Terms and conditions

Online store www.moe4kids.com

I. Identification of the trader

1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") govern the legal relations between the company

Business name: MOE Kids s.r.o.
Registered office: Laurotová 3, Bratislava - city district Nové Mesto 831 02, Slovak Republic
Registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 104412/B

IČO: 48174319
Tax ID: 2120091556
VAT ID: SK2120091556
IBAN: SK91 0200 0000 0039 0425 6651

The seller is a value added tax payer

(hereinafter referred to as the "Seller" or "Retailer") and any person who is a Buyer of products offered by the Seller on the Seller's Website and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining a consumer, within the applicable legislation of the Slovak Republic, in particular the following acts: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,  Act No. 40/1964 Coll., Civil Code, as amended.

1.2. E-mail contact and telephone contact to the Seller is:

E-mail: moe@moe4kids.com (general information)

            info@moe4kids.com  (orders)

Tel.: +421 907 130 152

1.3. The address for sending documents, complaints, withdrawals from contracts is:

1.3.1. Exchange and return company addresses:

Via Slovak Post:

MOE Kids s.r.o.
P.O.BOX 10
830 03 Bratislava 33

Note: we recommend sending by registered mail

1.3.2. Through the network of Packeta (formerly Zásielkovňa) to the pick-up point:

MELODY
Metodova 6 
821 08  Bratislava
ID 347 97

Note: Packeta's mobile application is required for sending

II. Definitions

2.1. For the purposes of these General Terms and Conditions, the Merchant, in accordance with Act No. 108/2024 Coll., as amended, lists and defines the following terms:

2.2. A distance contract means a contract between a trader and a consumer negotiated and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the trader and the consumer, in particular by means of an online interface, electronic mail, telephone, fax, address letter or offer catalogue

2.3. A trader (hereinafter referred to as the "Seller") is a person who, in connection with a consumer contract, an obligation arising therefrom or in the course of a commercial practice, acts in the course of his business or profession, including through another person acting on his behalf or on his behalf.

2.4. A consumer is a natural person who does not act in the course of his or her business or profession in relation to a consumer contract, an obligation arising therefrom or a commercial practice.

2.5. A consumer contract is any contract, regardless of the legal form, concluded by a trader with a consumer.

2.6. The term Online Store is identical to the term E-Shop and the term Website.

2.7. The Buyer is any person (natural person or legal entity) who has sent an order, in particular by using the Seller's website or other means of remote communication.

2.8. User Interface means the user interface that will be displayed to the respective Client on the Provider's website after entering the login details into their User Account.

2.9. User account is information about the user of the Provider's website, which usually includes the name chosen by the visitor, password, personal settings. It is important that the user account is always associated with one specific user name.

2.10. Durable medium means which enables the consumer or trader to store the information addressed to the consumer or trader for a period of time which corresponds to the purpose for which the information fulfils and in a manner which permits its unaltered reproduction and future use, in particular a document, e-mail, USB stick, CD, DVD, memory card and computer hard drive.

III. Basic provisions

3.1. These General Terms and Conditions govern the legal relations between Buyers who are consumers and the Seller.

3.2. Contractual relations (as well as other legal relationships that may arise from the contractual relationship) with Buyers who do not act as consumers are subject to the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.

IV. Product Order – Conclusion of the Purchase Contract

4.1. A proposal for concluding a purchase contract by the Buyer is the sending of an order for products by the Buyer carried out mainly using the Retailer's website or other long-distance means of communication.

4.2. The Purchase Contract between the Buyer and the Retailer is concluded at the moment of delivery of the confirmation of receipt of the order to the Buyer, which the Buyer has created in accordance with clause 4.1 of these GTC by the Retailer (electronically to the Buyer's e-mail address chosen by the Buyer in the process of creating the Order).

4.3. When registering on the Website and ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

The Buyer is not entitled to allow third parties to use the User Account.

The Seller may cancel the User Account, in particular in the event that the Buyer does not use its User Account for a longer period of time, or in the event that the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).

The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third-party hardware and software.

V. Duration of the purchase contract

5.1. The Purchase Contract is concluded for a definite period of time and terminates in particular upon the fulfilment of all obligations of the Seller and the Buyer. In particular, by delivery and payment of products in accordance with the concluded purchase contract. This provision does not affect the rights of the Buyer in terms of legal liability for defects of products by the Retailer.

VI. Purchase price information on the purchase price

6.1. Price of goods and services ordered through the Seller's Website

(hereinafter referred to as the "Purchase Price") is stated separately for each product and is valid at the time of placing the order by the Buyer.

6.2. The purchase price of goods or services listed on the Seller's Website is the total price of the goods or services, including all taxes, and is clearly stated on the Seller's Website.

VII. Delivery of Products

The usual time for the Seller to dispatch the products is 72 hours. Our maximum dispatch time is 7 calendar days.

7.1. In the event that the Buyer has chosen cash on delivery as the form of payment for the order. The Seller is obliged to fulfil the order and deliver the products to the Buyer within 30 days from the date of conclusion of the purchase contract in accordance with point 4.2 et seq. of these GTC.

7.1.1. If the Buyer has chosen a form of payment other than cash on delivery as the form of payment for the order, the Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the Purchase Contract in accordance with Article 4.2 et seq. of these GTC and payment of the total price of the order to the Seller. In the event that both conditions specified in Article 7.1.1 of these GTC have been met (i.e. if the purchase contract has been concluded and the total price of the order has been paid to the Seller), the Seller is obliged to deliver the products to the Buyer within 30 days from the date of fulfilment of both of these conditions.

VIII. Transfer of ownership

8.1. The ownership right to the sold item and the risk of accidental destruction, accidental deterioration and loss of the item shall pass to the Buyer at the moment of delivery.

IX. Payment methods

9.1. You may pay for goods and services on the Seller's Website in the following ways:

9.1.1. payment in the form of cash on delivery to the address – price 1 Eur (only for SR)

9.1.2. online payment via the GoPay and PayPal payment gateway – price 0 Eur

9.1.3. payment upon personal pick-up at the store – price 0 Eur

9.1.4. payment by deposit or transfer to the Seller's account – price 0 Eur

X. Shipping costs – methods of transport of products and the price for their transport

10.1. The purchase price of goods or services does not include transport costs or other costs related to the delivery of products.

10.2. Shipping methods and price for shipping ordered products:

10.2.1. Forms of transport:

10.2.1.1. Courier company

10.2.1.2. Pick-up point

10.2.2. Prices for Transportation:

10.2.2.1. The Seller informs the Buyer about the prices for individual forms of transport on the Seller's website during the purchase process, prior to concluding the Purchase Agreement on the https://www.moe.sk/doprava-platby/  

10.3. In the event that the total purchase price of the products in one order of the Buyer is higher than the amount of 80 Euros, the price for any selected form of transport for the Slovak Republic is 0 Euros.

10.4. In the event that the total purchase price of the products in one order of the Buyer is higher than the amount of CZK 2080, the price for any selected form of transport for the Czech Republic is EUR 0.

10.5. In the event that the total purchase price of the products in one order of the Buyer is higher than the amount of 180€ for abroad, the price for any selected form of transport is 0 Euros.

XI. Buyer's withdrawal from the Purchase Contract without giving a reason

11.1. The Consumer has the right to withdraw from a distance contract and a contract concluded outside the trader's business premises without giving a reason within the period specified in Article XII point 1. 12.1 to 12.3 of these GTC, except for the contract the subject matter of which is:

11.2. the provision of the service, if the service has been fully provided and the provision of the service has begun before the expiry of the withdrawal period with the consumer's express consent and the consumer has declared that he has been duly instructed that by expressing his consent, he loses the right to withdraw from the contract after the full provision of the service, if the consumer is obliged to pay the price under the contract,

11.3. delivery or provision of a product, the price of which depends on the price movement on the financial market, which the Trader cannot influence and which may occur during the withdrawal period,

11.4. delivery of goods made to consumer specifications or custom-made goods,

11.5. delivery of goods that are subject to rapid deterioration or perishability,

11.6. delivery of goods enclosed in protective packaging, which is not suitable for health protection or hygienic reasons, if the protective packaging has been broken after delivery,

11.7. supply of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

11.8. delivery of alcoholic beverages, the price of which was agreed at the time of concluding the contract, and their delivery can be carried out after 30 days at the earliest and their price depends on the movement of prices on the market, which the trader cannot influence,

11.9. carrying out urgent repairs or maintenance during a visit to the consumer that the consumer has expressly requested from the trader; this does not apply to a contract which has as its object the provision of a service other than repair or maintenance, and to a contract which has as its object the supply of goods other than spare parts necessary for the repair or maintenance to be carried out, if the contracts were concluded during the trader's visit to the consumer and the consumer did not order those goods or services in advance,

11.10. delivery of phonograms, video recordings, audiovisual recordings or software in protective packaging that has been tampered with after delivery,

11.11. supply of periodicals other than its supply on the basis of a subscription contract,

11.12. goods purchased at public auction,

11.13. provision of accommodation services for a purpose other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities, if the Trader is contractually required to provide these services at a precisely agreed time or within a precisely agreed time.

XII. Exercising the right of withdrawal from a distance contract and a contract concluded outside the trader's business premises

12.1. The consumer may withdraw from a distance contract or a contract concluded outside the trader's business premises until

a) 30 days from the date of receipt of the goods by the consumer pursuant to point 12.4. the conclusion of a contract the subject of which is the provision of a service,

(b) 30 days from the date of conclusion of the contract in the case of or in connection with an unsolicited visit or in connection with or in connection with a sales event.

12.2. If the trader has provided the consumer with specific information regarding the instruction on the consumer's right to withdraw from the contract in the case of a distance contract and a contract concluded outside the trader's business premises only subsequently, but no later than 12 months from the beginning of the period for withdrawal under point 12.1., the consumer may withdraw from the distance contract or from the contract concluded outside the trader's business premises until

(a) 30 days from the date on which the trader subsequently complied with the information obligation in the case of the running of the time limit referred to in point (a) of 12.1., or

(b) 30 days from the date on which the trader has subsequently complied with the information obligation, in the case of the running of the time limit referred to in paragraph 12.1, point (b).

12.3. If the trader has not provided the consumer with specific information regarding the information on the consumer's right of withdrawal in the case of distance contracts and contracts concluded outside the trader's business premises or under point 12.2, the consumer may withdraw from the distance contract or from the contract concluded outside the trader's business premises within 12 months of the expiry of the period referred to in paragraph 12.1.

12.4. The goods are deemed to have been received by the consumer at the moment when the consumer or a third party designated by him, other than the carrier, takes over all parts of the ordered goods, or if

a) the goods ordered by the consumer in one order are delivered separately at the moment of taking over the goods that were delivered last,

b) the goods consisting of several parts or pieces are delivered at the moment of taking over the last part or piece,

c) the goods are delivered repeatedly over a certain period of time at the moment of taking over the first goods.

12.5. The Consumer may withdraw from a distance contract or a contract concluded outside the trader's business premises, the subject of which is the delivery of goods, even before the start of the withdrawal period.

12.6. The Consumer may exercise the right to withdraw from a distance contract or from a contract concluded outside the trader's business premises in paper form or in the form of an entry on another durable medium, and if the contract was concluded orally, any clearly worded statement of the Consumer expressing the consumer's will to withdraw from the contract (hereinafter referred to as the "notice of withdrawal") is sufficient for the exercise of the consumer's right to withdraw from the contract. The consumer can use the model withdrawal form.

12.7. The withdrawal period under paragraphs 12.1 to 12.3 shall be deemed to have been met if the Consumer sends a notice of withdrawal to the Trader no later than the last day of the period.

12.8. The Consumer may withdraw from the Contract only in relation to a specific product or products if the Trader has supplied or provided more than one product on the basis of a distance contract or a contract concluded outside the Trader's business premises.

12.9. The burden of proof regarding the exercise of the right of withdrawal from the contract lies with the consumer.

XIII. Rights and obligations of the consumer after withdrawal from a distance contract and a contract concluded outside the trader's business premises

13.1. The Consumer is obliged to send back the goods or hand over the goods to the Trader or a person designated by the Trader to take over the goods within 14 days from the date of withdrawal from the distance contract or from the contract concluded outside the trader's business premises pursuant to point 12.1; This does not apply if the trader offers to collect the goods in person or through a person designated by the trader. The time limit referred to in the first sentence shall be deemed to have been complied with if the consumer sends the goods to the trader no later than the last day of the time limit.

13.2. In the event of withdrawal from a distance contract or a contract concluded outside the trader's business premises pursuant to point 12.1, the consumer shall only bear the costs of returning the goods to the trader or a person designated by the trader to take over the goods; this does not apply if the trader has agreed to bear the costs himself, or if the trader has not complied with the information obligation, i.e. if the trader has not provided the consumer with specific information regarding the information on the consumer's right of withdrawal in the case of distance contracts and contracts concluded outside the trader's business premises

13.3. The Consumer shall be liable for the decrease in the value of the Goods resulting from the handling of the Goods, which is beyond the treatment necessary to determine the characteristics and functionality of the Goods; this does not apply if the Trader has not fulfilled the information obligation pursuant to Section 15(1)(f) Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

13.4. The consumer is obliged to pay the trader the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract, if the consumer withdraws from a distance contract or a contract concluded outside the trader's business premises pursuant to Section 19 (1) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,  the subject of which is the provision of a service prior to the commencement of the provision of performance, has given explicit consent pursuant to Section 17 (10) (c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The price for the service actually provided is calculated on the basis of the total price agreed in the contract. The price for the service actually provided is calculated on the basis of the market price of the service provided, if the total price agreed in the contract is overvalued.

13.5. The Consumer does not incur any other obligations or costs from the exercise of the right of withdrawal from a distance contract concluded or from a contract concluded outside the business premises of the Merchant pursuant to 11.1.

XIV. Rights and obligations of the trader after the consumer's withdrawal from the distance contract and from the contract concluded outside the trader's business premises

14.1. The Merchant is obliged, within 14 days from the date of receipt of the notice of withdrawal, to refund to the Consumer all payments received from the Consumer on the basis of or in connection with a distance contract, a contract concluded outside the Trader's business premises or an ancillary contract, including the costs of transport, delivery, postage and other costs and fees.

14.2. The Trader shall be obliged to reimburse the Consumer for all payments pursuant to paragraph 14.1 to the extent corresponding to the withdrawal from the Contract, if the Consumer has not withdrawn from the entire distance contract or from the entire contract concluded outside the Trader's business premises. The trader cannot charge the consumer additional costs for transport, delivery, postage and other costs and fees.

14.3. The Trader is not obliged to reimburse the Consumer for additional costs if the Consumer has expressly chosen a method of delivery other than the cheapest conventional method of delivery offered by the Trader. Additional costs are the difference between the delivery costs chosen by the consumer and the cost of the cheapest conventional delivery method offered by the trader.

14.4. In the event of withdrawal from a distance contract or a contract concluded outside the business premises of the Trader, the subject of which is the supply of goods, the Trader is not obliged to refund the payments made to the Consumer pursuant to Clause 14.1 before the goods are delivered to the Trader or until the Consumer proves that the goods have been sent back to the Trader, unless the Trader proposes to collect the goods in person or through a person designated by the Trader.

14.5. The Trader shall be obliged to reimburse the Consumer for the payments referred to in Clause 14.1 in the same manner as the Consumer used to pay for them; This is without prejudice to the trader's right to agree with the consumer on another method of payment, provided that the consumer is not charged any fees in connection with the payment.

14.6. The Trader is obliged to arrange for the collection of the goods at its own expense within the period specified in paragraph 14.1., if, on the basis of a contract concluded outside the business premises of the Trader, the goods were delivered to the consumer's home at the time of concluding the contract and, taking into account the nature of the goods, it is not possible to send the goods back to the Seller by post.

14.7. Unilateral offsetting of claims between the trader and the consumer arising from withdrawal from the contract pursuant to point 11.1 is prohibited.

XV. Supervisory authority

15.1. The competent authority supervising legality in the field of consumer protection is:

Inšpektorát SOI pre Bratislavský kraj

Bajkalská 21/A, P. O. BOX No. 5,

820 07 Bratislava

Odbor výkonu dohľadu
tel. č. 02/58 27 21 72, 02/58 27 21 04
fax č. 02/58 27 21 70

Web link for suggestions submitting:

https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

XVI. Alternative Dispute Resolution

16.1. If the consumer is not satisfied with the way in which the Seller has handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the consumer's request pursuant to the previous sentence or does not respond to such a request within 30 days from the date of its sending to the consumer, the consumer has the right to file a proposal to initiate alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution and on amendments and supplements to certain acts, as amended. The competent entity for alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact details can be found  on https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website  http://www.mhsr.sk/ or directly on the website https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

The consumer has the right to choose which of these alternative dispute resolution entities to contact. A consumer can use the online dispute resolution platform available on website http://ec.europa.eu/consumers/odr/,  or directly on  the https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. website to submit a request for alternative dispute resolution for their consumer dispute. Alternative dispute resolution may only be used by the Buyer, who acts in the position of a consumer when concluding and performing the contract. Alternative dispute resolution only concerns a dispute between the consumer and the Seller, arising out of or in connection with a consumer contract. Alternative dispute resolution only concerns contracts concluded at a distance. An alternative dispute resolution entity may reject the application if the quantifiable value of the dispute does not exceed the amount of EUR 20. The ADR entity may require the consumer to pay a fee for initiating an alternative dispute resolution up to a maximum of EUR 5 including VAT.

All other information regarding the alternative resolution of disputes between the Seller and the Buyer – Consumer arising from the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended.

XVII. Information on adopted codes

17.1. The Seller informs consumers that there are no specifically relevant codes of conduct to which the Seller has committed to adhere to them, whereby a code of conduct means an agreement or a set of rules that define the conduct of the Seller who has committed to comply with this code of conduct in relation to one or more specific business practices or business sectors, unless these are provided for by law,  or any other legal regulation or measure of a public authority that the Seller has undertaken to comply with, and the manner in which the consumer may become acquainted with them or obtain the text thereof.

XVIII. Consumer Evaluation of Products

18.1. The Trader does not control and limit product reviews only to persons who have purchased the product from the merchant.

XIX. Final provisions

19.1. The Seller reserves the right to change the General Terms and Conditions. The obligation to notify the General Terms and Conditions in writing is fulfilled by its placement on the Seller's Website. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the time of conclusion of the Purchase and Sale Agreement, until the moment of its termination.

19.2. These General Terms and Conditions form an integral part of the Complaints Procedure and the Privacy Policy and Instruction of this Website. Documents - the Complaints Procedure and the Privacy Policy and Instructions of this Website are published on the domain of the Seller's Website.

19.3. These General Terms and Conditions shall enter into force and effect upon their publication on the Seller's Website on 09.04.2025.