General terms and conditions
1. General provisions:
These general terms and conditions apply to purchases in the online store www.dukla.co.uk. The general terms and conditions (hereinafter also referred to as "GTC") regulate the rights and obligations of the seller (supplier) on the one hand and the buyer (customer) on the other when concluding purchase contracts via the Internet.
1.1 Seller and operator of the online store/company headquarters
DUKLA LTD
19a Russell Parade
Golders Green Road
London NW 11 9NN
Tel. contact: +44 20 8458 1175
2. Definition of terms:
2.1 Operator (online store operator) – is an entrepreneur who sells goods to the buyer and provides services within the scope of his business or other business activity. He is the person who also runs the e-shop (www.dukla.co.uk). The seller (supplier) of goods and services offered in the e-shop is: DUKLA LTD
2.2 Buyer – is a natural person capable of legal acts or a legal entity that concluded a purchase contract with the seller via the e-shop by creating a binding order that was delivered to the seller.
2.3 E-shop – is an online store located on the Internet at www.dukla.co.uk, which enables the purchase of goods or services offered by the seller.
2.4 Goods or services - include all products, products or services published on the website of the e-shop.
2.5 Order – the proposal for concluding the contract is the buyer's order addressed to the seller. The order can be made mainly by filling out the order form on the e-shop website, and after it is completely filled out and the order is sent, it becomes binding for the buyer.
2.6 Acceptance of the order - is created by the delivery of a completely filled and sent order in the e-shop to the seller.
2.7 Confirmation of the order – is the acceptance of the proposal for the conclusion of the contract, in which the seller confirms that he accepts the buyer's order. The order confirmation becomes effective upon delivery of the order confirmation to the buyer at the e-mail address that the buyer specified when filling out the order in the order form.
3. Order:
3.1 The order is created by filling out the order form on the e-shop page and selecting the goods or services by the buyer. For the successful and quick processing of the order, it is necessary to fill in the required data in the order form, choose from the delivery (transportation) options and the payment methods for the ordered goods or services.
3.2 The total price of the ordered goods and services is stated in the order, including VAT, and also in the e-mail message confirming receipt of the order. The buyer can familiarize himself with the price of the goods or services and other fees before placing the order on the e-shop website.
3.3 By sending the order, the buyer agrees to the price of the ordered goods and services, while the order becomes binding for the buyer after it is completely filled out and sent.
3.4 Confirmation of the order by the seller constitutes a purchase contract, which can be changed, canceled or supplemented only on the basis of mutual agreement between the buyer and the seller.
3.5 After creating and sending the order in the e-shop, the buyer receives an automatically generated e-mail confirming the acceptance of the order by the e-shop. The purpose of this e-mail is to inform the buyer about the acceptance of the order by the seller and about its confirmation by the seller.
3.6 By sending the order, the buyer undertakes to pay the purchase price of the ordered goods or services.
3.7 By sending an order containing any alcoholic beverage, the buyer confirms that he is over 18 years of age and assumes full responsibility for his actions.
3.8 The buyer is not entitled to conclude a purchase contract. The seller is entitled to reject the order in case of improper behavior of the buyer, or even without giving a reason, while informing the buyer about such fact.
3.9 The seller reserves the right to withdraw from the contract in the event of its invalidity, or if, despite all efforts, the seller failed to deliver the goods due to the fact that the goods were sold out, are no longer produced or supplied and it is not possible for the seller to procure these goods, of which he informs the buyer .
3.10 The buyer is fully aware of electronic communication with the seller, primarily through the e-shop, e-mail communication or telephone communication.
3.11 The seller's right of ownership is transferred to the buyer only at the moment of payment of the entire purchase price for the subject of the purchase contract and its acceptance.
3.12 The seller reserves the right, in the case of goods or services that are owned by the seller, to settle claims made by the buyer only at the moment of payment of the full purchase price of the subject of the purchase contract.
3.13 Prohibition of sale of alcohol to persons under 18 years of age. Through the transport service, the seller reserves the right to ask the recipient of the package, the content of which is an alcoholic beverage, to request a document proving the age of the recipient.
4. Obligations of the contracting parties resulting from the concluded purchase contract:
4.1 The parties to the purchase contract are the seller and the buyer.
4.2 The buyer has the obligation to:
take over the ordered goods, pay the seller for the goods the purchase price stated in the order,
check the integrity of the packaging or the goods themselves when receiving them.
4.3 The seller has the obligation to:
deliver goods or services to the buyer in the required quality, quantity and at the price indicated on the e-shop page and in the order,
send the buyer all documents related to the goods or services (invoice for the goods or services, complaint letter, instruction manual in the Slovak language, or others) together with the goods or additionally.
5. Payment and delivery terms:
5.1 All stated prices for goods are final, including VAT, or including all other taxes and fees that the consumer must pay to obtain the goods. This does not apply to possible fees for the delivery of goods (transportation, etc.), which are listed only in the so-called of the shopping cart and their amount depends on the buyer's choice.
5.2 The seller is bound by the price indicated on the e-shop page at the time of making the purchase.
5.3 Methods that can be used when paying for goods and services in our e-shop:
a.) online payment through a payment terminal (Stripe)
b.) PayPal
5.4 Shipping fees (postage and packaging) are listed in point 6 of the general terms and conditions.
5.5 The goods remain the seller's property until full payment of the purchase price and its acceptance by the buyer, while the risk of damage to things passes to the buyer upon acceptance of the goods.
5.6 The buyer's invoicing data cannot be changed after the order has been sent.
5.7 The seller has the obligation to send the goods to the buyer within 3 working days from the receipt of the order, unless they have agreed otherwise, or if a longer delivery period has not been specified for the goods.
5.8 Goods that are in stock are dispatched as soon as possible.
5.9 If the order contains several types of goods and services and some of them are not in stock, we inform the buyer about the possibility of sending partial shipments.
5.10 An invoice (tax document) is sent to the buyer together with the delivered goods or services, including instructions in the Slovak language, or other documents provided by the manufacturer for the goods or services.
5.11 The place to which the goods are delivered is considered the place of fulfillment.
5.12 The seller will deliver the goods (transport) to the buyer through:
courier company
5.13 The seller may request the presentation of an identity card (citizen's card, passport, driver's license) to verify the identity of the person receiving the order, which was paid in advance by bank transfer in order to prevent damage.
5.14 In the event that the buyer is a legal entity, the goods will only be issued to the statutory body of the given legal entity or to a person who proves himself with a written and certified power of attorney to take over the goods. The seller can refuse to issue the goods to a person who does not meet the stated conditions.
5.15 The buyer is advised to check the condition of the shipment (number of packages, integrity of package contents, damage to shipping packaging) in the presence of the carrier immediately upon delivery of the goods according to the attached shipping note.
Price and shipping method:
Postage will be calculated at the end of the order according to the weight of the ordered goods and the place of delivery. Postage costs start from £4.
We deliver to England, Wales and Scotland (Mainland). For delivery to other parts of the UK, please contact us in advance. We send shipments through external courier companies.
The maximum weight of one order is 15 kg. If the weight is higher, we will divide your package into several smaller packages.
Sending shipments:
Chilled products - MONDAY, TUESDAY, WEDNESDAY
Non-refrigerated products - MONDAY, TUESDAY, WEDNESDAY, THURSDAY, FRIDAY
An order containing refrigerated goods is sent only on Mondays, Tuesdays and Wednesdays. Since we use external courier companies for transport, we want to be sure that the refrigerated goods will reach their new owners on time. And it is for this reason that we are forced to reduce the number of days for sending refrigerated products. Delivery is within 48 hours of sending the package.
We ship an order containing only dry food and products from Monday to Friday. Delivery is approximately within 2-3 working days of sending the package.
Information for buyers:
After receiving the order, you will receive a confirmation email. If it hasn't arrived, check your spam folder.
After sending the package, we will send you an email with a delivery reference number (tracking number).
When sending the order, the customer agrees to the terms and conditions of the courier company.
We are not responsible for goods that are damaged by extending delivery due to the customer's absence at the time of delivery.
If the buyer does not pay for the recommended package insurance, he bears full responsibility for any loss or damage to the goods by the courier company and thus loses the right to a refund for the ordered goods. The insurance price is calculated from the total amount of goods at the end of the order.
If the buyer pays for the recommended package insurance, he is insured for the value of the ordered goods and the money will be returned to him in full.
7. The consumer's right to withdraw from the contract and return the goods without giving a reason:
7.1. The buyer has the right to cancel the ordered goods or service within 12 hours of sending the order without filling out the withdrawal form from the purchase contract concluded at a distance and without a cancellation fee. This does not apply to goods that are manufactured according to the buyer's order or modified to order according to the buyer's special requirements, goods made to measure or goods intended specifically for one buyer.
7.2 The consumer is entitled in accordance with Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws as amended (hereinafter referred to as the "Consumer Protection Act") withdraw from the purchase contract within 14 calendar days from the day of receipt of the goods. The consumer has the right to withdraw from the contract even before the delivery of the goods, if the subject of the purchase contract is the delivery of these goods. To withdraw from the contract, it is necessary to fill out a form.
7.3 The consumer is not entitled to withdraw from the purchase contract in accordance with point 7.2 if it concerns the sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer, or in other cases specified in § 7 par. 6 letters a) to l) of Act no. 102/2014 on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws as amended. Likewise, the consumer loses the right to withdraw from the contract, unless he exercises this right in accordance with § 8 cit. of the law in the previous sentence.
7.4 If the consumer decides to use the right mentioned in point 7.2 of the GTC, he is obliged to withdraw from the purchase contract in written form or on a durable medium no later than the last day of the specified period:
send by e-mail to the address of the e-shop operator: mail@dukla.co.uk,
or personally deliver to the seller's address (or business address),
or hand over the written withdrawal for postal transport to the above-mentioned addresses.
7.5 After notification of withdrawal from the contract, the consumer is obliged to send or personally deliver the goods (the subject of purchase from the contract from which he is withdrawing) together with all the attached documentation - for example, the original invoice, instructions in the Slovak language and possibly other documentation that was delivered to him together with with the goods. In accordance with the Consumer Protection Act, the consumer is obliged to send or personally hand over the subject goods and documentation no later than 14 days from the date of withdrawal from the contract. Consumers are advised to make a copy of the invoice for their own use and send the goods by registered mail, preferably as an insured shipment. Do not send the goods on cash on delivery, because the goods sent in this way will not be accepted.
7.6 In accordance with the Consumer Protection Act, the operator of the e-shop will refund the purchase price paid for goods or services, including transport costs as well as costs demonstrably incurred for ordering the goods within 14 days from the date of delivery of the withdrawal from the contract. However, the seller does not have to return the purchase price before the returned goods are delivered to him, or the consumer does not prove that the goods have been sent (this does not apply if the seller has suggested that he collect the goods himself).
7.7 The costs associated with returning the goods are borne by the consumer.
7.8 Any decrease in the value of the goods, caused by its use beyond the scope necessary to determine the functionality and properties of the goods, is borne by the consumer.
8. Compensation for damage in case of non-acceptance of the goods:
8.1 The buyer is obliged to take over the ordered goods. The seller has the right to compensation for damages according to sec. § 420 et seq. of the Civil Code, in the event that the buyer does not accept the postal shipment from the courier company (carrier), or does not personally collect the ordered goods at the seller's premises within the collection period.
8.2 The seller does not have the right to compensation for damages if the buyer does not take over the ordered goods because he canceled the order according to point 7.1 of the General Terms and Conditions, or if the buyer withdraws from the contract in accordance with these General Terms and Conditions and the law.
8.3 When determining the amount of compensation for damages, the seller is primarily based on the costs associated with transporting the goods to the buyer, the amount of fees for sending the goods to the buyer, the costs for packaging, shipping, or other costs incurred by the seller in processing the order in question, while he is entitled to claim, in addition to damage and lost profit.
8.4. The seller is entitled not to exercise the right to compensation for damages, or to exercise this right only partially.
9. Protection of personal data:
9.1 The operator of the online store (hereinafter referred to as the "operator") processes the buyer's personal data to the extent, in a manner and for a purpose that is in accordance with the provisions of Act no. 122/2013 Coll. on the protection of personal data and on the amendment of certain laws as amended (hereinafter referred to as the "Act on the Protection of Personal Data").
9.2 The operator processes the buyer's personal data for the purpose of concluding a purchase contract with the buyer, fulfilling obligations arising from the purchase contract, or in connection with it, for the time necessary to fulfill the purpose. It also processes the buyer's personal data when processing orders, issuing invoices, delivering ordered goods, keeping records of orders and purchase contracts, keeping records of persons registered through the e-shop and handling possible complaints, as well as when sending the current e-shop offer.
9.3 The operator processes the buyer's personal data to the extent of: title, first name, last name, residential address, e-mail address, billing address, delivery address, contact telephone number, or bank account number. Personal data in the scope of title, first name, last name, delivery address, or telephone number is processed by the operator during the delivery of the goods to the buyer and provided to the specified extent by the courier company.
9.4 The operator does not provide the buyer's personal data to third parties (except for the transport company for the delivery of goods or services, or to state authorities in case of inspection) and the operator secures the buyer's personal data before making them available to unauthorized persons.
9.5 If the buyer, when registering in the e-shop, agreed to the processing of personal data for marketing purposes and agreed to provide information about the current offer and discounts on the prices of the seller's goods, this means that he agreed to the processing of his personal data in the scope of title, first name, last name , residential address and e-mail address for the purpose of sending marketing information in the form of e-mail sent to the buyer's e-mail address. The buyer hereby grants the operator consent to the processing of personal data for the stated purpose for a period of 5 years from the date of their provision (hereinafter referred to as the "validity period of consent"). Consent to the processing of personal data for this purpose, or with the sending of marketing information, the buyer is entitled to withdraw at any time in writing to the seller, or by delivering a statement of withdrawal of consent to the e-mail address of the operator: mail@dukla.co.uk, or via the electronic contact form on the website of the e-shop www.dukla. co.uk in the "Contact" section. After the expiry of the validity period of the consent, or after receiving the revocation of the consent to the processing of personal data, the operator will ensure the immediate blocking and liquidation of the buyer's personal data processed for marketing purposes.
9.6 The buyer is entitled to revoke his consent to the processing of personal data at any time in writing, which will then be immediately blocked and disposed of by the operator. Consent to the processing of personal data can be revoked in writing (withdrawal of consent must be sent to the address of the seller) or electronically (withdrawal of consent must be sent to the e-mail address of the operator: mail@dukla.co.uk, or via an electronic contact form on the website of the e-shop www.dukla.co.uk in the "Contact" section).
9.7 The buyer, who agreed to the processing of personal data when registering in the e-shop, agreed to the collection of obtained personal data to the extent defined in point 9.3 of these GTC, including information about orders for the purpose of providing possible discounts.
9.8 The buyer has the right to access his personal data and is entitled to request their correction or update (via the electronic contact form on the website of the e-shop www.dukla.co.uk in the "Contact" section). In this way, the buyer also has the right to demand an explanation and removal of an unsatisfactory state of personal data, or may use other legally granted rights to this data.
10. Warranty conditions:
10.1 The seller is responsible for defects in the sold item (goods or services) that the item has when the buyer takes it over. The buyer can exercise his rights according to § 622 and § 623 of the Civil Code in accordance with the law and the warranty conditions according to point 10.2 of the General Terms and Conditions.
10.2 The warranty conditions for the goods are governed by the Seller's Complaints Procedure, which forms an integral part of the general terms and conditions and the valid legal regulations of the Slovak Republic. The purchase receipt serves as a warranty card.
11. Final provisions:
11.1 Legal relationships established by the purchase contract are governed by the provisions of the purchase contract (i.e. the content of the order and order confirmation), the provisions of these General Terms and Conditions, the relevant provisions of the Civil Code, while the provisions of the contract take precedence over the provisions of these General Terms and Conditions and the dispositive provisions of generally binding legal regulations. The provisions of these General Terms and Conditions also take precedence over the dispositive provisions of generally binding legal regulations.
11.2 The seller reserves the right to amend these general terms and conditions and complaint conditions even without prior notice to the buyer. Any changes to these GTC take effect on the day they are published on the website www.dukla.co.uk.
11.3 In the event of a change to the General Terms and Conditions, or the complaint conditions, the legal relations during the conclusion of the purchase contract and after its conclusion are governed by the general terms and conditions that were valid at the time the order was sent by the buyer and which were accessible on the website www.dukla.co.uk .
11.4 An integral part of these general terms and conditions are also the complaint conditions expressed in the Complaints Procedure according to point 10.1 of the General Terms and Conditions.
11.5 By sending the order, the buyer expresses that he has read the general terms and conditions as well as the complaint conditions and familiarized himself with their wording.
11.6 These general terms and conditions and complaints conditions (Complaint Policy) are published on the website www.dukla.co.uk and are also available for inspection by the buyer at the seller's premises - DUKLA LTD 19a Russell Parade, Golders Green Road, London NW 11 9NN. After the order has been sent by the buyer, these GTC and complaint conditions are also delivered to the buyer in an e-mail attachment, with which the seller confirms receipt of the order.
11.7 In the event that any provision of these General Terms and Conditions is or becomes invalid, ineffective or unenforceable, the validity, effectiveness and enforceability of the other provisions of the General Terms and Conditions shall not be affected, unless the very nature of such provision precludes this in accordance with the relevant legal regulations. The parties undertake, without undue delay, after discovering that any of the provisions of the purchase contract or these GTC is invalid, ineffective, or unenforceable, to replace the affected provision with a new valid provision, the content of which will fulfill the purpose of the original provision to the greatest extent possible.
11.8 If a situation arises where the consumer is not satisfied with the manner in which the seller handled his complaint, or believes that the seller has violated his rights, he has the opportunity to contact the seller with a written request for correction. In the event that the seller rejects the buyer's request for correction, or does not comment on it within 30 days from the date of its dispatch, the consumer may, in accordance with § 12 of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, as amended, submit a proposal to initiate an alternative resolution of your dispute.
11.9 Other relations between the seller and the buyer when creating an order and concluding a purchase contract through this e-shop, which are not directly regulated in these general terms and conditions, or in their integral parts, are governed by the relevant provisions, in particular Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended, Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and addition of certain laws as amended, Act no. 122/2013 Coll. on the protection of personal data and on the amendment and supplementation of certain laws as amended, 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 laws as amended by Act no. 284/2002 Coll. in the valid version, possibly also Act no. 513/1991 Coll. Commercial Code as amended.
11.10 These general terms and conditions, including their integral parts, become valid and effective on October 1, 2021.