawal notice no later than on the last day of the withdrawal period. Failure to accept the delivery does not constitute withdrawal from the contract.
11. If the consumer has withdrawn from the contract via the website, the seller shall acknowledge receipt of the notification without delay.
12. In the event of withdrawal from the contract, any supplementary contract shall also be terminated, unless the parties have expressly agreed on the duration of the supplementary contract. In this case, the consumer shall also bear the costs of returning the goods that were the subject matter of the supplementary contract.
13. The consumer is required to return the goods within 14 days from the date of withdrawal, either by sending them back or by handing them over to the seller or a designated person. This obligation does not apply if the seller offers to personally collect the goods or arrange collection through an authorized representative. The deadline is considered met if the consumer dispatches the goods no later than the last day of the period.
14. The cost of returning the goods to the seller shall be borne by the consumer. This does not apply if the seller has agreed to bear the cost of returning the goods.
15. The consumer shall be liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond the handling necessary to establish the characteristics and functionality of the goods. If the consumer returns the goods whose value is diminished as a result of such treatment, the seller may claim damages in respect thereof.
- The seller recommends the buyer to insure the goods that are subject to return. The buyer shall bear the risk of damage to the goods subject to return until the moment of acceptance of the goods by the seller.
- For consumers located outside the European Union, including the United States, returns are subject to the following conditions:
- The consumer is responsible for all shipping costs and any applicable customs duties or taxes incurred during the return shipment.
- Due to customs formalities and international shipping complexities, returns may take longer to process.
- The consumer agrees to comply with all local customs regulations when returning the product.
- Returns via a reliable shipping carrier with tracking and insurance are recommended.
- Seller is not responsible for any delays, losses, or additional fees resulting from customs clearance or return shipping.
- The right of withdrawal or return applies in accordance with local consumer laws in Slovakia, but is limited by the logistical challenges of international shipping.
Article XI
Obligations of the seller upon withdrawal from the contract
1. The seller is obliged to refund the consumer all payments received under or in connection with the contract, including shipping, delivery, postal fees, and other costs and charges, within 14 days from the date of receiving the withdrawal notice. If the consumer has withdrawn only partially from the contract, the seller shall return the corresponding portion of the payment. The seller cannot charge the consumer additional costs for shipping, delivery, postal fees, or other expenses.
2. The seller is not obliged to refund the consumer's payment before the goods are returned or before the consumer provides proof of shipment, unless the seller offers to collect the goods personally or through an authorized representative.
3. If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the cost of delivery only to the extent of that cheapest method of delivery.
4. The seller shall return the payments to the consumer in the same way as the consumer used to pay them, unless otherwise agreed.
5. If the purchase price was paid in the form of a gift voucher, the seller may also refund the purchase price to the consumer in the form of a gift voucher.
6. The seller reserves the right to reject any return delivery sent by the buyer as cash on delivery (COD).
Article XII
Failure to accept ordered goods
- The buyer is obliged to accept the ordered goods at the designated delivery location.
- If the buyer does not accept the ordered goods without withdrawing from the purchase contract in accordance with Article X of these Terms and Conditions, it is considered a breach of the purchase contract for reasons on the part of the buyer, as a result of which the seller is entitled to withdraw from the purchase contract and claim compensation from the buyer under Section 420 of the Slovak Civil Code.
- In determining the amount of the damages, the seller is primarily based on the costs associated with the delivery of the goods to their destination.
- The seller has the right not to claim damages or to claim damages only in part.
- If, due to reasons on the part of the buyer, the goods need to be delivered repeatedly or by a different method than specified in the order, the buyer is obliged to cover the costs of repeated delivery or the costs associated with the alternative delivery method. In such cases, the seller may require advance payment of the purchase price before proceeding with the new delivery.
Article XIII
Withdrawal from the contract by the seller
1. The seller has the right to withdraw from the contract if they are unable to deliver the goods to the buyer in a proper and timely manner, particularly due to stock depletion or unavailability of the goods. The buyer will be notified by email about the withdrawal from the contract. If the purchase price or a part of it has already been paid, the seller shall refund the amount to the buyer within 14 days to the account specified by the buyer, unless otherwise agreed with the seller.
Article XIV
Dispute resolution
1. The legal relationships arising between the seller and the buyer in connection with the use of the online store and the conclusion of a contractual relationship shall be governed by the legal order of the Slovak Republic.
2. The parties to this legal relationship have agreed that, in the event of a dispute, jurisdiction is granted to the courts of the Slovak Republic.
3. The seller handles consumer complaints via the contact email address. Information regarding the resolution of complaints is sent to the buyer's email address.
4. In the event of a dispute between the seller and the consumer, the consumer is entitled to contact the seller with a request for remedy if they are not satisfied with the way the complaint was handled or if they believe the seller has violated their rights. The request for remedy can be sent by electronic mail to info@unoshookah.com or by mail to the seller's address. If the seller responds negatively to the request or does not respond within 30 days from the date of its submission, the consumer has the right to submit a proposal for the initiation of alternative dispute resolution to one of the entities for alternative dispute resolution.
5. The consumer may submit a proposal for the initiation of alternative dispute resolution to the relevant body for alternative dispute resolution, which is the Slovak Trade Inspection (www.soi.sk).
6. The consumer may also submit a complaint through the EU's Online Dispute Resolution (ODR) platform. The complaint can be filed by completing the online form at https://ec.europa.eu/consumers/odr/main/index.cfm event=main.home2.show&lng=EN. The consumer has the right to choose from among the available alternative dispute resolution bodies.
7. Only the consumer may seek dispute resolution through one of the alternative dispute resolution bodies, and it applies only to disputes arising from consumer contracts concluded at a distance.
Article XV
Liability for defects and complains
1. The seller's liability for defects and the conditions for submitting and handling complaints are governed by the relevant provisions of the Return and Claim Policy adopted by the operator and published on the website www.unoshookah.com.
Article XVI
Validity of the contract
1. The purchase contract is concluded for a definite period, namely until the proper fulfillment of the obligations of both contracting parties arising from the purchase contract and these Terms and Conditions, which form an integral part of it.
Article XVII
Personal data protection
1. The personal data of buyers is processed by the seller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as 'GDPR') and Act No. 18/2018 Coll. on the Protection of Personal Data (hereinafter referred to as the 'Data Protection Act').
2. The conditions for the processing of personal data by the operator are specified on the website www.unoshookah.com in the "Personal data protection" section.
Article XVIII
Final provisions
1. These Terms and Conditions are valid in the wording stated on the www.unoshookah.com online store website on the day of the sending of the buyer’s order, unless contracting parties agree otherwise.
2. The seller reserves the right to amend these Terms and Conditions anytime if it is required by a change in business policy or applicable legislation
3. The buyer is not authorized to use mechanisms, software, or other procedures that could negatively affect the operation of the website. The website may only be used to the extent that it does not infringe on the rights of other visitors and is in accordance with its intended purpose.
4. The buyer acknowledges that the seller is not responsible for any errors arising from third-party interference with the website or from the use of the website in violation of its intended purpose.
5. These Terms and Conditions have been prepared by Lanikova Group, s.r.o. law firm for the seller, while they are protected by Act No. 185/2015 Coll. The Copyright Act, as amended. It is prohibited, without the author’s consent, to use this author’s work in any way, particularly, but not limited to, copying, publishing, amending, modifying, disseminating and misusing it otherwise. These Terms and Conditions shall come into force and effect on 1.6.2025.