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GENERAL TERMS AND CONDITIONS
of the online store www.fulpio.com, effective as of 01/11/2025.

I. Definitions of Terms Used in the Terms and Conditions

  1. Online Store or Store – an online service organized in a retail format (a system of remote information exchange and selection for the purchase of goods or services) available at: https://www.fulpio.com, through which the Customer may, in particular, place orders.
  2. Seller or Merchant – PRODOM spol. s r.o., with its registered seat at Vajnorská 2/E, 900 28, Ivanka pri Dunaji, Slovak Republic, Company ID: 30 777 011, registered in the Commercial Register of the District Court Bratislava III, Section: Sro, Insert No.: 2129/B, e-mail address: info@fulpio.com, telephone number: +421 903 847 058.
  3. Customer – a natural person who, in accordance with these General Terms and Conditions, places an order for goods and/or services via the online store at https://www.fulpio.com, and who, when entering into and performing the consumer contract, does not act within the scope of their business activity, employment, or profession. Also referred to herein as the Consumer.
  4. Item with Digital Elements or Goods – products presented and offered by the Seller in the online store that include digital content or a digital service, or are connected with digital content or a digital service in such a way that the absence of such content or service would prevent the Goods from fulfilling their intended function. The offer of Goods with digital elements is published on the Seller’s website https://www.fulpio.com. Information about the use and features of the Goods is available in the online store and in the document entitled “Terms of Use of the Application,” which provides detailed information regarding the integration of the Goods with the Seller’s application.
  5. Digital Performance – digital content and digital services.
  6. Digital Service or Service – a service presented and offered by the Seller in the online store that enables the Customer to create, process, or store data in digital form, to access such data, or to enable the exchange or any interaction with data in digital form uploaded or created by users of the service. The Seller provides the Consumer with a digital service in the form of the Application as specified in point 18 of this article. The digital services provided by the Seller include: a Basic Service, which is free of charge, and Additional Services.
  7. Digital Content – data that is created and delivered in digital form.
  8. Additional Services – services presented in the online store that may be purchased separately according to the price list, such as the additional service “Fulpio Pro” and the additional service “Fulpio Teams”, or other paid services provided to registered Customers by the Seller as listed in the price list.
  9. Account – the Customer’s personal administration and information panel in the online store, created automatically upon proper registration, where data is collected and stored, particularly information regarding placed orders and data provided during registration.
  10. Registration – the creation of an Account in the online store by the Customer. The Customer may also place orders for Goods without registration directly through the web interface at https://www.fulpio.com. Ordering Digital Services without registration (i.e., without creating an Account) is not permitted.
  11. Shopping Cart – a system tool (functionality) that facilitates the shopping process in the online store, in particular by allowing the Customer to collect selected items in one place for the purpose of placing a collective order. The Cart is automatically created when at least one product is added via the “Add to Cart” function.
  12. Order – the Customer’s declaration of intent aimed directly at entering into a purchase contract, specifying, in particular, the type and quantity of the Goods.
  13. Contract – a contract for the sale of Goods or Services pursuant to Act No. 108/2024 Coll. on Consumer Protection and on the Amendment and Supplementation of Certain Acts, concluded between the Seller and the Customer remotely via the online store in electronic form, typically by accepting these Terms and Conditions. The contract also includes the Privacy Policy and all related legal documents. A purchase contract concluded under Act No. 513/1991 Coll., the Commercial Code, is concluded between the Seller and a Buyer who, when entering into and performing the contract, acts within the scope of their business or other entrepreneurial activity, or in the course of their profession.
  14. Contract with Digital Performance – any consumer contract under which the Merchant delivers or undertakes to deliver a digital performance and the Consumer pays or undertakes to pay a price, including in the form of data representing a digital value, or provides or undertakes to provide their personal data to the Merchant, even if the digital performance is developed according to the Consumer’s specifications.
  15. Digital Profile – a computer file containing contact or any other information about the Customer, including information about their family or pets, consisting of text and multimedia, which can be electronically shared across devices.
  16. Application – the Seller’s mobile application entitled “Fulpio – Your Smart Custom Profile!”, designed for creating the Customer’s digital profile. The Application is available for Apple iOS and Google Android platforms. Through the Application, the Customer may use the Goods to share selected personal, business, or other data and information included in the digital profile. The Customer is responsible for the content of the shared information.
  17. Newsletter – an electronic mail distribution service provided by the Seller, allowing its users to receive marketing content from the Seller, especially including information about new products and promotions in the online store.

II. General Provisions

  1. The online store is operated and administered by the Seller (including the processing of personal data).
  2. The purpose of operating the Store is to allow Customers to become acquainted with the Goods and Services offered by the Seller, including their prices and availability, and to enter into distance purchase contracts for such Goods and Services.
  3. These Terms and Conditions define the rules applicable to the Seller for the sale of Goods, Services, and Digital Performance by means of remote communication via the online store, as well as the rules for the use of the online store by Customers and other functionalities made available through the online store.
  4. The Customer expresses their consent to these Terms and Conditions—of which the Privacy Policy published on the Seller’s website at https://www.fulpio.com and the Terms of Use of the application “Fulpio – Your Smart Custom Profile!” in force at the time of the conclusion of the contract between the Seller and the Customer form an integral part—by confirming their intent to be legally bound by their provisions through the submission of an Order via the Seller’s web interface.
  5. The Customer may access the current version of these Terms and Conditions at any time at https://fulpio.com/terms-of-service/ and via a hyperlink located on the Store’s homepage, and may print them at any time.

III. Information on Goods, Services, and Prices

  1. Information regarding the Goods and Services offered for sale via the Online Store is published on the website https://www.fulpio.com. Such information is provided together with details regarding the features and prices of the Goods and Services. Any photographs and descriptions of the Goods displayed in the Online Store are subject to technical limitations and are intended solely to provide the Customer with a general idea of the characteristics, appearance, and specifications of the Goods. In particular, the appearance of Goods in the photos presented in the Store may differ from their actual appearance, for instance due to monitor settings, lighting conditions, or photographic constraints. Furthermore, the technical descriptions of Goods may include simplifications related to their conversion into a readable format and adapted to the context of their publication in the Online Store. For the avoidance of doubt, this provision does not limit the Seller’s liability toward Customers who are Consumers.
  2. Only those Goods or Services marked with the “Add to Cart” button, as well as Services related to such marked Goods, are offered for sale through the Online Store.
  3. The prices of Goods and Services are included in their respective descriptions. This ensures that the Customer is able to review the applicable price before submitting a binding Order or entering into a contractual relationship.
  4. All prices of Goods and Services published on the Store’s website are stated in euros or other applicable local currencies and include value-added tax (VAT) at the rate in accordance with the relevant applicable VAT legislation.
  5. The price must be paid by cashless transfer to the Seller’s bank account. The available payment method is the Stripe payment gateway.
  6. Delivery is available within the countries of the European Union. Shipping costs are specified separately for each Order in the Cart.
  7. The Online Store may make changes to the descriptions and prices of Goods and Services. Such right shall not affect the price of Goods ordered prior to the effective date of the change.
  8. The Seller is obliged to supply Goods free from defects.

IV. Orders

  1. The contracting parties to the agreement are the Seller and the Customer.
  2. Customer orders are accepted via the Online Store’s website (at the domain https://www.fulpio.com) upon completion of the full order submission process.
  3. Orders may be placed during the period of availability of the Store’s website (generally 7 days a week, 24 hours a day). However, due to technical limitations, the Seller does not guarantee uninterrupted availability of the Store’s website.
  4. The contract for the sale of Goods and Services is concluded in the Slovak language.
  5. The contract for the sale of Goods is concluded at the moment the Customer completes the order process and submits the order (i.e., by clicking the “Order with obligation to pay” button), which constitutes acceptance of the Seller’s offer presented through the Store. At this point, the purchase contract between the Seller and the Customer becomes legally binding.
  6. The billing details provided by the Customer at the time of ordering Goods or Services cannot be modified afterward.

V. Order Placement Procedure for Goods and Services

  1. The Customer selects the desired Goods and their quantity by clicking the “Add to Cart” button. In the “Cart” window, the number of selected items, their unit price, value, and the total value of the entire Order are displayed.
  2. By repeating the above step, the Customer may add more items to the Cart or increase their quantity. The Seller reserves the right to limit the number of units of a particular product per purchase. Any such limitation will be indicated for the relevant product.
  3. The Customer may review the contents of their Cart by clicking the “Cart” or “View Cart” button, where they may also choose the delivery and payment method, as well as view the final delivery cost.
  4. At this stage, the Customer may also review and modify the contents of the Cart (e.g., change item quantities), recalculate the total value, or remove items. Clicking on a product name in the “Product Details” column will open a page with more detailed information. To remove an item from the Cart, the Customer may use the “trash icon” button or any other button with a similar function available at the time.
  5. The Customer may continue shopping by clicking the “Continue Shopping” button after adding an item to the Cart.
  6. After adding all desired items to the Cart and reviewing its contents, the Customer proceeds to the ordering process by clicking the “Order” button and continuing to the “Shipping and Payment” step.
  7. The Customer may choose from the following three options:
    a. “Log In” – A Customer who has an existing account in the Online Store may enter their e-mail address and password if not already logged in.
    b. “Create an Account” – A Customer without an existing account may create one (see Section XI of these Terms and Conditions for more information on registration). Registration is voluntary.
    c. “Order Without Registration” – Any Customer may place an order without registering, providing all necessary information required to complete the order (similarly to the registration process – see Section XI of these Terms and Conditions).
  8. The Customer is then redirected to the next page, where they provide billing information, a delivery address, and formal consent. At this stage, the Customer may provide a different delivery address than the billing address.
  9. If all information is correct, the Customer places the order by clicking the “Order with Obligation to Pay” button. This constitutes the moment of contract formation (at which point the terms of the transaction become binding and final for both the Seller and the Customer).
  10. By accepting the Terms and Conditions, the Customer agrees that the Seller may issue electronic invoices in PDF format and send them to the Customer’s e-mail address or make them available through the Customer’s account. Notwithstanding the above, it is also permissible for the Seller to issue traditional paper invoices. The Customer may withdraw their consent to the use of electronic invoices at any time by sending a written notice to the following e-mail address: info@fulpio.com.
  11. After placing the order, the Customer is redirected to the “Summary” page or to another page appropriate to the selected payment method (e.g., to perform an online bank transfer or card payment), followed by the “Order Processing” page.
  12. Once the order is submitted, the Customer receives an automatic e-mail confirmation containing information that the order has been received for processing and the current order status.
  13. The status and details of the order may be viewed at any time by the Customer (unless the order was placed without registration) under the “Orders” tab after logging into their account. In addition, all relevant order details will be sent to the e-mail address provided by the Customer.
  14. The Seller also provides, through the Online Store, the option of using a product design service, which allows the Customer to design the product based on their individual preferences. To create a custom design, the Customer is automatically redirected to the Seller’s external application, Zakeke Product Designer. Once the order is submitted, the selected product design can no longer be changed.
  15. In contractual relationships that involve both the provision of a service and the subsequent delivery of Goods, the relevant provisions of these Terms and Conditions applicable to Goods shall apply accordingly.

VI. Delivery of Goods and Provision of Services

  1. The Store delivers purchased Goods within the countries of the European Union.
  2. Delivery of Goods is carried out to the address specified in the Customer’s Order via the courier company Packeta Slovakia s. r. o., with its registered seat at Sliačska 1E, 831 02 Bratislava – Nové Mesto, Company ID: 48136999, either to one of its designated pickup points or to its self-service Z-BOX. The Seller reserves the right to limit the selection of the courier company used for delivery.
  3. The delivery period consists of the time required to package the Goods and the delivery time by the courier company. This period is generally up to 7 days and is calculated from the day following the date of order placement.
  4. The Customer acknowledges that the availability of Goods presented in the Online Store depends on the Seller’s inventory, and the Seller does not guarantee the availability of Goods. If the Seller is unable to deliver the Goods because they are found to be unavailable, the Seller shall inform the Customer without undue delay, and no later than 30 days after the conclusion of the contract, and shall refund the full amount received from the Customer. If any of the ordered Goods are unavailable, the Seller will suspend the processing of the Order and contact the Customer to allow them to decide on how to proceed. The Customer may then:
    a. maintain the intent to fulfill the Order with the available Goods, or
    b. withdraw from the entire Order, or
    c. modify the Order with respect to the unavailable Goods.
  5. Deliveries are generally made on working days, during business hours of the courier companies, and according to their respective logistics plans.
  6. The delivery costs may be affected by the payment method selected by the Customer. For the avoidance of doubt, the Customer is informed of the delivery costs during the final stage of Order confirmation.
  7. In all cases, the Goods shall be handed over only after full payment of the Order price. Until full payment is made, the Goods remain the property of the Seller.
  8. The Seller is not liable for delayed or failed deliveries resulting from the provision of incorrect address information by the Customer.
  9. The Customer acknowledges that the provision of Services begins immediately upon conclusion of the contract, and the Customer is required to provide explicit consent to the commencement of the provision of Services prior to the expiration of the withdrawal period, as well as a declaration that they have been duly informed of the consequences in accordance with Section 17(10) of Act No. 108/2024 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Under a Distance or Off-Premises Contract and on the Amendment and Supplementation of Certain Acts (hereinafter referred to as the “Consumer Protection Act”).
  10. Once the Order has been submitted, the Customer is not entitled to modify the selected product design or request changes unless otherwise agreed in writing between the contractual parties. Communication regarding the Service is generally carried out in writing via e-mail.
  11. The delivery period for individually customized Goods as referred to in point 9 of this Article is 30 days from the date of payment of the invoice issued by the Seller. If, for any reason on the Seller’s part, this delivery period is extended, the Seller is obliged to inform the Customer thereof without undue delay via e-mail, and the period may be extended by no more than 15 additional days.
  12. By entering into the contract, the Customer agrees that the Service, its content, and any materials provided (design proposals, visuals, and other items) may be subject to intellectual property protection and shall be used exclusively for the Customer’s own needs, for the purpose of obtaining a customized appearance of the Goods in the quantity and quality specified in the Customer’s individual Order. The Customer may not use the Service or any materials provided under it for redistribution to third parties, for commercial purposes, for direct marketing, or for collecting such materials for such purposes.

VII. Payment Methods, Order Cancellation, and Refunds

      1. The Customer may pay for the ordered Goods and Services using the following methods (once the “ORDER WITH OBLIGATION TO PAY” button is clicked, the selected payment method for that Order cannot be changed):

      2.Depending on the payment method selected by the Customer, in the case of online transfer or card payment, payment for the Goods and Services must be made in advance, which means the Goods will only be shipped after the payment is received in accordance with the payment                terms of the Stripe service.

      3.The Purchase Contract terminates in the following cases:

        4.Detailed terms and conditions for payments via Stripe are available at https://stripe.com/en-sk.
        Payment methods may not be combined within a single payment transaction.

VIII. Right of Withdrawal by the Customer as a Consumer

  1. A Buyer who qualifies as a Consumer has the right to withdraw from the purchase contract within 14 days without giving any reason. The Consumer may also withdraw only in relation to certain Goods if the Seller has delivered multiple products under the same contract.
  2. The withdrawal period expires 14 days after the day on which the Consumer or a third party designated by the Consumer, other than the carrier, acquires physical possession of the Goods.
  3. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement (e.g., by letter sent by post or by e-mail to: info@fulpio.com). A withdrawal form is available on the Seller’s website: https://fulpio.com/odstupenie_withdrawal-sk_en/ and is also provided to the Consumer together with the delivered Goods. If the Consumer exercises the right of withdrawal, confirmation of receipt of the withdrawal notification will be sent to them on a durable medium (e.g., via e-mail).
  4. To meet the withdrawal deadline, it is sufficient for the Consumer to send the notification of their intent to exercise the right of withdrawal before the withdrawal period has expired.
  5. In the event of withdrawal from the contract, the Seller shall refund all payments received, including the cost of delivery (except for any additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard method offered by the Seller), without undue delay and in any case no later than 14 days from the date of receipt of the notice of withdrawal (subject to the exceptions set forth in the Consumer Protection Act).
  6. The refund shall be made using the same payment method that was used in the original transaction, unless the Consumer has expressly agreed to a different method. In any case, the Consumer shall not incur any fees as a result of the withdrawal.
  7. The Goods must be returned or handed over without undue delay and, in any case, no later than 14 days from the date of the withdrawal notification. The deadline is met if the Goods are returned before the expiration of the 14-day period.
    Returns must be sent to the following address:
    PRODOM spol. s r.o., Vajnorská 2/E, 900 28 Ivanka pri Dunaji, Slovakia.
  8. Upon withdrawal from the contract, the Consumer shall bear the direct cost of returning the Goods. Returns may also be made via postal services.
  9. The Consumer is liable for any diminished value of the Goods resulting from handling them in a way other than what is necessary to establish their nature, characteristics, and functioning. In such a case, the Seller is entitled to compensation for damage in the amount corresponding to the cost of repairing or restoring the Goods to their original condition, or the Seller may demand reimbursement for the reduction in value, in which case the Consumer will be duly notified.
  10. If the contract provides for the provision of a Service or Digital Content before the expiry of the withdrawal period, the Consumer loses the right to withdraw once the Service has been fully performed, provided they have given express consent for the commencement of the Service or delivery of Digital Content before the withdrawal period expired and have acknowledged being informed of the consequences thereof.
  11. If the contract or a contract with digital performance concerns the supply of Goods made to the Consumer’s specifications, the Consumer shall not have the right to withdraw from the contract.
  12. Withdrawal from a contract involving Digital Performance is governed by §852m(3), (5)–(8) of the Slovak Civil Code.

IX. Claims for Defective Goods by Customers Who Are Consumers

  1. The Goods must comply with the agreed specifications (§ 616 of the Civil Code) and general requirements (§ 617 of the Civil Code). The Seller is liable for any defect in the digital content or digital service that occurs or becomes apparent during the agreed period of provision, but for at least two years from the delivery of the item with digital elements, if the subject of the purchase is such an item with digital elements to which digital content or a digital service is to be provided continuously for an agreed period. Where the digital content or digital service is to be provided as a one-time delivery, the Seller is liable for any defect that exists at the time of delivery and that becomes apparent within two years of delivery. For used items with digital elements, the Seller is liable for any defect that becomes apparent within one year of delivery. An item with digital elements shall be considered delivered at the moment the digital content or digital service is made available for download and installation, or, in the case of continuous supply, at the start of its availability to the buyer. The digital content and digital service must also meet the agreed and general requirements, regardless of whether they are provided by the Seller or by another party.
  2. The Consumer is entitled to rights under liability for defects in accordance with § 621 of the Civil Code. These rights can be exercised only if the Consumer notifies the Seller of the defect within two months of discovering it, and no later than two years from the delivery of the Goods, or within one year in the case of used Goods. Exercising rights under liability for defects does not affect the Consumer’s right to claim damages caused by the defect.
  3. The Seller is not liable for defects in an item with digital elements if such a defect was caused solely by the Customer failing to install a required update (§ 617(3) of the Civil Code), provided that:
    a) the Seller informed the Customer about the availability of the update and the consequences of not installing it, and
    b) the failure to install or the incorrect installation was not due to deficiencies in the instructions provided by the Seller.
  4. The period from the moment the claim is filed until the time the repaired item is made available for pickup is not included in the warranty period. The Seller shall issue confirmation of the date the claim was submitted, as well as confirmation of the repair and its duration. If the item is replaced, the warranty period begins anew from the date of receipt of the new item.
  5. The Consumer may file a claim by e-mail to info@fulpio.com or by written letter delivered to:
    PRODOM spol. s r.o., Vajnorská 2/E, 900 28 Ivanka pri Dunaji, Slovakia
  6. The Seller may request the Consumer to prove that they are a party to the contract or a person authorized to use the services on behalf of the contracting party. This is usually demonstrated by an invoice or a tax receipt for the purchase of the Goods or Services.
  7. The Seller shall issue the Consumer a written confirmation of the defect claim, including a description of the defect and the timeframe within which it will be remedied. The Seller shall provide written confirmation of the outcome of the claim no later than 30 days from the date the claim was submitted. Written form is preserved if the legal act is made via telegraph, telex, or electronic means that allow for the content of the act and the identity of the party to be recorded.
  8. The Seller is obliged to remedy the defect within a reasonable period. A reasonable period means the shortest possible time required by the Seller to assess the defect and carry out a repair or replacement, taking into account the nature of the item and the severity of the defect. This period must not exceed 30 days from the date the defect was reported, unless an objectively justified reason exists that the Seller cannot influence.
  9. A claim is considered resolved when the repair is completed, the item is replaced, the purchase price is refunded, an appropriate discount is provided, or the claim is rejected with a written justification.
  10. If a Consumer files a claim, the Seller must inform them of their rights under §§ 623 and 624 of the Civil Code. Based on the Consumer’s decision regarding which right they wish to exercise, the Seller is obliged to determine the method of handling the claim.
  11. The Consumer has the right to choose whether the defect should be remedied by repairing or replacing the item. However, the Consumer cannot choose a method that is impossible or would cause the Seller disproportionate costs, considering all relevant circumstances, including the value the item would have had without the defect, the significance of the defect, and whether the alternative remedy would cause the Consumer significant inconvenience. The Seller may refuse to remedy the defect if repair or replacement is impossible or would result in disproportionate costs. The repaired or replaced item will be delivered to the Consumer at the Seller’s expense using the same or a comparable delivery method, unless otherwise agreed. If the Consumer fails to collect the item within six months of the agreed collection date, the Seller may sell the item. If the item is of higher value, the Seller must notify the Consumer in advance of the intended sale and provide a reasonable additional period for collection. In such a case, the Seller shall promptly remit the proceeds from the sale to the Consumer, minus the reasonable costs of storage and sale, provided the Consumer claims their share within the deadline specified in the notification of the intended sale.
  12. The Consumer has the right to an appropriate discount or may withdraw from the purchase contract without providing an additional grace period if:
    a) the Seller has not repaired or replaced the item,
    b) the Seller failed to act in accordance with § 623(4) and (6) of the Civil Code,
    c) the Seller refused to remedy the defect under § 623(2) of the Civil Code,
    d) the item still has the same defect after a previous repair or replacement,
    e) the defect is of such serious nature that it justifies an immediate discount or withdrawal from the contract, or
    f) the Seller has stated, or it is otherwise evident, that the defect will not be remedied within a reasonable time or without significant inconvenience for the Consumer. When assessing the Consumer’s right to a discount or contract termination under (d) and (e), all circumstances shall be taken into account, especially the nature and value of the item, the nature and severity of the defect, and whether it is reasonable to expect the Consumer to trust the Seller to remedy the defect.
  13. The Consumer may not withdraw from the purchase contract if they contributed to the defect or if the defect is minor. If the contract involves the purchase of multiple items, the Consumer may withdraw only with respect to the defective item. Withdrawal from the entire contract in relation to the other items is possible only if it would be unreasonable to expect the Consumer to keep them without the defective item.
  14. Upon withdrawal from the contract, the Seller shall refund the purchase price no later than 14 days from the date the item is returned or from the date proof is provided that the item was sent to the Seller, whichever occurs first. The refund or discount shall be provided in the same manner used by the Consumer when paying, unless expressly agreed otherwise. All costs related to the refund are borne by the Seller.
  15. If the Consumer proves the Seller’s liability for a defect through an expert opinion issued by an accredited, authorized, or notified body, they may raise the defect again and the Seller cannot deny liability. Costs of obtaining the expert opinion are governed by § 509(2) of the Civil Code.
  16. The Seller shall inform the Consumer about the progress and outcome of the complaint procedure via e-mail (sent to the e-mail address specified in the complaint), or via other electronic means that allow the content of the legal act and the identity of the person performing the act to be recorded (e.g., SMS message).

X. Claims Concerning Digital Performance

  1. Digital performance must comply with the agreed requirements (§ 852e of the Civil Code) and with the general statutory requirements (§ 852f of the Civil Code).
  2. The Seller is liable for any defect present in the digital performance at the time of its delivery that becomes apparent within two years of delivery, if the digital performance is delivered as a one-time supply or as a series of individual performances.
  3. The Seller is liable for a defect resulting from improper integration of the digital performance with the Buyer’s digital environment, or from incorporation of the digital performance into components of the Buyer’s digital environment (“integration”), if:
    a) the integration was carried out by the Seller or under the Seller’s responsibility, or
    b) the integration, which was to be carried out by the Consumer, was done incorrectly due to deficiencies in the integration instructions provided by the Seller.
  4. The Seller is not liable for a defect in the digital performance caused solely by the failure to install an update under § 852f(4) of the Civil Code, provided that the Consumer failed to install the update within a reasonable time after it was made available and:
    a) the Seller informed the Consumer of the availability of the update and the consequences of failing to install it, and
    b) the failure to install or improper installation was not caused by deficiencies in the installation instructions provided by the Seller.
  5. The Consumer may assert rights under liability for defects in digital performance without having to formally notify the Seller of the defect.
  6. The assertion of rights under liability for defects does not exclude the Consumer’s right to claim damages resulting from the defect.
  7. If the Seller is liable for a defect in the digital performance, the Consumer has the right to have the defect remedied (§ 852k), the right to an appropriate price reduction (§ 852l), or the right to withdraw from the contract (§ 852l).
  8. The Seller shall remedy the defect in the digital performance within a reasonable period (as referenced in Article IX, point 8 of these Terms and Conditions) after the Consumer raises the defect, free of charge and without causing significant inconvenience to the Consumer, considering the nature and purpose of the digital performance. The Seller may refuse to remedy the defect if it is impossible or would result in disproportionate costs in view of all the circumstances, particularly the value of the digital performance without the defect and the seriousness of the defect.
  9. The Consumer has the right to a proportionate price reduction if the digital performance is supplied in exchange for payment, or may withdraw from the contract without having to grant an additional remedy period (as referenced in Article IX, point 8), if:
    a) remedying the defect is impossible or would incur disproportionate costs for the Seller,
    b) the Seller has not remedied the defect as required under the first sentence of point 8,
    c) the digital performance continues to have the same defect despite the Seller’s attempt to fix it,
    d) the defect is of such severity that it justifies the Consumer’s immediate right to a price reduction or withdrawal from the contract, or
    e) the Seller has declared, or it is otherwise evident, that the defect will not be remedied within a reasonable period or without causing significant inconvenience to the Consumer.
  10. The price reduction must be proportionate to the difference between the value of the defective digital performance and the value it would have had without the defect. If the digital performance is supplied continuously over a defined period, the Consumer is entitled to a price reduction only for the time during which the digital performance did not meet legal requirements.
  11. The Seller shall pay the price reduction or refund all received payments in the event of contract withdrawal within 14 days of the Consumer exercising the right to a price reduction or submitting notice of withdrawal, using the same method of payment the Consumer used unless expressly agreed otherwise. The Seller shall bear all costs related to the refund.
  12. If the digital performance is supplied in exchange for payment, the Consumer may not withdraw from the contract if the defect is minor. The burden of proof that the defect is minor lies with the Seller.
  13. The Consumer is not required to pay for the period during which the digital performance did not meet legal requirements prior to the withdrawal. If continuous delivery of digital performance was agreed for a fixed period, the Seller shall refund a proportionate part of the paid price for the time the digital performance failed to meet the requirements, as well as any portion of the price prepaid for the period after the withdrawal.
  14. After withdrawal from the contract, the Consumer must refrain from further use of the digital performance and from making it available to third parties. If the digital performance was supplied on a tangible medium, the Consumer is obliged, upon request by the Seller within 14 days of the notice of withdrawal, to return the medium without undue delay.
  15. After withdrawal, the Seller may prevent further use of the digital performance by the Consumer, in particular by restricting access to the digital performance or terminating the user account. However, the Consumer has the right to request the return of all content they provided or created during use of the digital performance, except for content that:
    a) cannot be used independently of the Seller’s digital performance,
    b) relates solely to the Consumer’s activities during the use of the Seller’s digital performance,
    c) has been combined by the Seller with other content that cannot be separated or cannot be separated without disproportionate effort, or
    d) was created jointly with other Consumers who are entitled to continue using the content.
  16. The Seller shall provide the content within a reasonable period, free of charge, in a commonly used, machine-readable format, and without causing significant inconvenience to the Consumer.
  17. A complaint regarding digital performance is considered resolved when the defect has been remedied, an appropriate price reduction has been granted, the purchase price has been refunded, or the claim has been rejected with written justification.

X. Claims Concerning Goods by Customers Who Are Not Consumers and Warranty

  1. Customers who are not Consumers have the right to assert claims under the warranty for physical defects in the sold Goods in accordance with Act No. 513/1991 Coll., the Commercial Code. For the avoidance of doubt, for the purposes of this Article of the General Terms and Conditions, a “Customer” and/or “Buyer” shall mean any customer and/or buyer other than a Consumer.
  2. Notwithstanding the provisions of this Article and Article IX, the Goods offered may be covered by a distributor’s or manufacturer’s warranty. The Seller does not provide a separate warranty. Any such warranty does not exclude, limit, or suspend the rights arising from statutory liability for defects.
  3. The Seller is liable for ensuring that the Goods are free from defects at the time of receipt. This means, in particular, that the Goods:
    • possess the qualities agreed between the Buyer and the Seller, those stated in the product description, or those that the Buyer could reasonably expect given the nature of the Goods,
    • are of the appropriate quantity, size, or weight,
    • are fit for the purpose stated in the product description or for their usual purpose,
    • are considered defective if the Seller delivers Goods other than those agreed upon, and
    • are free from legal defects, i.e., no third party has ownership rights over the Goods and the Goods are supplied with all documents and paperwork necessary for their proper use.
  4. Differences in color shades between the actual product and its display on electronic devices do not constitute a defect.
  5. The Buyer’s rights relating to defects in Goods are governed by §§ 422 to 428 of the Commercial Code.
  6. The Seller is liable only for defects that existed at the time when the risk of damage to the Goods passed to the Buyer, even if the defect becomes apparent later.
  7. The Buyer is obliged to inspect the Goods as soon as possible after the risk of damage has passed, taking into account the nature of the Goods. If the Buyer fails to inspect the Goods or arrange for inspection at the time the risk passed, they may assert claims for defects identifiable at such inspection only if they prove that the defect already existed at the time the risk passed.
  8. If delivery of defective Goods constitutes a material breach of contract, the Buyer may:
    a) demand the delivery of substitute Goods for defective ones, delivery of missing Goods, or the removal of legal defects,
    b) demand the repair of the defective Goods, if repair is possible,
    c) demand a reasonable reduction in the purchase price, or
    d) withdraw from the contract.
  9. If delivery of defective Goods constitutes a non-material breach of contract, the Buyer may demand either the delivery of missing Goods and the remedy of other defects or a reduction in the purchase price.
  10. The Buyer must inform the Seller of the chosen method of remedy when reporting the defect; otherwise, the Seller shall decide how to proceed. The choice may be changed only by mutual agreement.
  11. If the Buyer considers the defect to be a material breach, they must provide evidence to the Seller. The Buyer acknowledges that until they assert their right to a price reduction or withdraw from the contract, the Seller is entitled to deliver missing Goods or correct legal defects (particularly missing documentation).
  12. The Buyer may not demand replacement or withdraw from the contract if they cannot return the Goods in the condition in which they received them, unless:
    1. the condition changed due to inspection for defect identification;
    2. the Goods were used before the defect was discovered;
    3. the inability to return the Goods in their original condition was not caused by the Buyer’s actions or omissions; or
    4. the Buyer sold the Goods, altered them during ordinary use, or only part of the Goods can be returned; in such case, the Buyer shall return what remains and compensate the Seller to the extent they benefited from the use of the Goods.
  13. The Buyer shall not have rights under liability for defects if they knew about the defect before taking delivery or caused the defect themselves. Claims do not apply to:
    1. wear and tear resulting from normal use;
    2. defects in used Goods corresponding to the level of wear or use at the time of receipt;
    3. Goods sold at a reduced price—only regarding defects for which the price reduction was agreed; or
    4. situations arising from the nature of the Goods.
  14. The Buyer must assert the claim with the Seller without undue delay after discovering the defect by sending an e-mail to info@fulpio.com or by written notice to:
    PRODOM spol. s r.o., Vajnorská 2/E, 900 28 Ivanka pri Dunaji, Slovakia
  15. The Buyer shall deliver the claimed Goods to the Seller at their own expense to the following address:
    PRODOM spol. s r.o., Vajnorská 2/E, 900 28 Ivanka pri Dunaji, Slovakia
  16. The Buyer shall enclose proof of purchase or a tax document (invoice, if issued), or another document proving the purchase of the Goods.
  17. The moment a defect claim is made shall be deemed the moment the claimed Goods are delivered to the Seller.
  18. The Seller shall inform the Buyer of the progress and outcome of the complaint procedure via e-mail (to the e-mail address specified in the complaint), or via other electronic means that allow for the content and identity of the legal act to be recorded (e.g., SMS message).
  19. The period for handling the claim under this Article is 30 days.
  20. The provisions of this Article of the General Terms and Conditions shall also apply to services provided to Customers who are not Consumers.

XI. Registration – Account Creation

  1.  Registration is completed by filling out a one-time form available under the “My Account” tab on the Seller’s website.
  2. Registration requires the provision of the following:
    a. a username,
    b. an e-mail address,
    c. a password (and password confirmation),
    d. confirmation of having read and accepted these Terms and Conditions, and where applicable, express consent to the commencement of service provision before the withdrawal period expires.
  3. After clicking “Register,” the Customer will receive an e-mail message at the address provided during registration confirming the creation of the account and containing further instructions to complete the registration process.
  4. To activate the created account, the Customer must follow the instructions in the e-mail. Until then, the account will remain inactive.
  5. The Customer may request deletion of their account at any time by contacting the Seller via e-mail at info@fulpio.com.
  6. The Customer is obliged to keep their login credentials (username and password) confidential.
  7. The Customer may provide their e-mail address to subscribe to the newsletter without creating a user account.
  8. The Seller may delete a Customer account if:
    a. the Customer violates these Terms and Conditions,
    b. false information is provided during registration,
    c. false information is provided when placing an order,
    d. false information is provided during payment processing via Stripe.
  9. The following shall be deemed as provision of false address information (residential, registered office, or delivery address):
    1. one failed delivery attempt with return of the parcel marked “unknown recipient,” “recipient not present,” or any equivalent note,
    2. two failed delivery attempts with return of the parcel bearing any other note than those listed above,
    3. In the event of account deletion, all associated orders shall be immediately canceled; however, this does not exclude the Seller’s right to claim compensation from the Customer.

XII. Newsletter

  1. Any interested party may subscribe to the newsletter of the online store.
  2. The newsletter is delivered to the e-mail address provided by the subscriber, provided the subscriber has voluntarily agreed to the processing of their personal data and to receiving e-mail communication from the Seller.
  3. The Customer may unsubscribe from the newsletter at any time (by clicking the appropriate link in the correspondence or by contacting the Seller directly).

XIII. Intellectual Property Rights

  1. A Customer who acquires ownership of Goods under a contract does not acquire any intellectual property rights embedded in or related to such Goods (e.g., trademarks, trade names, patents), unless otherwise expressly agreed in an individual contract.
  2. If the subject of the contract is a Service consisting of the creation of a product design according to the Customer’s instructions, the Customer acknowledges that the final product and its visual design may contain protected information and materials owned or held by the Seller, which are protected under applicable intellectual property laws and other legal regulations, including but not limited to, industrial property laws. The Customer agrees to use such protected information and materials solely for the purpose of using the Service in accordance with these Terms and Conditions. The Customer further agrees not to copy, reproduce, modify, lend, lease, license, distribute, download, or create derivative works based on such materials, nor use the Service in any unauthorized manner, including the commercial use or resale of the design to third parties. Any use beyond the permitted scope requires prior written consent from the Seller.
  3. When using the Service, the Customer provides the visual template of the desired product appearance. The Customer is obliged to ensure that by submitting materials or instructions for the creation of the product, they do not infringe the rights of third parties, in particular but not limited to intellectual and/or industrial property rights. If the Customer’s submitted materials or instructions result in a violation of such rights, the Seller is entitled to a contractual penalty of €1000 for each such violation. This does not affect the Seller’s right to claim compensation for damages caused by the breach of these Terms and Conditions.
  4. If the Service is used in violation of these Terms and Conditions or other contractual documents—including misuse of the Service or breach of contractual obligations by the Customer—the Seller reserves the right to suspend the provision of the Service. By such conduct, the Customer waives any financial, in-kind, or other compensation for unused Services during the suspension period.

XIV. Final Provisions

  1. The Customer undertakes to use the online store in compliance with the applicable laws of the Slovak Republic, these Terms and Conditions, and shall not transmit or distribute any content prohibited by applicable laws.
  2. The online store and all services provided on the Seller’s website are intended only for persons of legal age.
  3. If any provision of these Terms and Conditions becomes invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The Parties agree to replace any invalid or unenforceable provision with a new provision that reflects, to the greatest extent possible, the original intent. This is without prejudice to the Seller’s right to amend these Terms and Conditions under paragraph 13 of this Article.
  4. These Terms and Conditions apply unless otherwise expressly agreed in writing between the Parties or unless otherwise provided by applicable law. In the event of a conflict, individually agreed terms shall take precedence over these Terms and Conditions. These Terms and Conditions also apply even if the Buyer includes different terms in their order, unless such terms are expressly accepted in writing by the Seller.
  5. The contract may only be amended or supplemented by written agreement of both Parties.
  6. The Buyer may not assign or transfer the contract, or any part thereof or individual rights and obligations under the contract, to a third party without the prior written consent of the Seller.
  7. The Buyer has the right to out-of-court resolution of disputes and may submit a proposal for alternative dispute resolution to the competent authority:
  8. The supervisory authority for the Seller is:
    Inšpektorát SOI pre Bratislavský kraj, Bajkalská 21/A, P. O. BOX č. 5, 820 07 Bratislava, odbor výkonu dohľadu, ba@soi.sk
  9. The Seller reserves the right to unilaterally amend or supplement these Terms and Conditions at any time. The updated version shall replace the previous version and shall become valid and effective on the date of its publication on the Seller’s website.
  10. By clicking the “Order with Obligation to Pay” button before submitting the order, the Buyer confirms that they have read, fully understood, and agreed to these General Terms and Conditions.

 

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