1. Introductory Provisions
1.1. Heureka
1.1.1. Heureka is a comparison and shopping gallery enabling Users to compare the Offers of selected Goods offered by Merchants according to price or other parameters. Heureka through the Heureka Marketplace also allows Users to process Orders and send them to Merchants.
1.2. Scope of the Terms
1.2.1. These Terms govern the basic terms and conditions of use of Heureka by Users and Merchants, and certain other rights and obligations between the User, the Operator and the Merchant. For the avoidance of doubt, these Terms do not constitute a contract of sale between the Merchant and the User, and acceptance of these Terms does not constitute the execution of a contract of sale, although the Terms may contain certain provisions forming part of such a Purchase contract.
1.2.2. In addition to these Terms, the following special terms and conditions shall also apply to the relationship between the Operator and the User and/or the Merchant:
- General Terms and Conditions;
- Terms and Conditions for Heureka Marketplace;
- Terms and Conditions for the use of the Adyen payment system;
- Sorting of the Offers
- Personal data protection on the portals of Heureka Group a.s.
- Mediation Rules
- Sustainable e-shop terms
(hereinafter referred to as "Special Terms").
1.2.3. The Terms and the Special Terms form a whole. In the event of a conflict between the Special Terms and these Terms, the provisions of the Special Terms shall prevail, including the interpretation of the terms set out below.
1.3. Interpretation of terms
1.3.1. Administration Interface - the interface through which the Merchant can communicate with the Operator and make settings;
1.3.2. E-shop - an online shop, operated by the Merchant under its own domain, linked to the Heureka website via XML code; E-shop also means an online marketplace operated by the Merchant, which allows Users to conclude purchase contracts remotely with persons other than the Merchant;
1.3.3. Guarantee - the guarantee of the Operator's refund of the purchase price, regulated in Article 4 of the Marketplace Terms;
1.3.4. Heureka Group - refers to the Operator and the companies in its group, in particular parent, subsidiary, sister or grandchild companies, etc.;
1.3.5. Heureka Marketplace - a service allowing the User to send a proposal for concluding a Purchase Agreement to one or more Merchants directly via the interface of Heureka without the need to access the E-shop(s)' website, regulated in detail in the Marketplace Terms;
1.3.6. Chatbot - is an AI automated solution that Users and Merchants can use to solve selected queries and problems when using the Portal.
1.3.7. Purchase Contract - a purchase contract concluded through the Heureka Marketplace between a User and a Merchant;
1.3.8. Offer - an offer of individual Goods offered by the Merchant on the Merchant's E-shop, placed on the Portal; the Offer is not a proposal to conclude a purchase contract;
1.3.9. Merchant - the operator of the E-shop registered on the Portal, issuing Offers; Merchant also means the operator of the online marketplace, registered on the Portal, issuing Offers of goods and services of third parties on the Portal, to whom it allows concluding purchase contracts with Users through the online marketplace operated by them on their own account and responsibility. A Merchant within the meaning of these Terms is always an entrepreneur;
1.3.10. Terms and Conditions - General Terms and Conditions available online at https://heureka.group/sk-en/terms-and-conditions/general-terms-and-conditions/;
1.3.11. Civil Code - Act No. 89/2012 Coll., the Civil Code;
1.3.12. Order - a response to an Offer, i.e. a proposal to enter into a Purchase Contract sent to the Merchant by the User via the Heureka Marketplace, the subject of which is the Goods according to the Offer. The Order is considered to be a proposal to conclude the Purchase Agreement;
1.3.13. Marketplace Terms - Terms and Conditions for Heureka Marketplace available online at https://heureka.group/sk-en/terms-and-conditions/business-terms-and-conditions-for-heureka-marketplace/;
1.3.14. Verified by Customers - the Operator's service consisting in obtaining and processing responses from Merchants' customers via automated electronic communication, regulated in detail in the Terms and Conditions;
1.3.15. Terms - these Terms of use of the Heureka.skshopping gallery, available in its current form online here Terms and Conditions of Use;
1.3.16. Portal - the Heureka website, available at www.heureka.sk;
1.3.17. Adyen Rules - the Rules for the use of the Adyen payment system for the purpose of payment of prices for Goods within the Portal, which are an annex to the Agreement and are available at https://heureka.group/sk-en/terms-and-conditions/terms-of-use-of-the-adyen-payment-system-on-heureka-sk/;
1.3.18. Operator - the operator of Heureka, Heureka Group a.s., with registered office at Karolinská 706/3, 186 00 Prague 8, ID No. 078 22 774, VAT No. CZ07822774;
1.3.19. User - an Internet user accessing Heureka for the purpose of viewing Offers, concluding Purchase Agreements with Merchants and submitting comments and reviews of Merchants' Goods. Depending on the specific circumstances, the term User may include a Merchant;
1.3.20. Goods - an item, intellectual property object or service offered by a Merchant through its E-shop, the offer of which is imported to the Portal via XML code.
2. Registration of Users and Merchants
2.1. User registration
2.1.1. The use of the Portal for the purpose of viewing Offers, rating Merchants or Goods within the Verified by Customers program, searching for the most advantageous Offers and concluding Purchase Contracts is not subject to any User registration and does not involve any fees from the User.
2.1.2. The registration on the Portal and the creation of a User account can be done in the following way:
- registration through the registration interface with the required data, which are username, valid email address, access password; or
- registration through a Facebook account, which requires the User to be logged in to his/her Facebook account within the internet browser used and to agree to submit the data.
2.1.3. The registration is completed by confirmation from the Operator, which will be sent to the User by email.
2.1.4. The registered User has the possibility to log in to the User's account through the Portal interface and manage his/her user data.
2.2. Merchant registration
2.2.1 In order to issue Offers on the Portal, the Merchant is required to register through the Portal's registration interface. The Merchant is first registered as a User and can then apply for registration as a Merchant. Further conditions of registration of the Merchant are set out in the Terms and Conditions. The contract for use of the Portal between the Operator and the Merchant is concluded at the moment of confirmation of registration by the Operator. However, the commencement of the provision of services by the Operator shall only occur when the Merchant has fulfilled all conditions, in particular the fulfilment of all technical requirements, the execution of identification, etc. The contract for the use of the Portal is governed by these Terms and the Special Terms, in particular the Terms and Conditions.
2.3. Each User or Merchant is entitled to create a user account or Merchant profile for himself/herself only. The creation of a User Account or Merchant Profile by a person who is not authorized to do so is prohibited, and the Operator is entitled to cancel such registrations immediately.
2.4. The Operator is entitled to suspend or cancel the registration of a User who repeatedly violates or grossly violates the Terms or the Special Terms applicable to him/her.
3. OFFER OF GOODS, CONCLUSION OF A PURCHASE CONTRACT
3.1. Merchants place Offers on the Portal by means of automated software (XML code). Offers are automatically updated several times a day. The Offer refers to the specific Goods offered by the Merchant, whereby in order to conclude the Purchase Contract and deliver the Goods, the Merchant is not entitled to require the User or the Operator to meet any conditions other than the payment of the purchase price of the Goods and the price of transport (in particular, it may not make the conclusion of the Purchase Contract conditional on the purchase of additional Goods or the achievement of a certain total purchase price within the purchase of additional Goods or the purchase only for the professionals).
3.2. The Portal allows Users to search and compare individual Offers, and within the Heureka Marketplace it also allows Users to send Orders to certain Merchants for the purpose of concluding a Purchase Agreement. Given that Offers are placed by Merchants on the basis of automated processes, the Operator is not liable for any errors, inaccuracies or defective data of individual Offers, including matching Offers to product cards; the Merchant's liability (e.g. for unfair competition) and the Operator's Guarantee of refund of the purchase price in the event of withdrawal from the Purchase Agreement are not affected by this.
3.3. Only Merchant Offers are published on the Portal. The Operator does not claim nor is it responsible for the fact that the offer of the Goods includes a comprehensive offer of online shops supplying goods and services to Slovakia.
3.4. The User has the possibility to make a selection of Goods offered by individual Merchants by selecting relevant criteria or by entering the name of the Goods or a part thereof into the search field of Heureka. After the User has made a selection of Goods, the Portal will offer a list of relevant Offers corresponding to the User's specifications. As far as the criterion of recommended Offers is concerned, Offers marked as sponsored are displayed in the first positions. These are Offers from Merchants that have been certified by the "Verified by Customers" program, and they are sorted according to which Merchant offers a higher price per click to the E-shop (in descending order). The following offers, which are not marked as sponsored, are displayed in order of the price of the Goods from the cheapest in ascending order. Offers with the same price are further sorted by the stock of the Goods and the number of E-shop reviews. Offers with other criteria are sorted mainly by the price of the Goods, the stock of the Goods and the number of E-shop reviews. More detailed terms and conditions for the ranking of Offers are available here Sorting of the Offers.
3.5. The Merchant is responsible for the accuracy of the information submitted to the Portal and for its compliance with the law. In the event that the Operator discovers that such information is incorrect or illegal, it is entitled to remove the Offer containing such information. The Merchant shall be liable to the Operator and the Users for damages incurred by them in connection with the provision of incorrect or illegal information.
3.6. Offers consisting in the display of Goods
3.6.1. For each Offer, at least the following information is provided:
- the name of the Goods;
- the name of the Merchant;
- photographs of the Goods - catalogue photographs of the Goods offered are also acceptable, but they may differ, for example, in colour or in features of the Goods which are not apparent from the photographs; the textual description of the Offer is always decisive for assessing the conformity of the Goods with the Offer;
- the specification of the Goods according to their nature (in particular, the manufacturer's details including its electronic and physical address, model designation, technical specifications, or information that the Goods are a secondary licence for software);
- the price of the Goods - it is always stated as the total (final) price, including all taxes, fees and other similar monetary benefits, and does not include the cost of transporting the Goods to the User, unless otherwise stated in the Offer.
3.6.2. In addition to the price of the Goods, the Offer may also include the price of their transport to the User, or the price of individual transport methods offered by the Merchant.
3.6.3. After selecting a specific Goods and a specific Merchant's Offer, the User has the possibility to access the Merchant's E-shop pages with the offer of the selected Goods. The Merchant is responsible for the conformity of the parameters of the Offer placed on the Portal with the parameters of the Offer placed on the E-shop website.
3.6.4. The Merchant is responsible for the proper provision of information that must be provided to the User before concluding a purchase contract by distance means within the meaning of the Civil Code and related consumer protection regulations, including directly applicable European Union regulations, if such information is not communicated to the User through these Terms. The Operator shall not be liable for any invalidity of the Purchase Contract, for non-delivery of the Goods in accordance with the Purchase Contract or for their defects.
3.6.5. The Merchant may issue Offers in the following mode:
a) linking of its Offers with the catalogue of Goods on the Portal, the so-called PPC mode, which is subject to a fee and the specific conditions are set out in the Terms and Conditions. In this mode, Products are automatically classified into the relevant categories, where the same e-shop offers are grouped on a product card and sorted by price. The customer has at his disposal here reviews, price evolution, more detailed specifications, a comparison function and also the possibility to save a product as a favourite or
b) without linking the Offers to the catalogue of Goods on the Portal, the so-called FREE mode, which is free of charge. The Merchant's Offers are available only through full-text search, provided that the User enters the exact name of the Goods in the form in which the Merchant mentions it. Products are displayed as a last resort and are sorted primarily by relevance of the search term.
3.7. The terms and conditions for Offers enabling the conclusion of a Purchase Contract directly through the Heureka Marketplace are detailed in the Marketplace Terms.
3.8. In case the Merchant offers Goods through the Heureka Marketplace and through the display of Goods, the criteria of the Offer according to Article 3.7 of the Terms must be identical or more advantageous for the User than the criteria of the Offer according to Article 3.6 of the Terms, in particular in terms of price, payment methods, shipping methods, etc.
3.9. The price of the Goods, as well as other terms of the Offer such as shipping methods, payment methods, etc. offered by the Merchant on the Portal, must be the same or better than the terms offered by the Merchant on the Merchant's E-shop or on other websites operated by the Merchant. The introduction of this narrow parity clause is necessary to ensure consistent quality and transparency of the services provided on the Portal. The clause allows to create a level playing field between the Operator and Merchants by preventing situations where the same products or services would be offered on more favourable terms on other channels, thereby undermining customer confidence and fair competition on the Portal. It aims to ensure the sustainable development of the Operator's business environment and to enable effective investment in improving services, technology and sales support, which benefits not only Merchants but also Users.
3.10. No additional goods may be offered through the Portal as part of the Offer. The Operator itself or through controlled entities does not make any Offers on the Portal and does not commit any differential treatment in this respect.
4. RIGHTS AND OBLIGATIONS, RULES OF POSTING, ILLEGAL CONTENT
4.1. The User shall be entitled to inform the Operator of cases where the Goods have not been delivered by the Merchant in time or the Goods delivered are in any way contrary to the Purchase Contract, regardless of whether the Purchase Contract is a Purchase Contract concluded in the Heureka Marketplace pursuant to Article 3.7 of these Terms or a Purchase Contract concluded directly on the Merchant's E-shop. The Operator may try to help resolve any dispute between the User and the Merchant amicably.
4.2. The User is not entitled to use any means, not provided by the Operator itself, to influence the results of the search for Offers on the Portal or other functions of the Portal, and to offer or provide such means to other persons. In particular, the User is not entitled to interfere with the source code of the Portal, to install software affecting the search or interfering with other functions of the Portal, and to offer such software to other Users, Merchants or third parties. In the event of a violation of this prohibition, the Operator is entitled to cancel the User's account, block the User's IP address, or withdraw from the agreement on the use of the Portal with the Merchant who uses the means to affect the Portal's functions.
4.3. Rules of posting.
4.3.1. A User registered on the Portal is entitled to upload user reviews, discussion and advice posts regarding the Goods and reviews of individual Merchants (hereinafter referred to as "Posts") via the Heureka interface through his/her user account. Reviews, completed Questionnaires or any other information obtained as part of the Verified by Customers service are also considered Posts. User Posts express the views of their authors only and do not express the views of the Operator. The Operator is not responsible for the truthfulness of the information presented in the Posts and for the compliance of such information with the law. Posts should be accepted by Users and Merchants as a subjective opinion, which in itself may not provide complete and true information about the quality of the Goods, E-shops or Merchants. User represents that it is authorized to share and grant to Operator a license, to the extent set forth below, to any copyrighted works that may be included in a Post.
4.3.2. Users submit Posts entirely independently through the Portal, and they are automatically published without prior review by the Operator. The User is responsible for the content of the Post and its compliance with applicable law. If the Post contains personal data, by uploading the Post, the User grants the Operator consent to the processing of such personal data and to the dissemination of any likeness of the captured person, and if it is a person other than the User, the User declares that he/she is authorized to grant such consent by such person.
4.3.3. The Operator is not obliged to monitor the content of the Posts and to actively search for facts and circumstances indicating the illegality of the Posts.
4.3.4. The Operator is responsible for the content of the Posts only in the following cases:
4.3.4.1. If it has specific knowledge of the illegality of a Post or the unlawful conduct of a User and, with respect to a claim for damages, is aware of facts or circumstances that would make the illegal activity or illegality of the Post apparent; or;
4.3.4.2. if it has demonstrable knowledge of the unlawful nature of the Post or the User's unlawful conduct and fails to promptly take all steps that may be required of it to remove or render unavailable the unlawful Post.
4.3.5. The Operator does not exercise any influence over the User's actions in making Posts and does not influence the content of Posts in any way.
4.3.6. The Operator shall be entitled to remove or edit any Post, in particular those that are contrary to the law, the Terms or Special Terms, good morals, unrelated to the topic, or that are capable of harming the Operator in any way. In cases of illegal Posts or Posts that are incompatible with the Terms, the Operator shall state the reason for removing the Post.
4.3.7. In principle, the Operator does not remove Posts, except in accordance with this section of the Terms. The continued display of stored Posts on the Portal shall not be affected by any termination of the contract with the Merchant to whom the Posts relate, but the Operator shall remove from the Posts all identifying information about the Merchant except for the name under which the Merchant has operated on the Portal.
4.3.8. The insertion of Posts is free of charge and the User is not entitled to any remuneration for them. By uploading a Post, the User grants the Operator permission to use the Posts or their parts within the Portal in the form of making them available to third parties, reproduction and modification of the Posts, whether or not they constitute a work of authorship within the meaning of Act No. 121/2000 Coll., the Copyright Act. The Operator is entitled to grant the right to use the Posts to a third party (as exclusive or non-exclusive). The Operator is entitled to use the actual text of the Post relating to a specific Goods (but always without identifying the User) within the framework of the additional services provided to Merchants for the purpose of analysing the sales of Goods and their activities on the Portal, and to provide this text to Merchants as part of the data processed within the framework of the additional services.
4.3.9. The User is obliged to refrain from providing personal data of other persons, data on health and other special categories of personal data and information that give the impression to other Users or Merchants that the information is provided by the Operator or a person authorised by the Operator. The User is entitled to request the anonymization or removal of their Posts.
4.4. Illegal content
4.4.1. The Operator expressly states that the goods and services on the Portal, including the Heureka Marketplace, are not offered by or on behalf of the Operator, and is therefore not responsible for any illegality of such content.
4.4.2. Anyone is entitled to send the Operator a notification about the unlawful nature of the content displayed on the Portal ("Notifier"). The notification must contain at least the following information:
4.4.2.1. Identification of the content, including an unambiguous indication of the exact electronic location of the content (e.g., the exact URL or URLs);
4.4.2.2. a justification for the illegality of the content;
4.4.2.3. the name of the Notifier and its email address;
4.4.2.4. a statement confirming that the Notifier believes in good faith that the information and allegations contained in the notification are accurate and complete.
4.4.3. The notification may be sent to the Operator through the notification system, which means the web form available on the Portal under the "Report illegal content" button.
4.4.4. If the notification does not comply with all the requirements of Article 4.4.2.1, 4.4.2.2 or 4.4.2.4 of the Terms, the Operator shall invite the Notifier to complete the missing requirements. If the Operator has received an electronic contact from the Notifier, it shall acknowledge receipt of the notification.
4.4.5. Upon receipt of a notification containing all the elements, the Operator will assess the notified content for illegality through human review.
4.4.6. Following the outcome of the assessment, the Operator shall make a decision ("Decision") consisting of:
4.4.6.1. taking action to remove the content, if appropriate; or
4.4.6.2. refusal to take action.
4.4.7. The decision, together with the reasons, will be sent to the Notifier by e-mail and, if the Restriction is accepted, will also be sent to the Merchant to whom the Notification relates (the Notifier and the Merchant to whom the Notification relates, hereinafter each referred to as the "Affected Entity").
4.4.8. If the Affected Entity disagrees with the Decision notified to it, it is entitled to lodge a complaint against the Decision ("Complaint") within 6 months of the date of delivery of the Decision, via the email from which the Decision was notified to it. The Operator is entitled to resolve the Complaint within the framework of the out-of-court complaint system within the meaning of Article 9 of the Terms and Conditions.
4.4.9. The Operator is entitled to suspend for a reasonable period of time and after issuing a prior notice to the person who frequently submits apparently unjustified notifications. The Operator shall take into account, in particular, the number of notifications submitted, the reasons for them and the proportion of unfounded notifications in the total number, considering as abuse, inter alia, cases where the proportion of unfounded notifications in relation to the total number reaches at least 50%.
4.5. Editing of information about the Goods by the Manufacturer
4.5.1. The manufacturer or distributor of a manufacturer's products or other persons authorized to act on behalf of the manufacturer ("Manufacturer") shall be entitled to edit the information provided on products displayed by Merchants on the Portal under the conditions set out below.
4.5.2. The Operator allows Manufacturers to access the Administration Interface where it is possible to edit the details of the Goods of a given Manufacturer. Editing means the setting of images, videos, descriptions, parameters and documents of a given Good.
4.5.3. A Manufacturer may gain access to the Administration Interface for the purpose of editing details of Goods once its authorized representative has provided Operator with proof of its authority to act on behalf of the Manufacturer. Such authorization may be, for example, an extract from the commercial register, a power of attorney, proof of employment in a position whose job description implies the authority to act for the Manufacturer in matters of editing information relating to the Goods. There is no charge for access to the Administration Interface. The decision to allow access to the administrative interface is solely at the discretion of the Operator, who may deny access at any time. In particular, access will be denied if an authorized representative of the Manufacturer fails to prove his/her authorization or breaches the Terms. The Manufacturer has no legal right to access to the Administration Interface. The Manufacturer can edit the image gallery, videos, descriptions, parameter list and insert documents in PDF format. Editing is done either by new data insertion or by setting the data obtained from the Merchants xml files as permanent. In both cases, after inserting or editing the data in question, the Manufacturer is responsible for the accuracy and truthfulness in relation to the Goods or its variant.
4.5.4. Only information about Goods that are clearly identified by the Manufacturer in the specification of the Goods may be edited.
4.5.5. The images inserted must be free of any promotion, bonus or advertising message. The image may only depict the product or the product including accessories, which is valid for all offers in the comparison. Images must not exceed 2 MB in size.
4.5.6. Videos must contain only a review of the product to which it is embedded. Videos that are embedded must be generic, not denigrating the competition or comparing themselves to the competition. Only videos posted on Youtube.com can be uploaded.
4.5.7. The Operator is not responsible for the content of images, videos and information uploaded by the Manufacturer. The Manufacturer is obliged to compensate the Operator for damages incurred by the Operator as a result of illegal content uploaded by the Manufacturer to the Portal.
4.5.8. The Manufacturer is allowed to edit the short label, which is displayed in the section where the Goods are located and on the Goods detail page, the medium label once this label starts to appear and the long label, which is displayed in the Goods specification tab. The label should be generic and valid for all listings in the Goods catalogue. The description is not allowed to include information about bonuses, promotions, accessories or advertising messages that are not valid for all offers in the comparison. If an existing description is modified and saved, the Manufacturer is responsible for all information contained in the entire description.
4.5.9. The Manufacturer is allowed to fill in or set fixed values for the parameters of the Goods. The parameter must have a value corresponding to the variant displayed on the product detail.
4.5.10. The Manufacturer may add PDF documents to the description of the Goods. By documents we mean in particular manuals or instructions for the Goods, assembly sheets or safety information. When inserting, the Manufacturer is obliged to provide a title which will include the name of the Goods and an indication of the type of document (e.g. Instructions - Apple iPhone 5S 16GB). Documents may be a maximum of 50 MB in size.
4.6. Additional content
4.6.1. The Operator is entitled to edit the photos and descriptions of the Goods within the product catalogue on the Portal. The Operator states that this information is for guidance only and does not fulfil the information obligation of the seller (i.e. the Merchant) under applicable law. The Merchant continues to fulfil its information obligation with regard to the Goods by displaying the Goods on its own website, to which the Portal refers.
4.6.2. The Operator provides further indicative information and advice to the User, including information on the price development of selected products on the Portal and warnings of price drops. This information is of an indicative nature and does not constitute the fulfilment of the seller's information obligation under applicable law.
5. FINAL PROVISIONS
5.1. Change to the Terms
5.1.1. The Operator is entitled to unilaterally change these Terms or Special Terms to a reasonable extent, in particular due to changes in legislation, technological changes affecting e.g. the Operator's communication with Users or Merchants, possibilities and methods of concluding Purchase Contracts, but also due to extensions or changes in the services provided by the Operator. However, the new version of the Terms or Special Terms shall not apply in any case to Orders that were sent while the previous (older) version of the Terms or Special Terms was still in force. These Orders are governed by the previous version of the Terms.
5.1.2. If the Operator makes changes to the Terms or Special Terms, it is obliged to notify Users and Merchants at least 15 days before the effective date of the new version of the Terms or Special Terms in the form of an e-mail sent to their e-mail addresses listed on the Portal. The notification shall also include the text of the Terms (and) or Special Terms in .pdf format, or in another format enabling the display of the text form of the Terms (and) or Special Terms and their easy archiving. Until the new version of the Terms (and)or Special Terms comes into force, the User or the Merchant is entitled to reject the changes to the Terms (and) or Special Terms in writing by sending a letter to the Operator's address or in the form of an e-mail sent to the Operator's contact address. If the User or the Merchant does not reject the changes to the Terms (and) or Special Terms, the User or the Merchant shall be deemed to have accepted the new version of the Terms (and) or Special Terms. The User or Merchant shall also be deemed to have accepted the new version of the Terms (and) or Special Terms at the moment of sending the first Order, issuing the Goods or first login to his/her user account after the new version of the Terms (and) or Special Terms has become effective.
5.1.3. In the event of rejection of the new version of the Terms (and) or Special Terms, the existing contractual relations, including registration on the Portal, between the Operator and the Merchant or User shall cease with the effectiveness of the new version of the Terms (and) or Special Terms, without prejudice to the pre-existing obligations that are to continue for the duration of the contract (obligation to pay commission, contractual penalty, compensation for damages, etc.).
5.2. Out-of-court dispute resolution
5.2.1. In the event of a dispute arising between the User, who is a consumer within the meaning of Section 419 of the Civil Code, and the Operator arising from the use of the Portal (except for disputes relating to Article 4.4 of the Terms), the User is entitled to submit a proposal for out-of-court dispute resolution to the Slovak Trade Inspectorate in order to conclude an agreement with the Operator, using the contact details available on the website www.soi.sk. The submission of the proposal and the subsequent participation in the out-of-court dispute resolution is free of charge for the User, while any costs incurred in connection with the out-of-court dispute resolution shall be borne by each party separately. The User's choice of out-of-court dispute resolution is voluntary.
5.2.2. Out-of-court dispute resolution is governed by § 20d et seq. of Act No. 634/1992 Coll. on Consumer Protection. The application for initiation of out-of-court proceedings must contain the elements pursuant to Section 20n of the Consumer Protection Act. on consumer protection. The application for out-of-court dispute resolution may be submitted no later than 1 year from the date on which the User first filed a claim with the Operator which is the subject of the dispute.
5.2.3. Users residing in another EU Member State, Norway or Iceland are entitled to submit a request for out-of-court settlement of their dispute with the Operator through the European Consumer Centre in their country of residence; a list of the relevant Consumer Centres is available on the European Commission's website at https://europa.eu/youreurope/.
5.2.4. Users have the possibility to communicate to the Operator any complaints and grievances about the activities of the Operator's portal through the contact details provided in Article 5.5 of the Terms.
5.2.5. Merchants' complaints regarding the functioning of the Portal and the relationship with the Operator are entitled to resolve them within the framework of the out-of-court complaint handling system within the meaning of Article 9 of the Terms and Conditions.
5.3. The relationship between the Operator and the User or Merchant is governed by these Terms, the Special Terms and the laws of Slovakia, in particular the Civil Code.
5.4. In the event that any provision of these Terms is invalid for any reason whatsoever, such fact shall not render the other parts of these Terms invalid or ineffective.
5.5. For the purpose of any communication with the Operator, the User is obliged to use the single point of contact for e-mail communication, all necessary data is provided on the website https://heureka.group/sk-en/about-us/contacts/
5.6. Users and Merchants may also use the Chatbot, which is used to support the use of the Portal's features, assist with navigation, provide usage advice, solve technical problems or answer frequently asked questions. The Chatbot is used solely to provide the above support and is not intended to provide legal, accounting or other professional advice and its information is for informational purposes only. Neither Users nor Merchants may use it to disseminate inappropriate content, spam or attempt to abuse the system. The Operator is not responsible for the accuracy, completeness or timeliness of the answers provided by the Chatbot and is not liable for any damages resulting from its use.
5.7. These Terms are provided to Users and Merchants in text form within the meaning of Section 1819 of the Civil Code, and are also available online at https://heureka.group/sk-en/terms-and-conditions/. Users and Merchants are entitled to make copies of these Terms for their own use, by copying the text, downloading pdfs from the Portal's pages or taking printscreens.
5.8. The User (including the Merchant) is not entitled to assign or transfer any of its rights or obligations relating to the use of the Portal, or arising in connection with it, without the prior written consent of the Operator. The Operator is entitled to transfer the rights and obligations under contracts or other obligations arising in connection with the provision of services under the Terms or the Special Terms or in connection therewith to a third party. The User grants the Operator express consent to such transfer. The assignment of the Agreement shall be effective against the User at the moment of delivery of the notice of assignment of rights and obligations by the Operator to the User or at the moment when the third party proves the assignment of rights to the User. The Operator and the User agree that the provision of Section 1899 of the Civil Code that in the event of non-performance of the assumed obligation by the assignee, the User may require the Operator to perform this obligation instead of the assignee, shall not apply.
5.9. All information about the accessibility of the Portal and the measures we have taken to ensure compliance with Act No. 424/2023 Coll. on accessibility requirements for certain products and services can be found in a separate document Accessibility Statement.
5.10. In the event of any discrepancies between the Slovak and English versions of these Terms or Special Terms, the Slovak version shall prevail.
5.11. These Terms are valid and effective as of August 1, 2025.