The company TMM SLOVAKIA s.r.o. with registered office at J. Kráľa 15, Bojnice 972 01, IČO: 36684279, DIČ: 2022258282, VAT ID: SK2022258282, registered in the Commercial Register kept by the District Court Trenčín, section: Sro, insert No.: 17120/R, email: info@littlefruitcompany.com (hereinafter referred to as “TMM”) as the operator of the e-shop littlefruitcompany.com (hereinafter referred to as the “Seller”) hereby publishes its terms and conditions (hereinafter referred to as “TC”) which apply to the purchase of goods offered by the Seller in its online store on the website littlefruitcompany.com (hereinafter referred to as the “Website”).

1. General provisions

By placing an order, the Buyer accepts these TC of the Seller to regulate the mutual rights and obligations of the parties in the relationship arising from the sale of Goods by the Seller. The relationship between the buyer and the Seller is governed by these TC, which are binding on both parties, unless expressly stated otherwise in the concluded contract. The TC define the rights and obligations of the Seller and its customers (buyers) and, in their current wording, constitute the content of the purchase contract (for the delivery of goods) or are an integral part of it. Rights and obligations not expressly regulated by these TC shall be governed by the provisions of the relevant legal regulations, in particular the Civil Code in force.

2. Order of goods, subject of the contract and its conclusion

2.1 All orders placed through the Website littlefruitcompany.com are considered binding. By placing an order, the Buyer confirms that they have read these general terms and conditions and agrees to them. Information on the individual technical steps leading to the conclusion of a purchase contract (hereinafter also “Contract”) are apparent from the ordering process in our online store and the Buyer has the opportunity to review and, if necessary, correct it before submitting the order. After placing the required goods in the so-called cart and entering all contact details, the Buyer submits/confirms the order. The Seller shall immediately, upon receipt of the order, confirm to the Buyer the acceptance of the order for the dispatch of goods to the address provided by the Buyer, by electronic mail, to the e-mail address of the Buyer provided in the user interface or in the order. The confirmation of the order by the Seller constitutes the conclusion of the Contract. From this moment, mutual rights and obligations arise between the Buyer and the Seller. The subject of the purchase/sale under the Contract is only the items of the Goods expressly stated in the order/Contract, unless otherwise agreed between the Buyer and the Seller.

2.2 The condition for the validity of an electronic order is the completion of all forms, prescribed data, and requirements.

2.3 Ownership of the goods passes to the Buyer upon payment of the purchase price, upon its receipt.

2.4 The purchase of Goods through the Website is offered by the Seller within its retail business and is not intended for the sale of Goods for the purpose of further resale in the Buyer’s business activities. If the Buyer wishes to purchase goods for the purpose of conducting their business and economic activity, they are obliged to notify the Seller of this within the execution of the order and fulfill the specified obligations leading to the conclusion of the Contract, which may not be concluded through the Website, at the Seller’s choice.

2.5 The Seller is not responsible for the Buyer not receiving the relevant electronic communication, or the ordered Goods, if delivery was made to addresses shared by the Buyer, but to which a third party (only/as well) has the right to receive, accept, refuse, etc. The Seller is neither able nor entitled to ascertain and verify the correctness of the data provided by the Buyer when ordering the Goods. The Buyer is responsible for the accuracy and completeness of the data provided and bears all risks associated with the data entered when ordering the Goods.

2.6 The Supplier does not guarantee the immediate availability of all items of goods. The availability of goods will always be confirmed based on demand. The Buyer acknowledges that with regard to the realization of purchases through the Website and the updating of relevant data on the Website, it may happen that the Goods ordered by the Buyer are already sold out (even though they are still listed as available on the Website). In this case, the Seller will inform the Buyer of this fact without delay after discovering it. If the parties do not agree otherwise within two working days (on extending the order deadline or any other change in the order), the Contract shall terminate, and neither party is entitled to claim any compensation from the other party, etc.

2.7 By concluding the Contract, the Seller undertakes to deliver undamaged goods to the Buyer in accordance with the specification or properties usual for the given type of Goods:

• -according to the specification in the placed order/Contract,
• -compliant with all standards, regulations, and decrees valid in the territory of the Slovak Republic.

3. Place of delivery of goods

3.1 The place of delivery of the goods is the address provided by the Buyer in the order form/contract. The Seller delivers to all delivery addresses in the Slovak Republic. Ownership of the Goods passes to the Buyer upon delivery of the Goods to the address specified by the Buyer (regardless of where the Goods were received).

3.2 The contact point for the e-shop is the customer center of the Seller at the address:

TMM SLOVAKIA s.r.o.
J. Kráľa 15
Bojnice 972 01
Slovakia

3.3 If the Buyer orders Goods for a third party (contract for the benefit of a third party), the third party acquires the right to the Goods upon its receipt (and becomes its Buyer with all rights and obligations). If the third party refuses the Goods, the rights to the Goods are acquired by the Buyer, and the Contract continues to be valid between the Buyer and the Seller. If the Buyer sells the goods to a third party, the third party does not acquire any rights against the Seller.

3.4 The Buyer is obliged to thoroughly inspect and review the Goods upon receipt. If the Buyer notices any damage to the Goods or any other discrepancy with the order, they are obliged to notify the Seller of this fact without undue delay in order to claim damages for the Goods (complaint).

4. Price of goods

4.1 The purchase prices of the Goods listed on the Website are valid at the time of ordering the Goods/conclusion of the Contract. The Seller reserves the right to change prices before the conclusion of the Contract (in case of a printing error, the Goods are sold at the flawless price, if it was an obvious error, and in case of a non-obvious but demonstrable printing error, the Contract is not concluded), in the event of changes in exchange rates, significant inflation, or significant changes in the supplier conditions of manufacturers and other suppliers of the Goods, at any time before the conclusion of the Contract – the final confirmation of the order.

4.2 The purchase price is considered paid by selecting the method of payment by crediting the entire purchase price for the Goods to the Seller’s account or by payment in cash to the carrier in the case of cash on delivery payment method.

4.3 The purchase price stated on the Website within the order and the concluded Contract is the final price for the purchase of the Goods, including all taxes, fees, etc., unless expressly stated otherwise on the Website within the order/Contract.

4.4 The Seller is not obliged, but entitled, to provide the Buyer with an invoice or other document relating to the price (and its payment). The order/Contract serves as proof of the amount of the price and obligations to pay it agreed between the Seller and the Buyer.

4.5 The Buyer is obliged to pay the purchase price by the method chosen by them, including the price for the delivery method chosen by them.

5. Delivery conditions and delivery price

5.1 When delivering a shipment by courier, the Buyer is obliged to check the shipment for any damage – its possible damage. When delivering by courier, the Buyer must draw up a complaint protocol on the spot about the damaged/broken packaging of the shipment. If the shipment is damaged and after checking the contents of the shipment it is found that the content of the shipment does not correspond to the invoice/order or its content is damaged, the Buyer is obliged to record this fact in the presence of the courier in the damage report. If the damage report is not completed, additional complaints will not be accepted. The Buyer is obliged to keep the packaging material of the shipment until the investigation of the causes of the damage is completed.

5.2 The Buyer is obliged to unpack the shipment completely and check immediately upon receipt whether it is not mechanically damaged and whether the content of the packaging corresponds to the invoiced goods. If the content of the shipment does not correspond to the invoiced goods or if the goods are mechanically damaged (but without signs of damage to the shipment itself, to which point 5.2 applies), the Buyer must immediately notify the Seller of this fact. The Buyer is obliged to keep the packaging material of the shipment until the investigation of the causes of the damage is completed.

5.3 The Buyer will receive an invoice by email or directly with the goods for each shipment. Where a warranty card is required, it will be included in the package.

5.4 The Buyer is informed about the dispatch of the goods before its delivery. The Buyer is obliged to ensure smooth acceptance of the goods, especially by being available at the telephone number designated for delivery or present at the delivery address on the days of planned delivery. If this obligation cannot be fulfilled, the Buyer is obliged to inform the supplier, agree with them on an alternative delivery date, or designate an alternative person who will fulfill the obligation to accept the goods on behalf of the original recipient of the shipment.

5.5 The Buyer acquires ownership of the goods only upon full payment of the entire purchase price for the goods.

5.6 The prices for shipping the shipment, the method, and the speed of delivery are described on the page: see the bottom of the website.

6. Method of payment

6.1 The Buyer is obliged to pay the price for the Goods, i.e., the Purchase price, the price for the delivery of the Goods, if applicable, the price for the method of payment chosen by them, or other agreed prices by one of the methods enabled by the Seller, i.e.,

• -cash on delivery – i.e., in cash upon receipt of the shipment,
• -by bank transfer,

7. Withdrawal from the contract

7.1 The buyer is entitled to withdraw from the purchase contract within 14 calendar days of receiving the goods under these general terms and conditions without giving a reason, in accordance with § 7 para. 1 of Act No. 102/2014 Coll. on consumer protection in the sale of goods under a distance contract, as amended. The purchased goods can be returned under the following conditions: the goods are unused, unworn, clean, and undamaged, with attached tags and in the original packaging. Goods sold as a set must be returned together. The packaging of the products must remain originally sealed. If the product has been used, withdrawal from the contract and return of the product is not possible.

7.2 The buyer must withdraw from the contract by sending an email request for withdrawal to info@littlefruitcompany.com or in writing to the seller’s address or through the electronic form available on the e-shop in the ‘Contact’ section. The withdrawal from the purchase contract must contain the identification of the buyer, the number and date of the order and invoice, a precise specification of the goods, and to expedite the processing of the request, it is recommended to also provide your bank account number. Along with the withdrawal from the purchase contract, the buyer is obliged to deliver the goods complete with accessories, including documentation, instructions, and warranty certificate, by sending or bringing them to the seller’s address. The seller does not accept cash on delivery shipments.

7.3 The buyer may withdraw from the contract for the delivery of goods even before the expiration of the withdrawal period from the contract. The withdrawal period is preserved if the buyer sends a notice of exercising the right to withdraw from the contract before the withdrawal period expires.

7.4 By withdrawing from the contract, the contract is canceled from the beginning. The seller is obliged to take back the goods and refund the payment to the buyer without undue delay, no later than within 14 days from the date of withdrawal from the contract, all payments that the buyer demonstrably made in connection with the conclusion of the contract. However, the seller is not obliged to reimburse the buyer for additional costs if the buyer chose a different method of delivery than the cheapest standard method of delivery offered by the seller. Payment will be made by bank transfer to the buyer’s account if the buyer did not specify another method of payment in the contract withdrawal form, without charging any additional fees.

7.5 If the buyer withdraws from the contract in accordance with section 7.2 of these general terms and conditions and delivers to the seller goods that are used, damaged, incomplete, or if the value of the goods is diminished due to such handling of the goods that exceeds the handling necessary to determine the characteristics and functionality of the goods, the seller is entitled to compensation from the buyer in accordance with § 10 para. 4 of Act No. 102/2014 Coll., as amended, in the amount of the value of repairing the goods and restoring the goods to their original condition.

7.6 The buyer bears the direct costs of returning the goods, which due to their nature cannot be returned through the Packeta service.

7.7 The buyer cannot withdraw from the contract without stating a reason, if the subject of the contract is:

• – the sale of goods sealed in protective packaging that are not suitable for return due to health protection or hygiene reasons, and whose protective packaging has been damaged after delivery,
• – the sale of goods made to the buyer’s specifications, custom-made goods, or goods specifically intended for one buyer.

7.8 When providing electronic content other than on a tangible medium, the buyer acknowledges and agrees that from the moment the electronic content is sent to the email or via SMS message to the telephone contact provided in the order, the right to withdraw from the contract is forfeited, and agrees to receive this content before the expiration of this period.

7.9 By sending the order to the seller, the buyer confirms that the seller has timely and properly fulfilled its information obligations under § 3 para. 1 of Act No. 102/2014 Coll. on consumer protection in the sale of goods under a distance contract.

7.10 The buyer acknowledges that if gifts are provided with the goods, a gift agreement between the seller and the buyer is concluded on the condition that if the right to withdraw from the contract is exercised, the gift agreement becomes void, and the buyer is obliged to return the gifts provided together with the returned goods. A gift also includes goods supplied at a symbolic value if their delivery to the buyer is presented as a gift for the goods that the buyer returns within 14 days without giving a reason. If these gifts are not returned together with the returned goods, these values will be considered as unjust enrichment of the buyer.

8. Warranty period and complaints

8.1 The warranty period for new goods is in accordance with § 620 of the Civil Code, 24 months. The 24-month warranty period also applies to unpacked goods.

8.2 The warranty period for used goods is in accordance with § 620 of the Civil Code, 12 months.

8.3 In the case of used goods, in addition to the statutory warranty, we also provide a contractual warranty ranging from 1 to 24 months, which is specified separately for each item sold. During the contractual warranty period, the buyer has the same rights when claiming a complaint as when claiming a warranty for new goods. If used goods are claimed during the contractual warranty period, the complaint will be processed as a priority, and if the complaint is accepted by the service center, we offer, to the best of our ability, an exchange of the device for a functional unit of the same quality to shorten the processing time of the complaint.

8.4 The procedure for submitting a complaint can be requested and communicated via email to info@littlefruitcompany.com.

9. Personal data protection

9.1 The company TMM SLOVAKIA s.r.o. as the operator processes personal data of buyers in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and in accordance with Act No. 18/2018 Coll. on the protection of personal data and on amendments to certain laws. Information on the protection of personal data is contained in the section Personal Data Processing available on the website: see the bottom of the website.

9.2 In the case of providing services, the Seller provides services addressed to persons who have reached the age of 16. In accordance with the General Data Protection Regulation, the Buyer provides personal data to the Seller for the purpose of creating a valid order, concluding a purchase contract with the Seller, fulfilling and subsequently confirming the conditions of the purchase contract, processing an electronic order, executing delivery, settling

payments, and necessary communication between the Contracting Parties. The Seller will provide the Buyer’s data to the following recipients: courier company, court, law enforcement authorities, Slovak Trade Inspection, trade license office, Expert Institute and experts, and other entities to which the operator provides personal data ex lege, hosting company providing external data storage. The Seller handles the Buyer’s personal data in accordance with the provisions of the regulation. The Buyer is obliged to provide their personal data correctly and truthfully and to inform the Seller without undue delay of any changes. If the Buyer does not provide personal data to the Seller, it is not possible to conclude a contractual relationship. The Seller will process and archive personal data of the Buyer in accordance with special regulations for a period of 10 years from the end of the contractual relationship (10 years following the year to which they relate). The Buyer, whose personal data is processed by the Seller, has the right to request access to personal data concerning him or her from the Seller, as well as the right to rectify, erase, or restrict the processing of this data. The Buyer has the right to data portability if technically feasible. If the Buyer’s requests as a data subject are manifestly unfounded or excessive, in particular because of their repetitive nature, the Seller may request a reasonable fee taking into account the administrative costs of providing information or refuse to act on the request. If the Buyer believes that the processing of personal data concerning him or her is in breach of the General Data Protection Regulation, he or she has the right to lodge a complaint with the supervisory authority, which is understood to be the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava. Any questions regarding the protection of personal data can be addressed by the Buyer to the responsible person of the Seller via the email address info@littlefruitcompany.com.

10. Alternative dispute resolution

10.1 The Buyer – consumer – has the right to address the Seller with a request for rectification (by email to info@littlefruitcompany.com) if he or she is not satisfied with the way the Seller handled his or her complaint or if he or she believes that the Seller has violated his or her rights. If the Seller responds to this request negatively or does not respond to it within 30 days of its submission, the Buyer has the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as “ADR entity”), in accordance with Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendments and supplements to certain laws (hereinafter referred to as the “ADR Act”). ADR entities are authorities and authorized legal entities under § 3 of the ADR Act. The proposal can be submitted by the consumer in the manner determined by § 12 of the ADR Act. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk.

10.2 The Buyer may also lodge a complaint via the Online Dispute Resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.

10.3 Alternative dispute resolution can only be used by the Buyer – consumer – a natural person who, when concluding and performing a consumer contract, does not act within the scope of his or her business, employment, or profession. Alternative dispute resolution applies only to disputes between the consumer and the Seller arising from or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. An ADR entity may request payment of a fee for initiating alternative dispute resolution from the consumer up to a maximum of EUR 5 including VAT.

11. Final provisions

11.1 These GT&C apply as stated on the Seller’s website on the day the Order is confirmed unless otherwise agreed in writing between the parties. If an order is placed after the day on which the GT&C have changed, the current GT&C apply.

11.2 If, for any reason (error, etc.), the provisions of these GT&C deviate from the statutory provisions for the protection of buyers – consumers, they shall not be taken into account. This also applies if the buyer waives the right granted to him by law.

11.3 The Seller is entitled to change these GT&C at its discretion, with the change of the GT&C always being published on the Website, or the current version of the GT&C will always be indicated on the Website.