BUSINESS TERMS

BUSINESS TERMS 
These general terms and conditions ("Terms") govern the rights and obligations of you, as buyers, and Us, as a seller, respectively. merchant within the framework of contractual relations concluded through remote communication, specifically through the E-shop on the WWW.KOJO.SHOP website
All information about the processing of your personal data is contained in the principles of personal data processing.
As you surely know, we primarily communicate remotely. Therefore, it also applies to our Agreement that means of remote communication are used, which allow us to come to an agreement without the physical presence of us and you.
If any part of the Terms and Conditions contradicts what we agreed upon together as part of the process of Your Order on Our E-shop, this particular agreement will take precedence over these Terms.
1. SOME DEFINITIONS
1.1. Digital fulfillment is everything that you can buy in the E-shop by concluding a contract for the provision of digital fulfillment and at the same time consists of data created and delivered in digital form or a digital service that allows you to create, process, store data in digital form or access such data.
1.2. The price is the financial amount you will pay for the Goods;
1.3. The shipping price is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging, shipping, postage or other fees;
1.4. The total price is the sum of the Price and the Shipping Price, any other costs and fees, if these could not be determined in advance;
1.5. VAT is a value added tax according to applicable legal regulations;
1.6. E-shop is an online store operated by Us at the address www.kojo.shop, where the purchase of Goods will take place;
1.7. An invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
1.8. We are the company CMA Service, s.r.o., with headquarters at Bellušova 6, 974 01 Banská Bystrica. IČO53444973 registered in the Commercial Register maintained by the District Court of Banská Bystrica, section Sro, insert number 40131/S, with date of registration November 26, 2020, e-mail mama@kojo.shop, phone number +421908812818, referred to by law as seller and/or trader; For the avoidance of doubt, we are not the operator of the online market, and thus we are not the person who operates and provides the online market to the Consumers, even through a third party, and therefore we are not subject to special information obligations according to Section 16 and Section 17 of the Consumer Protection Act.
1.9. The order is your irrevocable proposal to conclude a contract for the purchase of goods with us;
1.10. An entrepreneur is a person registered in the Commercial Register, doing business on the basis of a trade license, doing business on the basis of a non-trade license according to special regulations, or a person who carries out agricultural production and is registered in accordance with a special regulation.
1.11. A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity.
1.12. A consumer purchase contract is a purchase contract concluded between a trader as a seller and a Consumer as a buyer, if the subject of the purchase is any movable item, including an item with digital elements, water, gas or electricity sold in a limited volume or in a specified quantity, even if the item is still to be manufactured or made, among other things, according to the specifications of the Consumer as the buyer.
1.13. Goods are everything you can buy in the E-shop, including movable Goods containing Digital Content or Digital Services;
1.14. A user account is an account established on the basis of the data provided by you, which enables the storage of entered data and the preservation of the history of the ordered Goods and concluded contracts or the access and use of Digital Content delivered under the Contract for the provision of digital fulfillment;
1.15. You are a person shopping at Our E-shop, referred to by law as a buyer. If you include your identification number (IČO) in the order, you acknowledge that the provisions of these Terms and Conditions, which are specifically intended for Entrepreneurs as well as the terms mutually agreed upon between us, will apply to you, while you are still entitled to full protection against unfair and aggressive business practices and against fraudulent actions and fraudulent omissions within the limits of the relevant legal regulations;
1.16. The contract is a purchase contract agreed on the basis of a duly completed Order sent through the E-shop, and is concluded at the moment when you receive confirmation of the Order from Us. The contract is also a contract for the purchase of a thing with digital elements and a contract for the provision of digital performance. In the event that these Conditions refer in their individual parts or individual points specifically to a contract for the purchase of a thing with digital elements or to a contract for the provision of digital performance, such a special arrangement applies only to Goods and/or Digital services provided on the basis of the given contract type.
1.17. A contract concluded at a distance is a contract between the trader and the Consumer agreed and concluded exclusively through one or more means of remote communication without the simultaneous physical presence of the trader and the Consumer, in particular by using an online interface, electronic mail, telephone, fax, address letter or offer catalog ("Contract").
1.18. The Civil Code is Slovak Act No. 40/1964 Zb., as amended.
1.19. The Consumer Protection Act is Slovak Act No. 108/2024 Z. z. on consumer protection and on amendments and supplements to certain acts.
2. GENERAL PROVISIONS AND INSTRUCTIONS
2.1. The purchase of Goods is possible only through the web interface of the E-shop.
2.2. When purchasing Goods, it is your duty to provide us with all information correctly, completely and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct, complete and true.
3. CONCLUSION OF CONTRACT
3.1. The contract is concluded remotely via the E-shop, while the costs for the use of means of communication, which you use when concluding the contract remotely, are paid by you. These costs do not increase the Total Price of the Goods, nor do they differ in any way from the basic rate you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to the use of means of remote communication.
3.2. In order for us to conclude the Agreement, it is necessary that you create a draft Order on the E-shop. This proposal must include the following information:
a) Information about the purchased Goods (in the E-shop, you select the Goods you are interested in purchasing with the "Add to basket" button);
b) Information on the Price, Shipping Price, VAT, method of payment of the Total Price and required method of delivery of the Goods; this information will be entered as part of the creation of the draft Order within the user environment of the E-shop, while information on the Price, Price for shipping, VAT and Total price will be automatically included by Us in the draft Order based on the Goods you have chosen and the method of delivery;
c) Your identification data used to enable us to deliver the Goods, especially in the scope of name, surname, delivery address, telephone number and e-mail address;
d) In the case of a Contract based on which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.
3.3. During the creation of the draft Order, you can change and check the data until the time of its creation.
3.4. After checking by pressing the "Order with payment obligation" button, you create the order. Before pressing the button, however, you must confirm that you have properly familiarized yourself with the Terms and Conditions and that you agree with them, otherwise it will not be possible to create the Order. A check box is used for confirmation and consent. After pressing the "Order with payment obligation" button, all the filled-in information will be sent directly to Us.
3.5. We will confirm your Order as soon as possible after it is delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract between Us and You is concluded. The terms and conditions in the wording effective on the day of ordering form an integral part of the Agreement.
3.6. There may also be cases when we will not be able to confirm your Order. This mainly concerns situations where the Goods are not available or cases where you order a larger number of Goods than is allowed by us. However, we will always provide you with information about the maximum number of items in the E-shop in advance, so it should not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In this case, the contract is concluded at the moment when you confirm our offer.
3.7. In the event that an obviously incorrect Price is indicated in the E-shop or in the draft Order, mainly due to a technical error, we are not obliged to deliver the Goods to you at this Price, even if you have received confirmation of the Order, and therefore the Contract has been concluded. In such a situation, we will contact you without delay and we will be entitled to withdraw from the Contract, and we will send you this withdrawal from the Contract together with an offer to conclude a new Contract in an amended form compared to the Order. In this case, the new Agreement is concluded at the moment, when you confirm our offer. In the event that you do not confirm Our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered to be, for example, a situation where the Price clearly does not correspond to the usual price at other sellers at the time of creating the Order or is quite obviously missing or an additional number is indicated in the Price.
3.8. In the event that the Agreement is concluded, you are obligated to pay the Total Price.
3.9. If you have a User Account, you can place an Order through it. Even in that case, you have the obligation to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
3.10. In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, it is necessary that you fill in the information about this discount in the pre-determined field as part of the draft Order. If you do so, the Goods will be provided to you at a discount.
4. USER ACCOUNT
4.1. Based on your registration in the E-shop, you can access your User account.
4.2. When registering a User Account, it is your duty to enter all the entered data correctly and truthfully and to update it in case of changes.
4.3. Access to the User Account is secured by a username and password. Regarding these access data, it is your duty to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we bear no responsibility.
4.4. The user account is personal and you are therefore not authorized to enable its use by third parties.
4.5. We may cancel your User Account, especially if you do not use it for more than 1 year, after your withdrawal from the Agreement or if you violate your obligations under the Agreement.
4.6. The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
5. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE
5.1. The price is always stated in the E-shop, in the draft Order and in the Contract. In the event of a discrepancy between the Price specified for the Goods within the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be identical to the price in the Contract. As part of the draft Order, the Price for shipping, or the conditions when shipping is free, is also indicated.
5.2. The total price according to point 1.4 is stated including VAT, including all fees established by special legal regulations.
5.3. We will request payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can pay the total price in the following ways:
a) By bank transfer. We will send you payment information as part of the Order confirmation. In the case of payment by bank transfer, the total price is payable within 7 days.
b) By card online. In such a case, the payment takes place through the payment gateway, while the payment is governed by the conditions of this payment gateway, which are available at the address: operator. In the case of payment by card online, the total price is payable within 7 days.
c) Cash on delivery. In such a case, payment will be made upon delivery of the Goods as opposed to handing over of the Goods. In the case of payment by cash on delivery, the total price is payable upon receipt of the Goods.
d) In cash upon personal collection. It is possible to pay for the Goods in cash in the case of collection at Our establishment/s, the list of which is available on our website. In the case of payment in cash upon personal collection, the Total price is payable upon receipt of the Goods.
5.4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address specified in the Order. The invoice will also be physically attached to the Goods and available in the User Account, if you have one set up.
5.5. Ownership of the Goods passes to you only after you pay the Total Price and the Goods are delivered to you. In the case of payment by bank transfer, the total price is paid by crediting funds to Our account, in other cases it is paid at the time of making the payment.
6. DELIVERY OF GOODS, PASSING OF THE RISK OF ACCIDENTAL DAMAGE AND ACCIDENTAL DETERIORATION AND LOSS OF THE OBJECT OF PURCHASE
6.1. The goods will be delivered to you in the manner of your choice, while you can choose from the following options:
a) Personal collection at Our establishment/s, the list of which is available on Our website;
b) Personal collection at Packeta's delivery points;
c) Delivery via the transport companies Slovenská pošta, PPL SK, DHL, Packeta.
6.2. The goods can only be delivered within the Slovak Republic.
6.3. We are obliged to deliver the goods to you without delay, but no later than within 30 days from the date of conclusion of the Contract, unless we agree otherwise. The goods are delivered at the moment when you take them over or a person designated by you takes them over, or when we hand them over to a carrier you have entrusted outside of the transport options we have offered you. If the Goods require assembly or installation by Us, the Goods are considered delivered only upon completion of assembly or installation. Goods with digital elements are considered to be delivered the moment when the relevant digital content or digital service is made available to you for download and installation, or if it is a continuous supply of digital content or provision of a digital service during the agreed time, at the moment of its making available to you.
6.4. During the performance of the Agreement, such facts may occur that will affect the delivery date of the Goods ordered by you. We will inform you immediately by e-mail about the change in the delivery date and the new expected delivery date of the ordered Goods, while your right to withdraw from the Contract is not affected by this. Part of Our notification about the new date of delivery of the Goods is also Our request addressed to you to express whether you insist on the delivery of the Goods ordered by you at the new date. In the case of personal collection at Our establishment, we will always inform you via e-mail about the possibility of picking up the Goods.
6.5. When taking over the Goods from the carrier, it is your duty to check that the packaging of the Goods is intact and, in the event of any damage, to notify the carrier and Us immediately of this fact. In the event that the package is damaged, which indicates unauthorized handling and entry into the shipment, it is not your obligation to take over the Goods from the carrier.
6.6. You are obliged to take over the goods at the agreed place and time. If you do not take delivery of the delivered Goods in accordance with the previous sentence, we will inform you by e-mail where you can take over the Goods, including the deadline for taking them over, or we will re-deliver the Goods to you based on your written request sent no later than 14 days from when you were supposed to take over the Goods, while you undertake to pay us all the costs associated with re-delivery of the Goods at your request. In the event that you breach your obligation to take over the Goods, with the exception of cases according to point 6.4 of these Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that you do not accept the Goods is not a reason for withdrawing from the Contract between Us and You. If you do not take over the Goods even within the additional period, We have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise the right in question, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to compensation for the incurred damage in the amount of the actual costs of attempting to deliver the Goods at your request, or any other claim for compensation for damage, if it arises.
6.7. If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed upon in the Contract, it is your obligation to compensate us for the costs associated with this repeated delivery at your request. We will send you the payment details for the payment of these costs to your e-mail address specified in the Agreement and they are due within 14 days from the delivery of the e-mail.
6.8. The risk of accidental destruction, accidental deterioration and loss of the Goods passes to you at the moment of delivery of the Goods. In the event that you do not accept the Goods or refuse to accept them, with the exception of the cases according to point 6.4 of these Terms and Conditions, the risk of accidental destruction and accidental deterioration and loss of the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part the acceptance did not take place. The passing of the risk of accidental destruction and accidental deterioration and loss of the Goods for you means, that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
7. RIGHTS FROM LIABILITY FOR DEFECTS
7.1. Preliminary provision on liability for defects
7.1.1. If you are an Entrepreneur, we undertake to deliver the Goods to you in the agreed quality, quantity and without defects.
7.1.2. If you are a Consumer, we undertake to deliver the Goods to you in accordance with the general requirements according to § 617 of the Civil Code and the agreed requirements according to § 616 of the Civil Code presented by the properties of the Goods ordered by you on Our E-shop or on Our promotional materials in relation to the delivered Goods, and without defects. The goods do not have to comply with the general requirements according to § 617 of the Civil Code, if we explicitly informed you of this when concluding the Contract, that a particular feature does not meet such general requirements and you have expressly and specifically agreed to do so.
7.1.3. The sold goods comply with the general requirements according to § 617 of the Civil Code if:
a) is suitable for all purposes for which Goods of the same type are normally used, taking into account in particular the legal regulations, technical standards or codes of conduct applicable to the relevant industry, if technical standards have not been developed;
b) corresponds to the description and quality of the sample or model that we made available to you before concluding the Contract;
c) is supplied with accessories, packaging and instructions, including instructions for assembly and installation, which you can reasonably expect;
7.1.4. d) is delivered in the quantity, quality and with features including functionality, compatibility, safety and the ability to maintain its functionality and performance (lifetime) under normal use, which are common for Goods of the same type and which you can reasonably expect given the nature of the Goods sold, taking into account any public statement by us or by another person in the same supply chain, including the manufacturer, or on their behalf, in particular when promoting the Goods or on their label, whereas the manufacturer is considered to be the manufacturer of the Goods, the importer of the Goods on the European Union market from a third country or another person who identifies himself as the manufacturer by placing his name, trademark or other distinguishing mark on the Goods. We are responsible for defects that the Goods have upon delivery within the scope of Our obligation stated in Art. 7.1.1. or 7.1.2. of these Terms.
7.1.5. If you are an Entrepreneur, we are not responsible for Product defects in the following cases:
7.1.5.1. if you were informed about the existing defects or you had to know about the defects based on the circumstances of the conclusion of the Contract and these defects do not contradict the agreed characteristics of the Goods;
7.1.5.2. if the defects of the Goods arose after you took over the Goods, provided that the defects did not arise due to a breach of Our obligations or you had the opportunity to take over the Goods according to Art. 6. of these Terms and Conditions and you refused to take over the Goods or did not take over the Goods without a legal reason;
7.1.5.3. if you did not point out obvious defects in the Goods in time according to Art. 7.3.1. of these Conditions;
7.1.5.4. if you did not point out the hidden defects of the Goods in time according to Art. 7.3.2. of these Conditions;
7.1.5.5. for used Goods, we are not responsible for defects caused by their use or wear. For Goods sold at a lower price, we are not responsible for defects for which a lower price was negotiated.
7.1.6. If you are a Consumer, we are not responsible for defects and characteristics of the Goods in cases where:
7.1.6.1. you did not point out the defects of the Goods in time within the period specified in point 7.4.1. of these Conditions;
7.1.6.2. the characteristics of the Goods do not correspond to the general requirements according to § 617 of the Civil Code, while you have been clearly informed by Us of this fact in writing and you have specifically expressed your express written consent to the said non-compliance;
it is a contract for the purchase of Goods with digital elements or a contract for the provision of digital performance
7.1.6.3. and defects in the Goods arose as a result of incorrect installation or non-installation of the necessary updates, if we ensured the delivery of such updates, informed you of their availability and the consequences if you do not install them;
7.1.6.4. and the non-installation or incorrect installation of the necessary updates, as a result of which defects arose in the Goods, was not caused by deficiencies in the instructions for their installation provided by Us;
7.1.7. The general warranty period is 24 months. The warranty period starts from the moment you take over the Goods.
7.1.8. If the Goods are replaced, the warranty period will begin again after you receive the new Goods.
7.1.9. Your rights from liability for defects in the Goods, for which the warranty period applies, will expire if you do not exercise them within the warranty period. However, you must exercise your rights from liability for defects in Goods that deteriorate quickly no later than the day after the purchase, otherwise your rights will expire.
7.2. The sold goods have defects if they do not comply with the agreed requirements and general requirements according to the points above or if their use is made impossible or limited by the rights of a third party, including intellectual property rights. We guarantee that during the transition of the danger of accidental destruction and accidental deterioration and loss of the Goods according to point 6.8 of the Terms and Conditions, the Goods are free of defects, in particular that:
a) corresponds to the description, type, quantity and quality and has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can reasonably be expected given the nature of the Goods;
b) it is suitable for the purposes that we have indicated or for the purposes that are usual for Goods of this type and is functional;
c) is characterized by a defined ability to function with hardware or software with which the Goods of the same type are normally used, without the need to change the sold Goods, hardware or software (compatibility) and a defined ability to function with hardware or software different from those with which the Goods of the same type are normally used (interoperability);
d) is delivered with all accessories and instructions, if so agreed with you in the Contract;
e) the updates defined in the Agreement are delivered if they are Goods with digital elements.

7.3. Conditions for exercising the right from liability for defects (complaints) especially for Entrepreneurs
7.3.1. It is your duty to notify and point out the defect without undue delay after you have discovered it, but no later than within 3 days of receiving the Goods.
7.3.2. You are obliged to exercise the right from liability for other defects (hidden) in accordance with point 7.5.1. below without undue delay after you have discovered the defect in the Goods, but at the latest before the expiry of the warranty period.
7.3.3. If the Goods are delivered to you in broken or damaged packaging or the shipment is clearly too light, we ask that you do not accept such Goods from the transport company and that you notify us of this fact immediately by calling +4219088128818 or by e-mail at mama@kojo.shop. In case of detection of obvious defects (e.g. mechanical damage), you are obliged to file a claim without undue delay in accordance with point 7.5.1. below. For a claim made later due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods, we will not take into account.
7.3.4. The warranty applies to all defects of the Goods described in point 7.2.. and/or contrary to our obligation in point 7.1.1a. of these Terms.
7.3.5. You are not entitled to claim liability for defects if we are not responsible for defects in accordance with point 7.1.5. of these Conditions or according to the legislation valid and effective at the time of the conclusion of the Agreement or if you knew about the defect before taking over the Goods, or we alerted you to it or you were given an appropriate discount from the Price of the Product for that reason.
7.4. Conditions for exercising the right from liability for defects (complaints) specifically for Consumers
7.4.1. You have the right to exercise your rights from liability for defects that occur with the Goods received within 2 months from the discovery of the defect, but no later than 24 months from the delivery of the Goods. If the subject of the purchase is Goods with digital elements, where the digital content is to be delivered or the digital service is to be provided continuously during the agreed period, we are responsible for any defect in the digital content or digital service that occurs or manifests itself during the entire agreed period, but for at least 2 years from the delivery of the Goods with digital elements.
7.4.2. If the Goods are delivered to you in broken or damaged packaging or the shipment is clearly too light, we recommend that you do not collect such Goods from the transport company and that you notify us of this fact immediately by phone number 00421-908812818 or by e-mail at mama@kojo.shop. If you decide to take over such a shipment, it is necessary to check the shipment in the presence of the carrier and make sure that there are no items of Goods missing and that all items of the Goods are in order. If you find, when checking the shipment according to the previous sentence, that the condition or number of items of the ordered Goods is not in accordance with what you ordered, we recommend that you write a Record of damage to the shipment with the carrier or point out such a deficiency in the carrier's receipt protocol.
7.4.3. In case of additional detection of obvious defects after taking over the Goods (e.g. mechanical damage, missing Goods or its items, incorrect Goods or its items), we ask you to file a claim without undue delay in accordance with point 7.5.1. below. We are entitled to reject a later claim due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.
7.4.4.
7.4.5. You are not entitled to claim liability for defects if we are not responsible for defects in accordance with point 7.1.6. of these Conditions or according to the legislation valid and effective at the time of the conclusion of the Agreement.
7.4.6. You are entitled to exercise the right from liability for defects in accordance with point 7.5.1. and within the period specified in point 7.4.1 of these Terms and Conditions.
7.5. Exercising the right from liability for defects (complaints)
7.5.1. In the event that the Goods have a defect, i.e. especially if any of the conditions according to point 7.1 7.. are not met, you can notify Us of such a defect and exercise your rights from liability for defects (i.e. claim the Goods) by sending an e-mail or a letter to Our addresses listed with Our identification data, or in person at Our establishment(s), the list of which is available on our website. For a complaint, you can also use the sample form provided by us, which forms attachment no. 1 of these Terms and Conditions.
7.5.2. In your notification, by which you apply for a claim, please provide primarily a description of the defect in the Product and your identification data, including the e-mail address to which you are interested in receiving notification of how to handle the claim, and also indicate which of the claims from liability for defects, specified in point .7.6.3. until .6.8., you apply.
7.5.3. When making a claim, please also present us with a proof of purchase of the Goods (invoice), in order to prove its purchase from Us, otherwise we are not obliged to accept your claim.
7.5.4. We consider the day of claim application to be the day of delivery of the defective Goods together with the relevant documents (according to point 7.5.3). In the event that your submission, with which you are making a claim, is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will ask you to complete the submitted claim in writing, especially by e-mail. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.
7.5.5. When we receive your complaint or your supplement to the filed complaint, we will immediately issue you a written confirmation of receipt of the complaint, or confirmation of the defect. In the confirmation, we will state the shortest possible period determined according to point 7.6.1., in which we will remove the alleged defect in the Goods.
7.5.6. If you do not complete the complaint in accordance with point 7.5.4. of this article without undue delay, at the latest within 10 days from the date of delivery of Our invitation according to point 7.5.4. of this article, we will consider your submission to be unfounded and if the missing information that you have been asked to complete is necessary for processing the claim, we may decide not to deal with such an incomplete claim.
7.6. Complaint processing
7.6.1. Based on your decision, which of the defect removal methods specified in point 7.6.3. and 7.6.4. to 7.6.8, we will remove the defect within a reasonable period of time, which we need to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and severity of the defect, and which will not exceed more than 30 days from the date of application of your complaint, or from the day the defect was pointed out. We do not provide a consumer guarantee according to § 626 of the Civil Code. . We are not obliged to accept the defect removal method chosen by you, if the method chosen by you is not possible or would cause us unreasonable costs, taking into account the Price of the Goods and the severity of the defect.
7.6.2. Only in exceptional cases and for objective reasons can we extend the deadline for removing the defect stated in the confirmation of acceptance of the complaint by the best time necessary to remove the defect. We will inform you in writing about such an extension of the deadline for defect removal.
7.6.3. If it is a defect that we can eliminate by repairing it, you have the right to have the defect repaired free of charge, on time and properly at Our expense.
7.6.4. Instead of removing the defect by repairing it, you can request the replacement of the Goods.

7.6.5. Instead of removing the defect in the Product by repairing it, we can always replace the defective Product with a perfect one, if this does not cause you serious difficulties.
7.6.6. After the expiry of the deadline for removing the defect, you have the right to a reasonable discount from the Price of the Goods or you can withdraw from the Contract. You also have the same rights in cases where we do not repair the defect or replace the Product, we refuse to repair or replace the Product for the reason that repair or replacement is not possible or if it would require unreasonable costs, the Product continues to have the same defects despite its repair or replacement, or we inform you of this, that the defect cannot be repaired or the Goods replaced within a reasonable period of time or without us causing you serious difficulties. The discount from the purchase price must be proportionate to the difference between the value of the sold Goods and the value that the Goods would have if they were free of defects. We will pay the purchase price or the payment of the discount from the purchase price to you in the same way that you used to pay the purchase price, unless we expressly agree on another payment method. We bear all costs associated with the payment.
You cannot withdraw from the Agreement according to point 7.6.6 if you participated in the creation of the defect or if the defect is negligible. If the Contract covers several Goods, you can withdraw from the Contract only in relation to the defective Goods. In relation to other Goods, you may withdraw from the Contract only if it cannot reasonably be expected that you would be interested in keeping the other Goods without the defective Goods.
7.6.7. If it is a defect in the Goods that cannot be removed and which prevents you from being able to use the Goods properly as Goods without defects, you have the right to exchange the Goods or you have the right to withdraw from the Contract. You have the same rights if the defects are removable, but you cannot properly use the Product due to the reappearance of the defect after repair or due to a larger number of defects.
7.6.8. We will settle your complaint, or notification of a defect, by handing over the repaired Goods, replacing the Goods, paying an appropriate reduction in the Price of the Goods, or issuing a written and reasoned denial of liability for defects, meaning the rejection of your complaint.
7.7. If you are a Consumer, the exercise of rights arising from liability for defects in the Goods is governed by Section 619 et seq. of the Slovak Civil Code and by the Slovak Consumer Protection Act.
7.8. If we refuse responsibility for defects, or if we reject your claim, you have the right to contact an accredited person, authorized person or notified person (e.g. expert, authorized, accredited or notified person, authorized service, scientific institution, etc.) to provide you with an expert opinion or expert opinion, which proves Our responsibility for defects in the Goods.
7.9. In the event that you prove our responsibility for defects in the Goods according to point 7.8. you have the opportunity to point out the defects of the Goods to us repeatedly, while it is valid that we cannot refuse this responsibility and therefore we will be obliged to deal with your complaint again.
7.10. We bear the costs associated with obtaining an expert opinion or professional statement under point 7.8 of these Terms; however, you must claim those costs from Us no later than 2 months after the repeated complaint has been settled.
7.11. Hereby, we have properly informed you about your rights related to the application of responsibility for possible defects in the Goods. By concluding the Agreement, you confirm that you have had the opportunity to properly read the terms and conditions of the Goods complaint in advance and that you understand them.

8. WITHDRAWAL FROM CONTRACT
8.1. Withdrawal from the Agreement, i.e. the termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is explicitly stated.
8.2. If you are a Consumer, in accordance with § 19 of the Consumer Protection Act, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of receipt of the Goods, or conclusion of the Agreement, the subject of which is the provision of a service, or conclusion of the Contract for the supply of digital content, which we supply in a different way than on a material carrier. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of receipt of the last part of the Goods, and in the event that we have entered into an Agreement on the basis of which we will deliver the Goods to you regularly and repeatedly, begins on the day of acceptance of the first delivery. You can withdraw from the Agreement in any demonstrable way (in particular by sending an e-mail or a letter to Our addresses listed under Our identification data in the Terms). You can also use the function of withdrawing from the contract online, which is located in the e-shop section dedicated to complaints and returns and is marked with the "Return products" button. If you use this option, without undue delay, we will confirm receipt of the declaration of withdrawal from the contract in text form (for example via electronic mail), including its content and the date and time it was sent. For withdrawal, you can also use the sample form provided by Us, which forms attachment no. 2 Conditions. You are entitled to withdraw from the Contract also only in relation to a specific Product or Products, if we delivered or provided several Products based on the Contract. The effects of withdrawal from the Agreement also apply to any additional agreement to the Agreement, this does not apply if we expressly agree otherwise. After receiving the notice of withdrawal from the Contract, we will immediately provide you with confirmation of its delivery by e-mail or on a durable medium.
8.3. In the event that you are a Consumer and we do not deliver the Goods to you on time, you are entitled to withdraw from the Contract even without providing an additional reasonable period according to § 517 par. 1 of the Civil Code, if (i) we refuse to deliver the Goods to you, (ii) timely delivery was extremely important considering all the circumstances of the conclusion of the Contract, (iii) you informed Us before concluding the Contract that timely delivery is extremely important.
8.4. Even as a Consumer, however, you cannot withdraw from the Agreement in cases where the subject of the Agreement is:
a) the provision of the service, if the service has been fully provided and the service provision began before the expiry of the period for withdrawing from the Contract with your express consent and at the same time you have declared that you have been properly informed that by expressing your consent you lose the right to withdraw from the Contract after the full provision of the service, if you are obliged to pay the Price according to the Contract;
b) sale of Goods, the Price of which depends on price movements on the financial market, which we cannot influence and which may occur during the expiry of the withdrawal period from the Contract;
c) the sale of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the Agreement, while their delivery can be carried out no earlier than 30 days later, and their price depends on price movements on the market, which we cannot influence;
d) sale of Goods that were made according to your specifications or that were custom-made for you;
e) sale of Goods that are subject to rapid deterioration or deterioration and Goods that have been inseparably mixed with other goods after delivery;
f) sale of Goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery;
g) sale of audio recordings, video recordings, audiovisual recordings or software sold in protective packaging, if the original packaging was damaged after the delivery of the Goods;
h) sale of periodicals, with the exception of sales based on a subscription contract;
i) delivery of digital content, if it was not delivered on a physical medium and was delivered with your prior express consent before the expiration of the withdrawal period from the Contract and We have informed you that you do not have the right to withdraw from the Contract.
8.5. Deadline for withdrawal according to Art. 8.2 The condition is considered to be preserved if you send Us a notice that you are withdrawing from the Agreement during its course (but no later than on its last day).
8.6. In case of withdrawal from the Contract, the Price will be returned to you within 14 days from the date of delivery of the notice of withdrawal to your bank account from which it was credited, or to your bank account chosen in the withdrawal from the Contract. However, the amount will not be refunded before you return the Goods to Us or prove that they have been sent back to Us. Please return the goods to us clean, preferably including the original packaging.
8.7. In case of withdrawal from the Agreement according to Art. 8.2 Condition You are obliged to send the Goods to Us or to a person authorized by Us to take over the Goods within 14 days of withdrawal, while you bear the costs of returning the Goods to Us. This does not apply if we agree to pick up the Goods personally or through a person authorized by Us. The deadline is preserved if the Goods were handed over for transport no later than the last day of the deadline. On the other hand, you are entitled to have us return the price for transport, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods. What is stated in the first sentence of this point also applies to the return of the material carrier on which the Digital Service was delivered to you within the Contract for the provision of digital service. After your withdrawal from the Contract for the provision of digital fulfillment, we are also entitled to prevent you from further using the Digital Fulfillment, in particular, by restricting access to the Digital Fulfillment or canceling your user account. If it is the subject of the Contract, from which you withdraw from the provision of the service, you are obliged to pay Us the Price for the actually provided performance by the date of delivery of the notice of withdrawal from the Contract, if you have given express consent to the start of the service provision before the provision of the performance.
8.8. You are responsible for the damage in cases where the Goods are damaged as a result of your handling them differently than it is necessary to handle them with regard to their nature and properties. In such a case, we will invoice you for the damage caused after the goods have been returned to us and the due date of the invoiced amount is 14 days.
8.9. We are entitled to withdraw from the Contract due to the sold-out of stocks, the unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Contract has suspended production or made serious changes that made it impossible to fulfill Our obligations under the Contract or for reasons of force majeure, or if, even with all Our efforts that can be fairly required of Us, We are not able to deliver the Goods to you within the period determined by these Terms and Conditions. In these cases, we are obliged to inform you of this fact without undue delay and to return to you the already paid Total price for the Goods, within 14 days from the date of notification of withdrawal from the Contract. We will return the Total Price paid for the Goods to you in the same way as you paid the Total Price, while this does not affect the right to agree with you on another method of refund, if you will not be charged any additional fees in connection with this.
8.10. We are entitled to withdraw from the Contract even if you have not taken over the Goods within 5 working days from the day when you were obliged to take over the Goods.
9. SUBMISSION OF INITIATIVES AND COMPLAINTS
9.1. As a Consumer, you are entitled to submit suggestions and complaints in writing, via e-mail to: mama@kojo.shop
9.2. We will inform you about the assessment of the initiative or complaint by e-mail sent to your e-mail.
9.3. The supervisory body is mainly the Slovak Trade Inspection (SOI), the SOI Inspectorate for the Banskobystricky Region,
9.4. If you are not satisfied with the handling of your request or complaint, you can submit a request for an inspection electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.
10. ALTERNATIVE RESOLUTION OF DISPUTES WITH CONSUMERS
10.1. You have the right to contact Us with a request for correction, by e-mail sent to mama@kojo.shop, if you are not satisfied with the way in which we handled your complaint or if you believe that we have violated your rights. If we respond negatively to your request or do not respond to it within 30 days of sending it, you have the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity ("Subject") pursuant to Act No. 391/2015 Z. z. on alternative resolution of consumer disputes and on amendments to certain laws, as amended ("Act on Alternative Dispute Resolution").
10.2. The entities are authorities and authorized legal entities according to § 3 of the Alternative Dispute Resolution Act, and their list is published on the website of 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.
10.3. You can submit a proposal in the manner specified under Section 12 of the Alternative Dispute Resolution Act.
10.4. Furthermore, you have the right to initiate out-of-court dispute resolution online through the OSR platform available on the website https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, respectively. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
11. FINAL PROVISIONS
11.1. We will deliver all written correspondence with you by electronic mail. Our e-mail address is listed under Our Identification Data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us.
11.2. The contract can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. However, we will inform you about the change only if you have created a User Account (so that you have this information in case you order new Goods, but the change does not establish the right of termination, as we have not concluded a Contract that could be terminated), or, based on the Contract, we are to deliver the Goods to you regularly and repeatedly. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive from you within 14 days of sending the information about the change the termination of the concluded Agreement for regular and repeated deliveries of the Goods, the new conditions will become part of our Agreement and will apply to the next delivery of the Goods following the effective date of the change. The notice period in case you give notice is 2 months.
11.3. In the case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure or unforeseeable events, and if this condition lasts for more than 10 days, both We and You have the right to withdraw from the Agreement in writing.
11.4. An integral annex to the Terms and Conditions is a sample complaint form (Appendix No. 1) and a sample form for withdrawing from the Contract together with instructions (Appendix No. 2).
11.5. The contract, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and Order confirmations with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without Our cooperation. We recommend always saving the confirmation of the Order and the Terms and Conditions.
11.6. Our activity is not subject to any codes of conduct pursuant to § 2 letter I) of the Consumer Protection Act.

12. Gift vouchers

12.1. A gift voucher is valid for 6 months from the date of issue. After this period, the voucher can no longer be redeemed.

12.2. The voucher can be used to purchase any product on kojo.shop, with no restrictions on specific days or products.

12.3. A gift voucher can be redeemed by anyone who has the voucher code — it is not tied to a specific person.

12.4. The voucher is single-use — it is redeemed in full as part of one order. If the order value exceeds the voucher value, the customer pays the difference using a regular payment method. If the order value is lower than the voucher value, the remaining balance is forfeited and is neither refunded nor carried over to a future order.

12.5. The gift voucher cannot be returned, exchanged, or redeemed for cash.

APPENDIX NO. 1 - COMPLAINT FORM
Addressee: [TO BE ADDED].
Claim application
Filled in by the Consumer
Name and surname:
Address of residence:
Filled in by Entrepreneur - natural person
Trade name:
Residential address / Headquarters:
ID number/Enrollment
Filled in by Entrepreneur - legal entity
Trade name:
Registered office of the legal entity:
IČO/data on registration in the Commercial Register:
Name and surname of the person acting on behalf of the Entrepreneur - legal entity/function
E-mail address:
Order and invoice number:
Order date:
Date of receipt of goods:
The goods that are being complained about (name and code):
Description and scope of product defects:
As a customer of the seller, I demand that my complaint be dealt with in the following way:
I wish to return the money to a bank account (IBAN)/in another way

Attachments:
Date:
Signature:
APPENDIX NO. 2 - CONTRACT WITHDRAWAL FORM