Terms and Conditions
of Mibax Trade, s.r.o., with its registered office in Martin, M.R.Štefánika 1050/74, identification number: 47364874, registered in the Commercial Register maintained by the District Court in Žilina, Section Sro, File 59754/L, for the sale of goods through an online store located at the internet address www.tastivo.eu
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the commercial company Mibax Trade s.r.o. with its registered office in Martin, M.R.Štefánika 1050/74, identification number: 47364874, registered in the Commercial Register maintained by the District Court in Žilina, Section Sro, File No. 59754/L (hereinafter referred to as the "Seller") in accordance with the provisions of the relevant legal regulations of the Slovak Republic, in particular Act No. 22/2004 Coll. on electronic commerce and on amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain acts, as amended by Act No. 284/2002 Coll.
In addition to the general provisions of the Civil Code, legal relations with consumers are also governed by special regulations, in particular Act No. 102/2014 Coll. Act on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments to Certain Acts on Consumer Protection in Door-to-Door and Mail Order Sales, as amended Act No. 250/2007 Coll. on consumer protection, as amended.
Business relationships (as well as other legal relationships that may arise from them) with legal entities or natural persons – entrepreneurs are governed in particular by the provisions of the Commercial Code.
The mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") are concluded between the seller and another natural or legal person (hereinafter referred to as the buyer) through the seller's online store. The online store is operated by the seller on the website located at www.tastivo.eu (hereinafter referred to as the website) through the website interface (hereinafter referred to as the store's web interface).
1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activities or within the scope of their independent professional practice.
1.3.Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are drawn up in the Slovak language. The purchase contract may be concluded in the Slovak language.
1.5. The seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.6. SOI Inspectorate for the Žilina Region, Predmestská 71, P.O.BOX B-89, 01101 Žilina, Department of Technical Inspection of Products and Consumer Protection.
tel. no. 041/7632 139 e-mail: za@soi.sk
2.USER ACCOUNT
2.1.Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the store's web interface allows it, the buyer can place orders for goods directly from the store's web interface without registering.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account in the event of any changes. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4. The buyer is not entitled to allow third parties to use the user account.
2.5. The seller may cancel the user account, especially if the buyer has not used their user account for a long time, or if the buyer violates their obligations under the purchase contract (including the terms and conditions). 2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
2.6.The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentations of goods placed on the store's web interface are for informational purposes only, and the seller is not obliged to conclude a purchase agreement for these goods.
3.2. The store's web interface contains information about the goods, including the prices of individual goods and the costs of returning the goods if, due to their nature, they cannot be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed terms.
3.3. The store's web interface also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods listed in the store's web interface applies only in cases where the goods are delivered within the territory of the Slovak Republic. In cases where the seller offers free shipping of goods, the buyer's right to free shipping is conditional upon payment of the minimum total purchase price of the shipped goods as specified in the store's web interface. In the event of a partial withdrawal from the purchase contract by the buyer and the total purchase price of the goods for which the buyer has not withdrawn from the contract does not reach the minimum amount required for the right to free transport of goods to arise in accordance with the previous sentence, the buyer's right to free transport of goods shall expire and the buyer shall be obliged to pay the seller for the transport of the goods.
3.4. To order goods, the buyer fills out an order form on the store's website. The order form contains, in particular, information about:
3.4.1. the goods being ordered (the buyer places the ordered goods in the electronic shopping cart on the store's website),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the order).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order, including the possibility for the buyer to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the ORDER WITH OBLiGATION TO PAY button. The data specified in the order is considered correct by the seller. Immediately after receiving the order, the seller shall confirm its receipt to the buyer by e-mail to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the buyer's e-mail address).
3.6. Depending on the nature of the order (quantity of goods, higher purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (e.g., in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
· in cash at the seller's premises at the address ;
· in cash or by payment card on delivery at the place specified by the buyer in the order;
· by transfer to the seller's account held at ČSOB a.s. (hereinafter referred to as the "seller's account");
· cashless via the payment system ;
· cashless by payment card;
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The seller does not require the buyer to make an advance payment or other similar payment. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment, cash on delivery, or payment at a parcel delivery point, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer.
4.7. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined.
4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer for payments made on the basis of the purchase contract. The seller is a value added tax payer. The seller shall issue a tax document - invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's email address.
4.9. According to the law on sales records, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales with the tax administrator online; in the event of a technical failure, this must be done within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that it is not possible to withdraw from the purchase agreement for the delivery of goods that have been modified according to the buyer's wishes or for the buyer's person, from a purchase contract for the delivery of goods that are subject to rapid deterioration, as well as goods that have been irrevocably mixed with other goods after delivery, from a purchase contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
5.2. If it is not a case referred to in Article 5. 1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of §7 of Act No. 102/2014 Coll. on consumer protection in door-to-door sales and mail order sales, within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract, among other things, to the seller's business address or to the seller's e-mail address.
5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the outset. The buyer must return the goods to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer upon return of the goods by the buyer or in another manner, provided that the buyer agrees to this and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
5.5. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
5.6. The seller is also entitled to withdraw from the purchase contract at any time until the goods are taken over by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift shall cease to be effective and the buyer shall be obliged to return the gift provided to the seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If the buyer finds that the packaging has been tampered with, indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier. This does not affect the buyer's rights arising from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by the seller's special delivery conditions, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations on consumer protection.
7.2. The seller is liable to the buyer for ensuring that the goods are free of defects upon delivery. In particular, the seller is liable to the buyer for ensuring that at the time the buyer takes delivery of the goods: the goods and the advertising carried out by the seller
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are normally used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design is determined by the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure, or weight
7.2.5. the goods comply with legal requirements.
7.3. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
7.4. The seller has obligations arising from defective performance at least to the extent that the manufacturer's obligations arising from defective performance continue. Otherwise, the buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt. If the goods sold, their packaging, the instructions accompanying the goods, or advertising in accordance with other legal regulations specify a period during which the goods can be used, the provisions on the quality guarantee shall apply. By providing a quality guarantee, the seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has justifiably complained to the seller about a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
7.5. The provisions of Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price a defect for which the lower price was agreed for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods. The buyer is not entitled to rights arising from defective performance if the buyer knew before taking delivery of the goods that the goods had a defect, or if the buyer caused the defect himself.
7.6. Rights arising from liability for defects in goods shall be exercised with the seller. The seller is obliged to issue the buyer with written confirmation of when the buyer exercised the right, the content of the complaint and the method of handling the complaint requested by the buyer; and further confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.
7.7. The buyer may exercise their rights arising from liability for defects in goods in person at the address – Mibax Trade s.r.o., M.R.Štefánika 1050/74, Martin, by telephone on +421 911 366 664, or by email at admin@tastivo.eu.
7.8. The buyer shall notify the seller of the right they have chosen when reporting the defect or without undue delay after reporting the defect. The buyer cannot change their choice without the seller's consent; this does not apply if the buyer requested a repair of a defect that proves to be irreparable.
7.9. If the goods do not have the properties specified in Article 7.2 of the Terms and Conditions, but the defect concerns only a part of the goods, the buyer may also request the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, in which case the buyer may only request the replacement of the part; if this is not possible, the buyer may withdraw from the contract. However, if this is disproportionate given the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge. The buyer also has the right to delivery of new goods or replacement of a part in the case of a removable defect if they cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, replacement of parts or repair of goods, they may request a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to deliver new goods without defects, replace a part or repair the goods, as well as if the seller fails to remedy the situation within a reasonable time or if remedying the situation would cause considerable difficulties for the buyer.
7.10 . Whoever has the right to claim for defective performance is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the right to reimbursement is not exercised within one month after the expiry of the period in which the defect must be reported, the court will not grant the right if the seller objects that the right to reimbursement was not exercised in time.
7.11. Other rights and obligations of the parties relating to the seller's liability for defects may be governed by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the Civil Code.
8.3. The seller handles consumer complaints via email. The seller will send information about the handling of the buyer's complaint to the buyer's email address.
8.4. The consumer has the right to contact the seller with a request for redress (by email to info@tastivo.eu) if they are not satisfied with the way in which the seller has handled their complaint or if they believe that the seller has violated their rights.
8.5. If the seller rejects this request or does not respond to it within 30 days of its submission, the consumer has the right to file a proposal for alternative dispute resolution with an alternative dispute resolution entity (hereinafter referred to as the ADR entity) in accordance with Act 391/2015 Coll. ADR entities are authorities and authorized legal entities pursuant to Section 3 of Act No. 391/2015 Coll. The consumer may file a motion in the manner specified in Section 12 of Act No. 391/2015 Coll.
8.6. The consumer may also file a complaint through the RSO alternative dispute resolution platform (online dispute resolution), which is available online at https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution consumers_en
8.7. Alternative dispute resolution may only be used by consumers who are natural persons who, when concluding and performing a consumer contract, are not acting within the scope of their business, employment or profession. Alternative dispute resolution only applies to disputes between consumers and sellers arising from or related to consumer contracts. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating alternative dispute resolution of up to EUR 5 including VAT.
8.6. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade office within its jurisdiction. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act, as amended, within a defined scope.
8.7. The buyer hereby assumes the risk of a change in circumstances.
9. PERSONAL DATA PROTECTION
9.1. Its duty to inform the buyer under Article 13 of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the buyer's personal data for the purposes of performing the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public law obligations, is fulfilled by the seller through a separate document.
9.2. The seller collects the buyer's personal data exclusively for the performance of the purchase contract concluded in accordance with the General Terms and Conditions, the fulfillment of its obligations towards the buyer or consumer, for the purpose of offering the seller's services and products, in particular when issuing invoices, contacting the buyer or consumer in connection with the processing of their order, delivery of the ordered goods, sending information about the seller's activities (including by electronic means). The seller is responsible for ensuring that the personal data of the buyer or consumer is not used for other purposes, in particular that it is not made available to third parties (except to the extent necessary for the delivery of goods).
9.3. The seller collects the personal data of the buyer or consumer to the following extent: name, surname, email address, company name, billing address, delivery address, ID number, VAT number, contact telephone number, contact email address.
9.4. By registering on the website of the online store www.tastivo.eu, the buyer confirms that they have been informed in accordance with applicable legislation that the seller will process the buyer's personal data without the buyer's consent in the process of concluding and fulfilling the purchase contract, as the processing of personal data will be carried out in pre-contractual relations and the processing of the buyer's personal data is necessary for the establishment of a contractual relationship, the processing of the order, the delivery of goods and the fulfillment of other provisions of the purchase contract in which the buyer acts as one of the contracting parties.
9.5. In accordance with the EU Directive on privacy in electronic communications, we hereby inform you that this store uses cookies and other technologies to improve customer service. Our website uses Google Analytics, which also uses cookies. By agreeing to the General Terms and Conditions, the buyer or consumer confirms that they are aware of and accept the use of cookies on the website www.tastivo.eu.
9.6. By checking the box "Sign up for our newsletter!" during registration, the buyer freely expresses their specific, informed, and unambiguous consent to the processing of their personal data which they provided during registration for the purposes of direct marketing, sending information about new products, discounts and promotions on offered goods and other marketing activities, and improving the range of services.6. The buyer or consumer grants their consent voluntarily. The buyer or consumer declares that the personal data provided in the order is true.
9.7. The period of collection and processing of the buyer's personal data corresponds to the duration of their registration on the website of the online store www.tastivo.eu. For the purposes of invoicing payments, recording and enforcing and transferring claims for services provided, for the purposes of processing participant submissions, for the exercise of rights or for the fulfillment of other obligations imposed by generally binding legal regulations, Mibax Trade, s.r.o. is entitled to keep records of personal data even after the termination of the service agreement to which you were a party.
9.8. More detailed information on the protection and processing of personal data is provided in the file Protection and Processing of Personal Data on the home page.
9.9. More detailed information on the protection and processing of personal data is provided in the file on the home page.
10. SENDING COMMERCIAL NOTIFICATIONS AND STORING COOKIES
10.1. The buyer agrees to the sending of commercial communications by the seller to the buyer's email address or telephone number. The seller fulfills its information obligation to the buyer under Article 13 of the GDPR regarding the processing of the buyer's personal data for the purpose of sending commercial communications through a separate document.
10.2. The seller fulfills its legal obligations related to the possible storage of cookies on the buyer's device through a separate document.
11. DELIVERY
11.1. The buyer may be delivered to the buyer's email address. By placing an order, the buyer agrees to the sending of invoices (tax documents) in accordance with § 71, paragraph 1, letter b) of Act 222/2004 Coll. on value added tax, as amended, and with the conditions for their sending.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Slovak law. The choice of law under the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded to him by the provisions of the legal system from which it is not possible to deviate contractually and which, in the absence of a choice of law, would otherwise apply under the provisions of Article 6(1) 1 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision that most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
12.5. Seller's contact details:
Mailing address: Mibax Trade s.r.o.,
M.R.Štefánika 1050/74
036 01 Martin
E-mail address: admin@tastivo.eu
telephone: +421 911 366 664
In Martin, 18 July 2025