General Terms and Conditions and Complaints Procedure of the online store of NEBBIA, s. r. o.

I. Introductory Provisions

1. 1. These General Terms and Conditions (hereinafter referred to as the “General Terms and Conditions” or “GTC”) and the Complaints Procedure govern the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a contractual relationship concluded between the company:

• • In the EU: NEBBIA, s. r. o., with its registered office at Dlhá 74/85, Žilina 010 09, Company ID (IČO) 52 469 778, registered in the Commercial Register of the District Court Žilina, Section: Sro, Insert No. 72591/L, IBAN: SK32 1111 0000 0015 7670 6019, bank code: 1111
  • In the United States: NEBBIA USA LLC, 3500 S DUPONT HIGHWAY, DOVER, DE 199 01

1. 2. e-mail: [email protected], tel. no.: +421 907 742 148 (hereinafter referred to as the “Seller”) on the one hand and the Buyer on the other hand through the online store (E-Shop) located on the website https://nebbia.fitness/ (hereinafter referred to as the “Website”).
   3. These General Terms and Conditions form an integral part of every Purchase Contract that will be concluded between the Seller and the Buyer in accordance with these General Terms and Conditions.
   4. If different terms were expressly agreed in the Purchase Contract concluded between the Seller and the Buyer, or if the exclusion of the application of certain provisions of these GTC was expressly agreed, such different arrangement in the Purchase Contract concluded between the Seller and the Buyer shall take precedence. If the Purchase Contract concluded between the Seller and the Buyer contains arrangements that are in conflict with any provision of these GTC, the arrangements set out in the Purchase Contract shall take precedence; this does not apply if the Buyer is a Consumer and the arrangement is to the detriment of the Consumer and would be contrary to the mandatory provisions of generally binding legal regulations on the protection of the Consumer. In other cases, these GTC shall apply to the mutual rights and obligations of the Seller and the Buyer.
   5. These GTC apply exclusively to contractual relationships between the Seller and the Consumer. These GTC do not apply to the sale of Goods to a person acting within the scope of their business activity or profession; such contractual relationships are governed by the separate terms and conditions of the Seller and by the Commercial Code. If the orderer states the identification data of an entrepreneur in the Order, in particular the business name, Company ID (IČO), Tax ID (DIČ) or VAT ID (IČ DPH), they shall be deemed to be acting within the scope of their business activity or profession and not to be a Consumer, unless they prove otherwise.
   6. The Seller can be contacted in the following ways:
      • in writing at the address Dlhá 74/85, Žilina 010 09;
      • by telephone at tel. no.: +421 907 742 148 (call price according to the operator’s price list);
      • by e-mail at the address [email protected].

II.Definition of Terms and Interpretation of the GTC

II.1. For the purposes of the mutual relations between the Seller and the Buyer as well as for the purposes of these General Terms and Conditions, the terms below have the following meaning:

• “Trader” and “Seller”– the company NEBBIA, s. r. o., with its registered office at Dlhá 74/85, Žilina 010 09, Company ID (IČO) 52 469 778, registered in the Commercial Register of the District Court Žilina, Section: Sro, Insert No. 72591/L
• “Consumer” or “Buyer” – a natural person who, in connection with a consumer contract, an obligation arising therefrom or in a commercial practice, does not act within the scope of their business activity or profession and who is interested in purchasing Goods offered by the Seller and concluding a Purchase Contract with the Seller regarding these Goods, and who for that purpose has duly completed and submitted a binding Order via the E-Shop and delivered it to the Seller.
• “E-Shop” – the online store of the Seller located on the Website enabling the purchase of Goods offered by the Seller on the said Website.
• “Current Offer of Goods” – the offer of Goods published on the Website, containing in particular the name, photographs, available variants (colour, size), description of the Goods including material composition, catalogue number, current price including VAT (together with the previous price, if a price reduction is announced). Changes to the Current Offer of Goods, including price changes, are effective from the moment of their publication. The Current Offer of Goods is not a proposal to conclude a Contract. Such change does not apply to Purchase Contracts concluded before the relevant change of the Current Offer of Goods.
• “Goods” – any movable item that the Seller offers for sale through the E-Shop.
• “Order” – the order of the Buyer addressed to the Seller.
• “Purchase Contract” – the purchase contract on the basis of which the Seller will deliver the ordered Goods to the Buyer.
• “Contracting Parties” – for the purposes of the Purchase Contract and/or these GTC, the Seller and the Buyer together, and each individually as a Contracting Party.
• “Commercial Code” – Act No. 513/1991 Coll., the Commercial Code, as amended.
• “Civil Code” – Act No. 40/1964 Coll., the Civil Code, as amended.
• “Consumer Protection Act” – Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended.
• “ADR Act” – Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts, as amended.
• “VAT Act” means Act No. 222/2004 Coll. on Value Added Tax, as amended.
• “Copyright Act” means Act No. 185/2015 Coll., the Copyright Act, as amended

II.2 The interpretation of these General Terms and Conditions is governed by the following rules:

• References to articles and paragraphs shall be construed as references to the relevant articles and paragraphs of these GTC.
• References to a legal regulation or the relevant legal regulation shall be construed as references to acts, government regulations, ministerial decrees or other generally binding normative legal acts.
• References to days are references to calendar days, unless otherwise stated in the GTC.
• The terms in particular or including in these GTC mean “in particular, but not exclusively” (regardless of whether this wording is expressly stated or not) and cannot be interpreted as limiting the options exclusively to the items listed.
• Terms defined in these GTC in the plural have the same meaning in the singular and vice versa.
• Headings are used in these GTC only for clarity and better orientation and have no effect on the interpretation of these GTC.
• The terms “Trader” and “Seller” are used in these GTC as equivalent and refer to the same person.
• The terms “Buyer” and “Consumer” are used in these GTC as equivalent and refer to the same person.

III. Goods and Parameters Determining the Order in Which Goods Are Displayed

III.1 For each Good published on the Website, the Seller states in particular:

• the name of the Goods,
• photographs, or a video of the Goods,
• Information on the availability of the Goods, and the available variants of the Goods (in particular colour and size), including a link to the size chart,
• the description of the Goods including material composition,
• the category in which the Goods are classified,
• the current price of the Goods including VAT, and if the Seller announces a price reduction for the Goods, also the previous price of the Goods in accordance with § 7 of the Consumer Protection Act,
• information on how to care for the Goods.

III.2. Photographs and videos of the Goods published on the Website are for illustrative purposes. The actual colour design of the Goods may differ slightly from the depiction, in particular depending on the settings and colour rendering of the Consumer’s display device, the lighting conditions during photography and the technological processing of the photograph. A deviation in colour shade that corresponds to the usual degree for this method of display and does not affect the properties of the Goods shall not be considered a defect of the Goods.

III.3. The Seller displays on its Website its entire offered range of sportswear and accessories, divided into individual categories and thematic collections.

III.4. The size charts published with individual Goods and available on the Seller’s Website at https://nebbia.fitness/size-guide/ are indicative and serve only as an aid in choosing the size of the Goods. The dimensions stated in the size chart are measurable with the usual manufacturing tolerance. The choice of a specific size of the Goods is solely the decision of the Consumer. An incorrectly chosen size of the Goods does not in itself constitute a defect of the Goods.

III.5. When a search term is entered into the search field, the Seller will also offer the Buyer several related categories of Goods corresponding to the entered term, in order to facilitate and speed up their orientation in the offer.

III.6. Goods displayed within a category, collection or search results are by default sorted from the most recently added. The Buyer may change this sorting at any time, according to the popularity of the Goods, from the cheapest to the most expensive Goods, or vice versa. The results can be further narrowed using filters, in particular by colour or size.

III.7. On the home page, the Seller displays a selection of Goods that it itself considers relevant and preferred for the Buyer. This display is determined in particular by a combination of the following parameters:

• the most frequently searched terms and categories by customers of the Website,
• the popularity of the Goods among customers (number of orders, number of views, etc.),
• the topicality of the Goods (newly added products, new collections),current availability of the Goods in stock.

III.8. The display of specific Goods on the home page may also be influenced by other circumstances, in particular the seasonality of the given collection, an ongoing marketing campaign or discount.

I.V Order and Conclusion of the Purchase Contract

A. Creating an Order

IV.1. The Buyer selects Goods on the basis of the Current Offer of Goods published on the Website, chooses the number of products (or specifies the product parameters) and confirms this selection by clicking the “Add to cart” button. The Buyer can view the contents of the cart, including the selected quantity and the total price of the selected Goods, at any time by clicking the shopping bag icon located at the top of the Website. For the shipment to be successfully delivered, at least the most necessary data in the order form must be filled in. These are marked in the form with a small asterisk. Other data are voluntary. The Buyer then selects the method of delivery and the method of payment. The Buyer is responsible for the correctness, truthfulness and completeness of the data stated in the Order, in particular billing details, delivery address, e-mail address and telephone number. The Seller is not liable for delay in the delivery of the Goods or for the impossibility of their delivery if these were caused by incorrect, incomplete or outdated data provided by the Buyer; reasonably incurred costs of repeated delivery or return of the shipment arising for this reason shall be borne by the Buyer. The Buyer is responsible for the correctness, truthfulness and completeness of the data stated in the Order, in particular billing details, delivery address, e-mail address and telephone number. The Seller is not liable for delay in the delivery of the Goods or for the impossibility of their delivery if these were caused by incorrect, incomplete or outdated data provided by the Buyer; reasonably incurred costs of the Seller arising from repeated delivery or return of the shipment for this reason shall be borne in full by the Buyer.

IV.2. An Order can only be placed by completing the order form on the Seller’s Website and submitting it via the E-Shop, by clicking the “ORDER WITH OBLIGATION TO PAY” button, whereby the Buyer expressly confirms that they acknowledge the obligation to pay the purchase price.

IV.3. Orders placed through the online store https://nebbia.fitness/ are binding.

IV.4. Before submitting the Order itself, the Buyer confirms by ticking a checkbox that they have become acquainted with:

• the terms and principles of personal data processing of the Seller set out in the Rules for the Processing and Protection of Personal Data,
• the current wording of the General Terms and Conditions, which are binding on them,
• the Complaints Procedure,

and at the same time declares that:

• all data provided by them are true,
• they have been informed of the options to withdraw from the Purchase Contract pursuant to Art. VII of these GTC.

IV.5. The order form also includes a mandatory declaration by the orderer that they are ordering the Goods as a Consumer, i.e. outside the scope of their business activity or profession. If the orderer states in the Order a business name, registered office or place of business, Company ID (IČO), Tax ID (DIČ) or VAT ID (IČ DPH), the Order shall not be considered a consumer order and these GTC shall not apply to it. This choice does not affect the actual legal status of the Buyer, which is always assessed according to objective circumstances in accordance with generally binding legal regulations. If it is proven that the orderer acted within the scope of their business activity or profession, these GTC shall not apply to the given contractual relationship, the rights and obligations of the Contracting Parties shall be governed by the Commercial Code and the Seller shall be entitled to reject the Order or to withdraw from the Purchase Contract.

Without confirming the facts pursuant to point 4.4. and the declaration pursuant to point IV..5. of this article of these GTC, it is not possible to submit the Order.

IV.6. If the Buyer has already purchased Goods from the Seller in the past, the Seller is entitled to send them, by electronic mail, via SMS service or MMS service, offers of its own Goods similar to those purchased by the Buyer, even without their prior consent, provided that the Seller obtained the contact details for this purpose in connection with the sale of Goods to the Buyer. The Seller is entitled to use contact details obtained in this way for the purposes of direct marketing for a maximum period of one year from the date of termination of the contractual relationship with the Buyer. The Buyer has the right to easily and free of charge refuse the use of their contact details for this purpose, both when they are obtained (by ticking the relevant checkbox) and with each delivered message if they have not previously refused such use (e.g. in an e-mail, by clicking the relevant unsubscribe link placed in the e-mail message).

IV.7. If the provision of point 4.6. of this article of these GTC does not apply to the Buyer, i.e. if they have not yet purchased any Goods from the Seller, the Seller may send them offers of its Goods by electronic mail, via SMS service, MMS service or other means of direct marketing solely on the basis of their prior demonstrable consent. The Buyer gives this consent via a separate checkbox, which they tick before submitting the Order; inactivity or silence do not replace consent. Without consent given in this way, the Seller will not send the Buyer offers in the form of direct marketing. The Buyer may withdraw consent to receiving offers in the form of direct marketing at any time or object to calling. The Seller is obliged to demonstrably confirm the withdrawal of consent or the acceptance of the Buyer’s objection to calling no later than 30 days from the date of withdrawal of consent or acceptance of the objection to calling, and to retain the confirmation of the withdrawal of consent or acceptance of the objection to calling no later than 30 days from the date of withdrawal of consent or acceptance of the objection to calling on a durable medium for a period of at least four years from the withdrawal of consent or the objection to calling.

B. Conclusion of the Purchase Contract

IV.8. The Purchase Contract, on the basis of which the Seller will deliver the ordered goods to the Buyer, is concluded on the basis of a proposal to conclude the Purchase Contract and the written acceptance of the proposal to conclude the Purchase Contract by the Seller.

IV.9. The proposal to conclude the Purchase Contract is the Buyer’s Order addressed to the Seller.

IV.10. The acceptance of the proposal to conclude the Purchase Contract is a written declaration of the Seller addressed to the Buyer, in which the Seller confirms that it accepts the Buyer’s Order (hereinafter referred to as the “Order Confirmation” or “Order Acceptance”). The Order Confirmation becomes effective at the moment the Order Confirmation is delivered to the Buyer’s e-mail address stated in the Order for the purpose of processing the Order. Silence or inactivity of the Seller do not constitute an Order Confirmation.

IV.11. The Order Confirmation contains:

• data on the name and specification of the ordered Goods,
• data on the purchase price of the Goods, the payment details of the Seller,
• data on the place of delivery,
• data on the costs of transport and/or delivery of the Goods, the conditions, method and date of delivery of the Goods to the specified place of delivery and all other data and information required by the relevant legal regulation.

IV.12. Attached to the e-mail by which the Seller sends the Order Confirmation to the Buyer are the General Terms and Conditions, the Complaints Procedure, the Information on the Right to Withdraw from the Purchase Contract and the Form for Withdrawal from the Purchase Contract.

IV.13. The Seller reserves the right to refuse to process a submitted Order, or to invoke the invalidity of the Purchase Contract if the Order has already been accepted, in the event of an obvious error that is recognisable even to an ordinary Buyer, with respect to an error in the product name, price, discount or other essential data about the Goods, on the grounds of mistake within the meaning of § 49a in conjunction with § 40a of the Civil Code. In the event of rejection of the Order for the reason under the previous sentence, the Purchase Contract shall not be concluded. The Seller is obliged to inform the Buyer of this fact without delay and, in the case of a payment already made, to return the received performance without undue delay, no later than within 14 days. The Seller further reserves the right not to accept an Order and not to conclude a Purchase Contract with a Buyer who in the previous period repeatedly and without reason failed to collect a duly delivered shipment or acted towards the Seller or its employees in a vexatious manner or otherwise abused their rights. The Seller shall inform the Buyer of the non-acceptance of the Order without delay to the e-mail address stated in the Order, together with stating the reason; in such case the Purchase Contract does not arise and the Seller shall return any payment already made (if it has already taken place) without undue delay, no later than within 14 days.

IV.14. If, due to stock being sold out, unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Purchase Contract has discontinued production or made such significant changes that made it impossible to fulfil the obligations of the Seller arising from the Purchase Contract, or for reasons of force majeure, or if, even with all the effort that can fairly be required of it, it is unable to deliver the Goods to the Buyer within the period specified by these GTC and the Complaints Procedure or in the Purchase Contract, or at the originally obviously incorrectly stated purchase price (e.g. in the case of an error in stating the currency – “15 Kč stated instead of 15 Euro”), and the Seller discovers this fact after receiving the Order from the Buyer or only after the Order Confirmation has been sent by the Seller, the Seller shall offer the Buyer substitute performance or the option for the Buyer to cancel the Order free of charge (cancellation of the Order) or the option to withdraw from the Purchase Contract. The Buyer may cancel the Order or withdraw from the Purchase Contract by delivering an e-mail to the Seller or in another suitable manner, so that the act is recorded on a durable medium (e.g. in writing to the address of the Seller’s registered office). If the Buyer has already paid the purchase price or part thereof, the Seller shall return the already paid purchase price or part thereof within 14 days from the date of delivery of the Notice of Withdrawal from the Purchase Contract or cancellation of the Order, to the Buyer, to the account specified by them, unless the Contracting Parties agree otherwise. If the Buyer does not accept the substitute performance offered by the Seller within a reasonable period, does not cancel the Order or does not withdraw from the Purchase Contract, the Seller is entitled to withdraw from the Purchase Contract and, if the Buyer has already paid the purchase price or part thereof, the Seller is obliged to return the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract to the Buyer.

IV.15. A Purchase Contract concluded via the E-Shop is concluded at the moment when the Order Confirmation becomes effective, i.e. at the moment the Order Confirmation is delivered to the Buyer at their e-mail address stated in the Order.

IV.16. The subject of the concluded Purchase Contract is the obligation of the Seller to deliver the ordered Goods to the Buyer at the specified place of delivery and the obligation of the Buyer to take over the Goods at the place of delivery, to pay the purchase price for them and the costs of transport and/or delivery of the Goods.

IV.17. 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 or its performance (in particular costs of internet connection, costs of SMS, e-mails and/or telephone calls) shall be borne and paid by the Buyer, whereby the costs of telephone calls do not differ from the standard rate.

V. Delivery of Goods

A. Dispatch of the Ordered Goods and Delivery Periods

V.1. The Seller dispatches the ordered Goods

• when paying by payment card online, via Google Pay and via PayPal, or via ApplePay, after the Order Confirmation or Order Acceptance;
• when paying by bank transfer to the account, the Seller dispatches the ordered Goods on the second working day after receipt of the payment to the Seller’s account;
• when paying upon taking over the Goods (cash on delivery), after the Order Confirmation.

V.2. Intentionally omitted.

V.3. Goods that are in stock are dispatched by the Seller no later than 5 days from the Order Confirmation. Goods that are not in stock are always marked with the term “OUT OF STOCK” and their availability can be verified by an enquiry to the e-mail: [email protected]. The delivery period for goods that are not in stock but are available is a maximum of 30 days; in very rare cases the Contracting Parties may also agree on a longer delivery period.

V.4. Delivery periods for selected countries are available HERE, whereby the stated delivery periods are indicative and may vary depending on the carrier.

V.5. Unless a different delivery period is stated for the product, the Seller shall deliver the ordered Goods no later than 30 days from the date of conclusion of the Purchase Contract. If the Seller does not deliver the Goods on time, the Buyer shall grant the Seller an additional reasonable period for delivery.

V.6. If the Trader does not deliver the Goods on time, the Consumer may withdraw from the Purchase Contract even without granting an additional reasonable period if:

• the Trader has refused to deliver the item;
• timely delivery was extremely important in view of all the circumstances of the conclusion of the Purchase Contract; or
• the Consumer informed the Trader before concluding the contract that timely delivery is extremely important.

B. Place of Delivery, Method of Delivery, Delivery Costs, Method of Shipment Tracking

V.7. The place of delivery is the address that the Buyer stated in the Order as the delivery address.

V.8. The Buyer can choose the method of delivery of the Goods to the place of delivery in the process of ordering the Goods. The methods of delivery of the Goods to the place of delivery are:

• delivery by GLS courier service (delivery to an address)
• delivery by GLS ParcelShop courier service (delivery to a pick-up point)
• delivery by Slovak Parcel Service courier service (delivery to an address)
• delivery by Slovak Parcel Service courier service – balíkovo
• personal collection at the brick-and-mortar store (delivery costs are €0 in this case)

V.9. The estimated amount of delivery costs is stated HERE, whereby when choosing cash on delivery payment, the relevant cash on delivery fee in the amount displayed at checkout is added to the delivery costs.

The exact price of transport and of any cash on delivery fee will be displayed at checkout before completing the Order. In the case of delivery to countries outside the European Union, an obligation to pay customs duty and VAT may arise according to the legislation of the destination country. These fees are paid by the Buyer.

V.10. The Seller’s obligation to deliver the Goods is fulfilled by handing over the ordered Goods to the Buyer at the place of delivery.

V.11. The Consumer is entitled to inspect the shipment, i.e. the Goods as well as their packaging, immediately upon delivery in the presence of the courier. The Consumer is responsible for any diminution in the value of the Goods resulting from handling them in a manner other than that necessary to establish the nature, characteristics and functionality of the Goods. If a defect of the Goods is found, the courier is obliged, at the request of the Consumer, to prepare a Damage Report stating the extent and nature of the defect of the Goods, the correctness of which shall be confirmed by both the Consumer and the courier. On the basis of the Damage Report prepared in this way, the Consumer may refuse to take over the delivered defective Goods or confirm the delivery of the defective Goods and subsequently notify the Trader of the defects of the Goods. If the Consumer refuses to take over the delivered defective Goods, all reasonably incurred costs of returning the Goods to the Trader shall be borne by the Trader. If the Consumer withdraws from the Purchase Contract, it is cancelled from the outset. In the event of cancellation of the Purchase Contract, any ancillary contract related to the Purchase Contract from which the Buyer withdrew, if concluded, is also always cancelled from the outset.

V.12. If the Goods are delivered to a country where the Flexible Delivery Service is not available, delivery information will be provided to you directly by the carrier according to the standard delivery conditions in the given country. Flexible delivery is available in the countries HERE.

V.13. The Seller shall ensure that, no later than at the beginning of the Order creation process, information on any restrictions on the delivery of Goods and information on the payment methods that the Buyer may use to pay the Total Price are stated in the E-Shop in a clear and legible manner. Restrictions on the delivery of Goods mean in particular the countries to which the Seller delivers Goods, the availability of individual methods of delivery of Goods including delivery to a pick-up point and personal collection, the availability of Goods and restrictions arising from the dimensions or weight of the Goods.

VI. Purchase Price and Payment Terms

VI.1. The purchase price for the ordered Goods is stated in the Order as well as in the Order Confirmation. The purchase price always includes VAT and is set in the Euro currency.

VI.2. The purchase price of the Goods does not include the delivery costs pursuant to Art. IV point 4.1. of these GTC, which will be charged to the Buyer separately according to the method of delivery of the goods to the place of delivery chosen by the Buyer.

VI.3. The Seller does not set the prices of Goods for a specific Buyer on the basis of automated decision-making or profiling.

VI.4. The Buyer undertakes to pay the purchase price including delivery costs (hereinafter together as the “Total Price”) to the Seller, in one of the following ways, from which the Buyer is entitled to choose when ordering the Goods:

• payment by payment card online (the Seller accepts payments by Visa and Mastercard cards);
• payment via Google Pay or Apple Pay
• payment via PayPal;
• payment by bank transfer to the account;
• payment upon taking over the Goods (cash on delivery), if this payment method is available for the given Order in the E-Shop. At the same time, if the cash on delivery payment is made in the form of a cash payment, the price paid may be rounded in such case, provided that it is a price in an amount for which it is mandatory to apply the rounding process pursuant to Act No. 18/1996 Coll. on Prices.

VI.5. When paying by bank transfer, the payment details of the Seller are stated in the Order Confirmation delivered to the Buyer’s e-mail address. When paying, the Buyer is obliged to state the correct variable symbol. The Buyer acknowledges that if an incorrect variable symbol is stated, the electronic system may not assign the credited payment to their Order. When paying by payment card online, via Google Pay or Apple Pay and via PayPal, the Buyer pays the Total Price already upon submitting the Order, i.e. before the conclusion of the Purchase Contract. The payment made in this way constitutes an advance payment towards the Total Price, and the Seller shall apply it in full to the Total Price at the moment of conclusion of the Purchase Contract, i.e. upon the Order Acceptance or Order Confirmation. The advance payment is deemed paid at the moment of successful authorisation of the payment, of which the Buyer is informed in the payment interface of the payment service provider. When paying by bank transfer to the account and when paying upon taking over the Goods (cash on delivery), the Buyer does not pay an advance payment. The Seller does not require any further advance payment or other financial security from the Buyer.

VI.6. When paying cash on delivery, the Buyer pays the Total Price upon taking over the Goods directly to the carrier, in cash or by payment card, if the carrier allows this method of payment. With this payment method, a cash on delivery fee in the amount stated in the E-Shop before submitting the Order and in the Order Confirmation is added to the Total Price. If the Buyer does not pay the Total Price upon taking over, the carrier will not hand over the Goods to them and the shipment is returned to the Seller; this does not affect Art. IV point 4.1. of these GTC. The Seller is entitled not to allow the cash on delivery payment method for a specific Order, in particular if the Total Price exceeds the limit published in the E-Shop, if the place of delivery is located outside the territory of the Slovak Republic, or if the Buyer in the previous period failed without reason to collect a shipment sent cash on delivery.

VI.7. The Buyer’s obligation to pay the Total Price is fulfilled at the moment the Total Price is credited to the Seller’s account, and in the case of cash on delivery payment at the moment the Total Price is paid to the carrier.

VI.8. The ownership right to the Goods and the risk of accidental destruction, accidental deterioration and loss of the Goods pass to the Consumer at the moment of delivery of the Goods.

VI.9. The risk of accidental destruction and accidental deterioration of the Goods passes to the Consumer at the moment the Goods are taken over by the Consumer or by a third party designated by them other than the carrier. If the Consumer chooses a carrier that was not offered to them by the Seller, the risk of damage passes to the Consumer upon handing over the Goods to this carrier..

VI.10. The Total Price will not be changed after the Order Confirmation by the Seller, not even if the Seller subsequently adjusts the purchase price of the Goods, or even if an advertising or discount campaign is taking place.

VI.11. The Seller reserves the right to change the purchase price of the Goods and to carry out advertising and discount campaigns on the Goods, in accordance with the applicable generally binding legal regulations of the Slovak Republic. This change does not apply to Purchase Contracts concluded before the publication of the change in the purchase price.

VI12. The Seller is obliged to state the previous price of the Goods in every announcement of a price reduction of the Goods. The Seller is obliged to determine the price reduction of the Goods on the basis of the previous price of the Goods.

VI.13. The previous price of the Goods is the lowest price at which the Seller sold the Goods, namely:

• in the period of 30 days before the price reduction of the Goods, or
• from the start of the sale of the Goods, if the Seller sold the Goods for a period shorter than 30 days before the price reduction.

VI.14. In the case of a gradual reduction of the price of the Goods, the Seller may state as the previous price of the Goods the original price of the Goods before the first price reduction of the Goods, regardless of the time of sale of the Goods.

VI.15. The above does not apply to Goods that are subject to rapid deterioration in quality or spoilage.

VI.16. The Contracting Parties have agreed, and the Buyer agrees, that the Seller will issue a simplified invoice containing the basic data of the Contract, which the Buyer will receive at the e-mail address that the Buyer has stored in the customer account (when creating an electronic order within the customer account) or which they stated when creating the electronic order (when creating an electronic order without registration). The Buyer agrees to this. The Seller shall send the invoice for the goods or the simplified tax document to the Buyer electronically to the e-mail address that the Buyer has stored in the customer account (when creating an electronic order within the customer account) or which the buyer stated when creating the electronic order (when creating an electronic order without registration), after the conclusion of the Contract.

VII Withdrawal from the Purchase Contract and Exchange of Goods

This article applies only to cases where the Buyer is in the position of a Consumer within the meaning of § 52(4) of the Civil Code.

VII.1. Pursuant to the Consumer Protection Act, a Buyer who is a Consumer is entitled, even without giving a reason, to withdraw from a Purchase Contract concluded via the E-Shop within 14 days from the date of taking over the Goods, in accordance with the Information on the Consumer’s Right to Withdraw from the Purchase Contract, if the Trader has timely and duly fulfilled the information obligations pursuant to § 15(1)(f) of the Consumer Protection Act. If the Trader has not provided the Consumer with the Information on the Right to Withdraw from the Purchase Contract, the withdrawal period expires 14 days from the date on which the Trader subsequently fulfilled this obligation. If the Trader does not fulfil this obligation at all, the period for withdrawal from the Purchase Contract expires 12 months after the expiry of the 14-day period for withdrawal from the Purchase Contract, which runs from the taking over of the Goods. The Consumer is entitled to withdraw from the Purchase Contract even before the period begins to run, i.e. before taking over the Goods. At the same time, the consumer has the right to withdraw from the Purchase Contract only in relation to specific Goods, if more were delivered.

VII.2. Within this period after taking over, the Consumer has the right to unpack and try on the Goods in a manner similar to what is customary when purchasing in the business premises of the Trader (in a classic “brick-and-mortar” store), to the extent necessary to establish the nature, characteristics and functionality of the Goods. However, they are liable for any diminution in the value of the Goods resulting from such handling of the Goods that goes beyond the handling necessary to establish the characteristics and functionality of the Goods. The Trader recommends that the Consumer handle the Goods carefully during the period for withdrawal from the Purchase Contract and not remove protective elements, tags and labels from them..

VII.3. The Consumer is not entitled to withdraw from a Purchase Contract concluded via the E-Shop, the subject of which is:

• the delivery of Goods made according to the Consumer’s specifications or Goods made to measure;
• the delivery of Goods sealed in protective packaging which is not suitable for return for health protection or hygiene reasons, if the protective packaging has been broken after delivery.

VII.4. The period for withdrawal from a Purchase Contract concluded via the E-Shop is deemed to be observed if the notice of withdrawal from the Purchase Contract was sent to the Trader no later than on the last day of the period for withdrawal from the Purchase Contract pursuant to point 7.1. of this article of these GTC. By the Consumer’s withdrawal from a Purchase Contract concluded via the E-Shop, the Purchase Contract is cancelled from the outset.

VII.5. The Consumer may exercise the right to withdraw from the Purchase Contract with the Trader in paper form or in the form of a record on another durable medium, including by using the Form for Withdrawal from the Contract, available HERE. The Consumer shall send the withdrawal from the Purchase Contract to the e-mail address or delivery address of the Trader stated in these GTC.

VII.6. The Consumer may also exercise the right to withdraw from the Purchase Contract with the Trader by using the function for withdrawal from the Purchase Contract, which is located on the Website under the designation “WITHDRAW FROM THE CONTRACT HERE”.

VII.7. By using the function for withdrawal from the Purchase Contract, the Consumer sends the Trader a notice of withdrawal from the Purchase Contract, within which the Consumer provides or confirms:

• the name and surname of the Consumer exercising the right to withdraw from the Purchase Contract,
• the identification data of the Purchase Contract to which the withdrawal from the contract relates,
• the electronic mail address of the Consumer or the details of another means of online communication by which the Trader will provide the Consumer with confirmation of receipt of the notice of withdrawal from the Purchase Contract.

The Consumer then sends the notice of withdrawal from the Purchase Contract by clicking the “CONFIRM WITHDRAWAL FROM THE CONTRACT” function.

VII.8. The Trader shall confirm to the Consumer the receipt of the withdrawal from the Purchase Contract without delay on a durable medium, if the Consumer withdrew from the Purchase Contract using the function for withdrawal from the Purchase Contract, which is available on the Trader’s Website. In the case of withdrawal from the Purchase Contract via the function for withdrawal from the Purchase Contract, the Confirmation of receipt of the notice of withdrawal from the Purchase Contract contains the notice of withdrawal from the Purchase Contract and the date and time of sending the notice of withdrawal from the Purchase Contract.

VII.9. After withdrawal from a Purchase Contract concluded via the E-Shop, the Trader is obliged to:

• take back the Goods from the Consumer, whereby the Consumer is obliged to send or personally hand over the Goods to the address of the Trader’s registered office: Dlhá 74/85, 010 09 Žilina, within 14 days from the date of withdrawal from the Purchase Contract. The period under the previous sentence is deemed to be observed if the Consumer sends or personally hands over the Goods to the Trader on the last day of the period stated in this letter a) of this point of these GTC;
• return to the Consumer without undue delay, no later than within 14 days from the date of delivery of the notice of withdrawal from the Purchase Contract, all payments that it received from them on the basis of the Purchase Contract or in connection with it (including delivery costs and other costs and fees), in the same way as used by the Consumer for their payment, unless the Trader agrees with the Consumer on another method of payment, whereby the Consumer will not be charged any fees in connection with the refund;
• return to the Consumer all payments to the extent corresponding to the withdrawal from the Purchase Contract, if the Consumer did not withdraw from the entire Purchase Contract.

VII.10. The Trader is not obliged to reimburse the Consumer for additional costs if the Consumer expressly chose a method of delivery other than the cheapest standard method of delivery offered by the Trader. Additional costs mean the difference between the delivery costs chosen by the Consumer and the costs of the cheapest standard method of delivery offered by the Trader.

VII.11. The Trader reserves the right to withhold the refund of payments pursuant to point 7.9. letters b) and c) of this article of these GTC until the moment the Goods are returned by the Consumer, or until proof of sending the Goods to the Trader is provided.

VII.12. The costs associated with the withdrawal from the Purchase Contract under this article of these GTC by the Consumer shall be borne by the Consumer.

VII.13. The Trader is entitled to withdraw from the Purchase Contract for the following reasons:

• if, in the case of payment to the Trader’s account, the Consumer has not paid the Total Price even within 30 days from the Order Confirmation,
• if the Consumer, who has not revoked the Order and also does not withdraw from the Purchase Contract, does not take over the ordered Goods:
  • from the courier at the agreed place of delivery;
  • at the pick-up point within the specified collection period.

VII.14. The Consumer is entitled to withdraw from the Purchase Contract in cases established by the applicable legal regulations of the Slovak Republic and/or these GTC.

VII.15. Withdrawal from the Purchase Contract is effective on the day the withdrawal is delivered to the other Contracting Party.

VII.16. The Trader provides the Consumer with the option of a voluntary direct exchange of Goods for a different size or colour. The Consumer may exercise the right to exchange the Goods within 30 days from taking them over.

VII.17. Goods that are swimwear bottoms, underwear and full swimsuits cannot be exchanged if the protective packaging has been broken after delivery, for health protection or hygiene reasons.

VII.18. The Trader is not obliged to exchange the Goods if the returned Goods are, e.g., damaged, soiled, worn beyond the usual trying on, show signs of wearing or use, or are incomplete.

VII.19. For countries outside the European Union, an exchange of Goods for other Goods is not possible, only withdrawal from the Purchase Contract.

VII.20. The Consumer shall notify the Trader of exercising the right to exchange Goods in paper form, by completing the electronic form for the exchange of Goods available HERE or in the form of a record on another durable medium (e.g. by e-mail). Regardless of the chosen method of notification, the Consumer is obliged to also state in the notification a description of the facts relating to the exchange of the Goods, in particular the requested size and/or colour of the Goods requested by the exchange.

VII.21. The Consumer is obliged to send or personally hand over the Goods to the address of the Trader’s registered office: Dlhá 74/85, 010 09 Žilina, within 14 days from the date of exercising the right to exchange the Goods, together with a copy of the proof of purchase or another credible document proving the purchase of the Goods from the Trader (e.g. the order confirmation).

VII.22. The Trader undertakes to process the Consumer’s request for the exchange of Goods and to send the exchanged Goods to the Consumer within 30 working days from the date of delivery of the original Goods by the Consumer to the Trader. If the exchange of Goods is not possible within this period (in particular due to stock being sold out, unavailability of the requested size or other obstacles), the Trader shall inform the Consumer thereof without delay. In such case, the Consumer has the right to withdraw from the Purchase Contract in one of the ways stated in points 7.5. and 7.6. of this article of these GTC. In such case, the provisions on withdrawal from the Purchase Contract under these General Terms and Conditions shall apply accordingly.

VII.23. The Consumer bears the costs of sending the original Goods back to the Trader, as well as the costs of delivering the new (exchanged) Goods from the Trader to the Consumer.

VIII. Circumstances Excluding Liability/Force Majeure

VIII.1. Neither of the Contracting Parties is liable for the failure to fulfil its obligations arising from the Purchase Contract if it proves (whereby the conditions must be met cumulatively) that the failure was caused by circumstances excluding liability.

VIII.2. Circumstances under point 8.1. of this article of these GTC are deemed to include in particular war, civil unrest, strikes, pandemics, supply chain disruptions, logistics service outages, information system outages, interventions by public authorities, customs restrictions or other similar events.

VIII.3. The Contracting Party on whose side a circumstance excluding liability due to force majeure has occurred is obliged to notify the other Contracting Party of such obstacle that prevents it from duly fulfilling its obligation, without undue delay after it became aware of it, or, taking into account all circumstances, could have become aware of it.

VIII.4. The periods for fulfilling obligations under the Purchase Contract, in particular the period for delivery of the Goods by the Seller, are extended by the duration of the circumstances excluding liability. During this time, the Contracting Parties do not have the right to withdraw from the Purchase Contract.

VIII.5. The Contracting Parties have the right to withdraw from the Purchase Contract. In such case, either of the Contracting Parties is entitled to unilaterally withdraw from the Purchase Contract, whereby the withdrawal from the Purchase Contract is effective on the day of delivery of the notice of withdrawal to the other Contracting Party.

IX. Unilateral Set-Off of Claims by the Seller

IX.1. The Trader is entitled to set off its due monetary claim against the Consumer against the Consumer’s due monetary claim against the Trader, if the conditions under § 580 and § 581 of the Civil Code and the conditions under this article of these GTC are met.

IX.2. The Trader is entitled to set off exclusively the following claims:
a) a claim for reasonably incurred costs that the Trader incurred as a result of the Consumer’s unjustified failure to take over a duly delivered shipment, and
b) a claim for reasonably incurred costs of repeated delivery or return of the shipment which arose due to incorrect, incomplete or outdated data stated by the Consumer in the Order pursuant to Art. IV point [X] of these GTC.

IX.3. The Trader is not entitled to unilaterally set off a claim that arose from the Consumer’s withdrawal from the Purchase Contract pursuant to Art. VII of these GTC, not even a claim for compensation for the diminution in value of the Goods. The Trader is not entitled to unilaterally set off any of its claims against the Consumer’s claim for the refund of payments which arose from the Consumer’s withdrawal from the Purchase Contract.

IX.4. The Trader shall effect the set-off by a declaration aimed at set-off delivered to the Consumer to the e-mail address stated in the Order. The declaration aimed at set-off is effective at the moment of its delivery to the Consumer; the claims are extinguished to the extent in which they mutually cover each other, at the moment when the claims eligible for set-off met. The Trader shall inform the Consumer of the set-off performed, stating the reason, amount and method of the set-off.

X. Protection of Intellectual Property

X.1. The Buyer acknowledges that all materials displayed on the Seller’s E-Shop, in particular product photographs, descriptions of Goods, the graphical interface, website design, source code, trademarks, logos and databases (hereinafter referred to as “Intellectual Property”), are the exclusive property of the Seller or its suppliers and are protected under the Copyright Act and the regulations on the protection of industrial property. No part of the Intellectual Property may be copied, downloaded, distributed, modified, imitated or otherwise used without authorisation without the prior express written consent of the Seller.

X.2. The Consumer is entitled to use the Intellectual Property solely for their personal needs and for non-commercial purposes. The Consumer is strictly prohibited from copying, downloading, distributing, modifying, imitating, publishing or otherwise commercially exploiting, in any manner, product descriptions, photographs, visual elements or other components of the Trader’s Intellectual Property without its prior express written consent.

X.3. A breach of obligations under this article does not affect the right of the Seller to compensation for damage and to assert claims under the Copyright Act and the regulations on the protection of industrial property.

XI. Alternative Dispute Resolution

XI.1. The Contracting Parties hereby undertake to make every effort to settle amicably all disputes arising from the Purchase Contract concluded between the Trader and the Consumer and/or these General Terms and Conditions and/or in connection with them.

XI.2. If the Consumer is not satisfied with the manner in which the Trader handled their notification of a defect, or if they believe that their other rights have been violated, they have the option to contact the Trader with a request for redress by e-mail: [email protected] or in writing to the address of the Trader’s registered office. If the Trader has responded negatively to the Consumer’s request, it shall inform the Consumer on a durable medium about the relevant alternative dispute resolution entities. If the Trader responds negatively to the request for redress or does not respond to it within 30 days from the date of its sending by the Consumer, the Consumer has the right to turn to an alternative dispute resolution entity in order to protect their consumer rights in accordance with the ADR Act. During the alternative dispute resolution, the Consumer cooperates with the alternative dispute resolution entity in the interest of a quick resolution of the dispute.

XI.3. A proposal to initiate alternative dispute resolution may be submitted in the manner specified under § 12 of the ADR Act. To submit the proposal, the Consumer may also use the form, a template of which is also available on the website of the Ministry of Economy of the Slovak Republic and of each alternative dispute resolution entity. The possibility of turning to a court is not affected thereby.

XI.4. The alternative dispute resolution entity is the Slovak Trade Inspection, Central Inspectorate
Department for International Relations and Alternative Resolution of Consumer Disputes
Bajkalská 21/A, P.O. Box 29, 827 99 Bratislava 27, e-mail: [email protected] or [email protected] for filing submissions in electronic form, or another competent authorised legal entity entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

XI.5. The Consumer is entitled to choose the alternative consumer dispute resolution entity to which they will turn. In the case of a cross-border dispute, the Consumer has the right to turn to the European Consumer Centre, which will provide them with the delivery address, electronic address or telephone contact of the alternative dispute resolution entity that is competent to resolve their dispute.

XI.6. The supervisory authority is the Slovak Trade Inspection (SOI). The address for submitting complaints for carrying out an inspection and requests for advice is the SOI Inspectorate for the Žilina Region
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1, Department of Supervision, e-mail: [email protected].

XII. Final Provisions

XII.1. The Purchase Contract between the Buyer and the Seller is concluded for a definite period, namely until the fulfilment of the obligations arising from it.

XII.2. These General Terms and Conditions are governed by the law of the Slovak Republic. The courts of the Slovak Republic have jurisdiction to decide disputes arising on the basis of or in connection with these General Terms and Conditions, whereby Buyers who are Consumers may also sue the Seller before the courts of the Member State of the European Union in which the Consumer is domiciled.

XII.3. If any provision/provisions of these General Terms and Conditions becomes ineffective or invalid, this fact does not affect the validity and effectiveness of the other provisions of these General Terms and Conditions, except where the affected provisions are mutually inseparable. In that case, the Buyer and the Seller undertake to replace the ineffective provision with an effective provision and the invalid provision with a valid provision, so that it best corresponds to the originally intended content and purpose of the ineffective and/or invalid provision. Until replacement pursuant to the previous sentence of these General Terms and Conditions, the relevant legal regulation of generally binding legal regulations applies.

XII.4. The General Terms and Conditions apply to the contractual relationship between the Buyer and the Seller in the wording stated on the Seller’s Website on the day of creation and submission of the Order, unless otherwise agreed in writing between the Contracting Parties. The Seller shall send, in electronic .pdf format, the valid and effective version of the General Terms and Conditions, which the Buyer had the opportunity to become acquainted with on the Seller’s Website and to which they expressed consent before submitting the Order by ticking the relevant checkbox, together with the Order Confirmation, to the Buyer’s e-mail address stated in the Order.

XI.5. By submitting the Order, the Buyer confirms that they have thoroughly familiarised themselves with the General Terms and Conditions, understood their content and accept without reservation all provisions of the General Terms and Conditions in the wording valid on the day of creation and submission of the Order.

XII.6. The Seller reserves the right to amend these General Terms and Conditions. The obligation of written notification of an amendment to these General Terms and Conditions is fulfilled by placing it on the Seller’s Website, whereby the amended General Terms and Conditions shall not apply to legal relationships between the Buyer and the Seller that arose before the publication of the amended wording of the General Terms and Conditions on the Seller’s Website.

XII.7. Relationships not regulated by these General Terms and Conditions are governed by the relevant provisions of the Civil Code, the Consumer Protection Act and other relevant legal regulations.

XII.8. These General Terms and Conditions come into effect on 10 September 2026.

Note: This document is an English translation of the General Terms and Conditions and Complaints Procedure of NEBBIA, s. r. o. The original and main version of these General Terms and Conditions is in the Slovak language. In the event of any discrepancy between the Slovak and the English version, the Slovak version shall prevail.