Terms and Conditions of use

LIVECO

Exclusive importer:
PROSPECT, spol. s r.o.
Tvrdošovská cesta 10823, 940 02 Nové Zámky
Company ID: 34107100
Tax ID: 2020414275
VAT ID: SK2020414275
Commercial Register, Nitra District Court, Section: Sro, File no. 561/N¤

1. Terms

Seller - operator of the www.liveco.com e-shop- PROSPECT, spol. s r.o.
Buyer – consumer or legal entity/sole proprietor with whom the Seller concludes a purchase agreement via the www.liveco.com e-shop.
Products - products offered for sale in the www.liveco.com e-shop.
Purchase agreement - electronic order concluded via the www.liveco.com e-shop confirmed by the Seller on the basis of which ordered products are sold by the Seller to the Buyer whereby these terms and conditions form an integral part of such purchase agreement.
e-shop - online shop operated on the www.liveco.com domain by the Seller and via which the Seller sells products and concludes purchase agreements for products with Buyers under the conditions defined in these terms and conditions.
In writing – a written, tangible paper form of expression of the acting party's will. If explicitly allowed, email is considered a suitable form of communication completed in writing.

1. Purchase Agreement

A purchase agreement is created on the basis of confirmation of a Buyer's order during the product ordering process at the www.liveco.com e-shop. A purchase agreement may also be created when goods are ordered over the phone or via email if the Buyer requests and the Buyer confirms in writing (ordering, sending an order) electronically via the www.liveco.com e-shop to the Seller that it is aware and agrees with these terms and conditions of the www.liveco.com e-shop. The terms and conditions are an integral part of any purchase agreement. No purchase agreement is created if the Buyer does not confirm an order.

1. Cancelling a Purchase Agreement
2. Withdrawal from a Purchase Agreement
3. Delivery of Ordered Products
4. Payment for Ordered Products and Shipping Fees
5. Warranty and Claims Conditions

1. The Buyer can unilaterally cancel a purchase agreement without providing a reason until the Seller has shipped the ordered goods from its warehouse. The Buyer can cancel an order in writing or via email to info@liveco.com. Order shipping information will be sent to the Buyer's email address or notified over the phone. The Buyer is obliged to provide all details and order details in the notice to cancel a purchase agreement, i.e. the number and date of the order, first and last name and permanent residence of a physical person or business name (and first and last name of a person responsible for the cancellation of the purchase agreement) and registered office of a legal entity, valid email address, description and quantity of the ordered product that the Buyer is returning to the Seller and for which the Seller is to refund the Buyer's paid purchase price. In such purchase agreement cancellation cases, the Buyer is not charged any fees related to purchase agreement cancellation if the Buyer has not paid the purchase price at the time of such cancellation. If the Buyer has paid the purchase price to the Seller for the ordered goods or a part thereof at the time of such cancellation, the Seller will refund such an amount within 3 working days from the cancellation of the purchase agreement in the form of a bank transfer to the Buyer's account shown in the purchase agreement cancellation; the Seller is authorized to deduct 4% of this amount as a transaction cost. The provisions of the previous sentence to deduct 4% are not applied if the Buyer is a consumer. After the product ships, the Buyer cannot cancel a purchase agreement pursuant to this point.
2. The Seller reserves the right to unilaterally cancel a purchase agreement or portion thereof if the Buyer provides misleading or untrue personal information or if the wholesale price of products changes dramatically; the same applies to special circumstances which the Buyer notifies to the Seller in writing. In this case, the Seller will immediately contact the Buyer to agree on subsequent action to be taken. In such cases of purchase order cancellation, the Seller will not charge the Buyer any fees to cancel the order. If the Buyer has already paid all or part of the purchase price at the time the purchase agreement is cancelled pursuant to this point, the Seller will refund the Buyer the already paid purchase price or portion thereof within a term of 3 working days from the order cancellation date via bank transfer to the Buyer's account used to pay the purchase price. The Seller can request the Buyer provide account number confirmation.

1. A physical person as the Buyer who will not use the purchased products in their work, professional or business activities or for any other commercial purpose (i.e. consumers), can withdraw from a purchase agreement without providing a reason within seven (7) work days from the delivery of the product to the consumer. The consumer has the right within this term to unpack the product and test it in a manner consistent with purchases made in a standard brick and mortar store. Testing is understood as a one-time test of the product to determine its effectiveness and to get familiar with the product; permanent or repeated use of the product is not within the bounds of such testing. A consumer's withdrawal from the purchase agreement cancels the agreement from the very start. The Seller is obliged to accept a return of the product and to refund the purchase price paid for the product or any deposit made by the consumer in connection with its order of the product within a period of 15 days from withdrawal from the purchase agreement. The consumer bears the costs for returning the product only if the product fully meets the quality requirements placed on it and is not defective. The Seller will refund the purchase price paid for the product including costs incurred by the consumer in connection with ordering the goods during withdrawal from a purchase agreement so long as the consumer provides the Seller with original written confirmation of costs incurred by the consumer related to the ordered product along with the returned product itself.
2. Unless the Seller and consumer agree otherwise, a consumer cannot withdraw from an agreement concerning:
   a) Provided services if such service should be commenced with the consumer's consent before the expiry of the term for withdrawing from the agreement,
   b) Sales of products or provided services where such prices depend on the fluctuation of prices on financial markets that the Seller has no control over,
   c) Sales of custom products produced pursuant to specific consumer specifications or products intended for a single consumer or products that cannot be returned or merchandise that will quickly spoil,
   d) Sales of audio-visual works, sound recordings or audio-visual recordings of works of art or multimedia works that the consumer has opened,
   e) Sales of newspapers, magazines and other periodicals,
   f) Lotteries and other similar games.
3. If the Seller provides the consumer with credit to purchase the products or if such credit is provided by a third party to the consumer on the basis of an agreement with the Seller, withdrawal from the purchase agreement cancels both the purchase agreement and the credit agreement. The right to prosecute for claims of unjustified personal enrichment are in no way affected by this provision.
4. The following conditions are defined for valid withdrawal from the agreement pursuant to this point in the agreed term of seven working days:* The consumer notifies the Seller immediately in writing of withdrawal from the agreement or via email to info@liveco.com and completes a letter to the Seller along with the returned goods containing the information defined in the scope of Article 3, Purchase Agreement Cancellation, Point 1),* The product must be immediately returned within 7 working days from the delivery date of such email notice to info@liveco.com in the same condition as delivered to the consumer, meaning complete, intact, undamaged, not repeatedly used with the exception of testing, in flawless condition, clean and including all accessories and other parts of the product in original packing with all components of the product packaging and other products, gifts and accessories to the product, manuals, the invoice and proof of payment, i.e. the complete product,* The consumer shall send the product back to the Seller using a registered parcel service and not COD or delivered in person.
5. If the consumer withdraws from the agreement pursuant to this article and delivers products back to the Seller that have been visibly used multiple times, damaged or incomplete, the Seller has the right to damage compensation up to the price for repairs to return the product to its original condition. If the Buyer does not meet the other conditions for withdrawal from the purchase agreement, withdrawal from the purchase agreement is invalid and the Seller is not obliged to return the purchase price to the Buyer and also may seek the payment of costs associated with the delivery of the product back to the Buyer unless the Contracting Parties agree otherwise.

1. The Seller undertakes to deliver ordered products without any undue delay depending on if the products are in stock in the Seller's warehouse and on the Seller's operating capacities, and generally within five (5) working days from the confirmation date of the Buyer's order. The Seller will notify the Buyer of any unavailability of products immediately via email or the e-shop. If the delivery of ordered products requires more than five (5) working days, the Seller will immediately inform the Buyer of such fact. This delivery term is applicable inside the Slovak Republic. The delivery term and delivery conditions outside of Slovakia are defined depending on the Seller's delivery site and the Buyer will be informed immediately via email or over the phone.
2. The Buyer defines the site of delivery for ordered products in a product order. An order is considered complete once the Buyer receives the products. Delivery of ordered products at the site of delivery is assured by the Seller unless the Buyer comes to pick up the products in person at the Seller's registered office. For pick up in person, the Buyer can pick up an order from the Seller during working hours at any time after order confirmation (ordering/dispatch of the order). A parcel with the ordered products will always contain a tax record (proof of purchase) and a user manual or warranty card. The Seller recommends defining a site of delivery (if pick up in person at the Seller's registered office is not used) where the Buyer is able to realistically accept delivery of the Seller's parcel (ordered products), e.g. at a place of employment if no one is able to take delivery at home.
3. The Buyer is obliged to accept delivery of ordered products at the site of delivery shown in the order (unless the Buyer will pick them up from the Seller's registered office). The Buyer is obliged to accept delivery if the parcel shows no signs of obvious damage. The Buyer can request the delivery company complete a formal record if the Buyer refuses to accept delivery for a number of reasons and such record is known as a damage report, where the Buyer can add his/her own comments and to which the Buyer may include photo evidence if it deems appropriate. If the Buyer accepts the parcel without any reservations, the parcel is considered to be undamaged. The Buyer can seek compensation for damages to a parcel within 24 hours from the delivery company or the Seller at info@liveco.com if such damage is discovered after unpacking and if such damage was not caused by the Buyer but was caused by delivery. The Seller will conduct an investigation with the delivery company, which may last a number of days, with respect to damage to a parcel as defined in this point and if the Buyer has made a claim. The Seller will make all efforts in order to ensure such investigation is completed within 15 calendar days from the date on which the Buyer applies the claim. The Seller will inform the Buyer of the results of the investigation and the resolution of the claim via email or over the phone. The delivery company authorized by the Seller or the Seller will inform the Buyer via email or over the phone of the delivery date. If the Buyer does not accept delivery of products or delivery must be attempted more than 2 times due to the Buyer, the Seller is authorized to bill the Buyer increased costs for repeated delivery totalling fifteen Euros (€15).
4. Unless the Seller and Buyer agree otherwise, the Seller is obliged to fill the Buyer's order within 30 days of its delivery to the Seller. If the Seller does not fulfil the agreement because it is unable to deliver the product, it is obliged to immediately inform the Buyer of such fact and refund the price paid for the product or any deposit provided for the product within 15 days unless the Buyer and Seller agree on some form of replacement. If the Buyer and Seller do not agree on some form of replacement, the Seller is obliged to provide compensation for all costs incurred by the Buyer to order the product or service. With respect to some form of replacement, the Seller is obliged to provide the Buyer with products or services in the same quality and price.
5. The warranty term for products delivered in the Slovak Republic is 24 to 48 hours from shipment of the products from the Seller's warehouse. Delivery is completed on working days between 8 AM and 4 PM. The delivery company or the Seller may contact the Buyer over the phone just before delivery in order to specify a time to deliver the ordered products.
6. The Buyer is obliged to immediately accept the products and inspect the completeness of the packaging upon delivery; if the product or packaging is damaged or incomplete, such damage must be immediately announced to the email address info@liveco.com; other rights and obligations pursuant to these terms and conditions remain unaffected.
7. For any orders with international delivery, the Seller will calculate shipping costs upon the Buyer's request submitted via email to info@liveco.com depending on the weight of the parcel and the country to which the products are to be delivered and will send such details back to the Buyer via email. For orders with international delivery, the payment of the purchase price must be completed in advance to the Seller's account or using payment card. The Seller reserves the right to define separate conditions apart from those shown in these terms and conditions for orders with international delivery.
8. The Seller will not deliver any orders to post office (P.O.) boxes.
9. The Seller is not responsible for any consequences of late delivery or loss of a parcel as a result of the action or inaction of the delivery company or as a result of unforeseen or unavoidable hindrances (force majeure).
10. If the Buyer requests the COD delivery of products and the price of such products exceeds €300, the Seller may request that the Buyer pay the full or a portion of this amount to the Seller's account before delivery of the products; likewise the Seller may request another form of security be provided. The Seller reserves the right to amend the purchase agreement for this purpose.

1. Payment for ordered products can be completed using three methods: no-fee online payment, specifically a transfer to the Seller's account. Payment is completed using the secure TrustPay gateway, which provides the immediate transfer of funds from the Buyer's account to the Seller's account regardless of where the Buyer maintains an account. Payment is free of fees for the Buyer and provides Buyers with the following benefits:
        Easy, convenient to use
        Immediate payment processing and acceptance
        Secure transactions (using the customer's own online banking application)
        No registration needed with no extra hassle for customers
        Faster order processing
        Payment for ordered products can also be completed without any fees with a Mastercard of Visa payment card using the TrustCard service, which is provided by TrustPay; COD (cash on delivery) is another option but the Buyer in such cases will be charged a flat rate delivery charge of four Euros and eighty cents (€4.80). If the ordered products weigh in excess of five kilograms (5 kg), the Seller reserves the right to define a separate increase for the costs associated with delivery of such a heavy parcel compared to the defined flat rate charge and may decide to bill the Buyer the extra costs in the flat rate delivery charge. The Seller is obliged to immediately inform the Buyer if shipping costs must be increased pursuant to this provision and the amount of such increase via email; the Buyer is not obliged to accept the delivery or pay the agreed purchase price if it does not express its consent to the increased shipping costs via email to info@liveco.com. The Buyer can pick up ordered products in person at the Seller's registered office if it informs the Seller in advance in the order or via email at the latest on the date on which the delivery with the ordered products would ship.
2. All prices for individual products in the e-shop are shown inclusive of VAT and are free of any shipping fees (costs). Shipping costs for the ordered products will appear during the ordering process in the e-shop.
3. If an excessively low price for a product is shown in the e-shop as a result of a technical error or other accidental event, the Seller reserves the right to cancel and order, even if previously confirmed.

A) Warranty

1. The warranty is for 24 months and commences on the day the Buyer accepts the ordered products. All risks of damage to the products are borne by the Buyer from the date on which it accepts the ordered products from the Seller or delivery company. The purchased product will retain its properties for the warranty period.
   The warranty does not cover:
1. Mechanical damage, destruction of loss caused by the negligence of the Buyer or a third party or a random event,
2. Mechanical damage, destruction or loss caused by a force majeure event or a random event or accident,
3. Any damage to products that occurs as a result of the incorrect and inappropriate use of the products or their use in unsuitable conditions, unsuitable storage, unprofessional maintenance, exchange, misuse of the product, the application of aggressive chemicals, neglected maintenance or other use in breach of the user manual, general principles, technical standards or safety regulations valid in the Slovak Republic caused by the Buyer or a third party,
4. Any damage resulting from unprofessional interference by the Buyer or a third party into the product or improper installation of the product or damage caused by the use of the product that prevents the product from being preserved in a proper manner,
5. Normal wear and tear of the product occurring as a result of its use, including the loss of filter functionality due to the expiry of its service life, use pursuant to the user manual and/or information posted on www.liveco.com,
6. Defects caused by the use of accessories and components with the purchased product other than those produced by LIVECO.
7. Product components with a limited service life, depending on the quality and quantity of used water or which require replacement at recommended intervals based on the user manual (e.g. water filter, the collagen and vitamin C filter).

The warranty lapses:

8. Upon failure to present the product, any accessories and all components or Seller-approved documentation for the product, in particular proof of payment, delivery note or warranty card,
9. The failure to announce clear defects upon receipt of the product and the failure to announce any non-compliance that the Buyer knew about or must have known about at the moment an order was placed,
10. The expiry of the warranty period provided for the product.
1. The Seller is obliged to issue the Buyer a proper tax record, i.e. proof of purchase, that the Buyer will receive at the latest along with the delivery of the ordered product.

B) Claims Conditions

3. By sending an order, the consumer confirms to the Seller that it has read the contents of the Claims Regulations shown herein in this Point B), understood them and confirms that he/she has been properly informed of the conditions and method for making claims related to products.
4. The Seller recommends that consumers check with info@liveco.com regarding steps they can take themselves in order to restore the products back to their original condition and eliminate problems before applying a claim in the interests of more efficiently resolving problems and avoiding excessive and unnecessary costs as well as unpleasant worries. Consumers can also help speed up and make the claims process more efficient by requesting more information from info@liveco.com.
5. Warranty repairs are secured by the Seller via the product manufacturer.
6. Claims liquidation is understood as the end of the claims process and results in the provision of a repaired product, a replacement product, the refunding of the product's purchase price, the award of an appropriate discount from the price of a product, a written call to accept compensation or justified reasons to reject a claim.
7. Consumers are obliged to apply any claims immediately with the Seller in a written letter immediately after a defect is discovered; otherwise the Seller is not obliged to accept a claim.
8. Consumers have the right to apply a product's warranty with the Seller for products that show defects caused by the manufacturer, the delivery company or the Seller, for products covered by the warranty and products sold by the specific Seller.
9. A condition for the application of a claim is the provision of the defective product in its original condition and packaging, its accessories and all components, accompanying documentation, manuals, original proof of purchase and warranty card if included in the packaged product sold by the Seller at its registered office or other store. Consumers are obliged to precisely describe a defect and how such defect appears. Consumers must provide their first and last names, address, a valid email address, telephone number, the order number, the order date and the number of the given tax record. This information must be provided for every applied claim and is a condition for accepting a claim. The Seller may request consumers provide additional details that are missing from the claim via email or over the phone. The Seller's term for liquidating a claim is halted until the consumer provides the information requested by the Seller.
10. Products for which a claim has been applied must be delivered via post or a courier service to the Seller's registered address, which the site where claims are applied: LIVECO, PROSPECT, spol. s r.o., J. Simora 5, 94001 Nové Zámky, Slovakia. If a consumer is sending claimed goods to the Seller, the consumer must provide the product with sufficient packaging so as to ensure no damage occurs to the product during transport; otherwise the Seller may decide to reject the claim due to damage that has occurred on the basis of unsuitable, inadequate or defective packaging.
11. The Seller will only accept products for which a claim has been applied directly from consumers at the site of in-person delivery by the consumer at the Seller's registered office during opening hours if so agreed in advance via email and if the claim provides the details required pursuant to these terms and conditions.
12. The Seller is obliged to provide the Buyer with confirmation once a claim has been applied. If the claim is applied via remote means of communication, the Seller must deliver such confirmation of an applied claim to the consumer immediately; if immediate delivery is impossible, delivery must take place without any undue delay, at the latest with the claims liquidation record; confirmation of an applied claim does not have to be delivered if the consumer has the ability to prove the application of a claim in any other manner. The Seller or an authorized entity will issue the Buyer confirmation in a suitable format chosen by the Seller, i.e. email format.
13. The consumer has the right to the free, timely and full remedy of a reparable defect. The Seller is obliged to remedy a defect without any undue delay. The consumer can request the replacement of a product instead of a remedy for a defect or the replacement of components where appropriate if the Seller does not incur excessive costs with regards to the price of the product and the seriousness of the defects. The Seller can always request the replacement of a defective product for a non-defective product so long as this causes no serious hardship for the consumer. The consumer has the right to withdraw from the agreement if a defect cannot be repaired and prevents the regular use of the product. The consumer has the same right if a defect can be repaired but the consumer is prevented from using the product due to the repeated occurrence or a larger number (at least three) defects. In the case of such irreparable defects, the consumer has a right to an appropriate discount from the price for the product. The repeated occurrence of a defect is understood as third recurrence of the same defects that has already been claimed and repaired two times previously.
14. Based on the consumer's decision of which such rights pursuant to the previous point 11) to apply, the Seller is obliged to immediately propose a method for liquidating the claim; in complex cases such a method must be proposed within 3 working days from the date on which a claim is applied; in justified cases, in particular if cases where the complex technical nature of the product requires, this deadline can be extended to 30 days from the date on which a claim is applied. After the method for liquidating the claim is defined, the claim will be liquidated immediately, in justified cases such liquidation may be delayed, but in such cases the liquidation of a claim cannot last for more than 30 days after the application of a claim. After the expiry of the claims liquidation period, the consumer has the right to withdraw from the agreement or to a new replacement for the claimed product.
15. The Seller will inform the consumer via email, over the phone or in a letter of the end of a claims procedure and the results of the claim and will deliver a claim report to the consumer along with the product.
16. If the consumer applies a claim for a product within the first 12 months since purchase, the Seller can only reject the claim on the basis of a professional assessment (an expert's opinion or a statement issued by an authorized, notification or accreditation authority or a statement from another entity approved by the manufacturer to conduct warranty repairs (hereinafter only "defined entity");  regardless of the results of such professional assessment, the Seller cannot seek payment of costs associated with the professional assessment or another other costs associated thereto from the consumer.
17. If the consumer makes a claim for a product in the 12 months since purchase and the Seller rejects this claim, the entity that has liquidated the claim is obliged in the claim report to state who the consumer can send the product for the purposes of a professional assessment. If the product is sent for a professional assessment to the defined entity, the costs for the professional assessment and all other related and specifically incurred costs are borne by the Seller regardless of the results of the professional assessment. If the professional assessment proves that the Seller is liable for the defect, the claim may be applied again; any warranty period is halted during the performance of such professional assessment. The Seller is obliged to pay the consumer for all costs incurred by professional assessment within 14 days from the reapplication of a claim as well as all related and specifically incurred costs. A reapplied claim cannot be rejected.
18. The Seller is obliged to issue a written record concerning the liquidation of a claim within 30 days from the application of the claim.
19. The Seller reserves the right to replace defective products with similar products featuring comparable technical parameters.
20. The warranty period is extended for the period in which the Buyer cannot use the product as a result of a valid claim.

1. Final Provisions

1. The Buyer's fundamental rights as a consumer are defined in Act No. 108/2000 Coll. on Consumer Protection for Door-to-Door Sales and Mail Order Sales as amended and in Act No. 250/2007 Coll. on Consumer Protection as amended. Matters that are undefined in these terms and conditions are subject to the provisions of the Civil Code, the Commercial Code, the Electronic Commerce Act and the Act on State Surveillance of the Internal Market where such laws involve consumer protection.
2. The Seller is bound to its currently offered products and prices from the date of their publication on the website www.liveco.com. The Seller reserves the right to change its assortment of products as well as prices at any time whereby the Seller is bound to the offer presented at the time a Buyer completes an order. Unless defined otherwise in these terms and conditions, any periods defined in these terms and conditions do not consider the date on which the circumstances occurred to condition the start of such periods.
3. If the Buyer is an entity that purchases products within its business activities or if such purchased products will be used in their work, professional or business activities or for any other commercial purposes (legal entities and sole proprietors), all matters involving the Buyer and the Seller are subject to the provisions of the Commercial Code, Act No. 513/1991 Coll. as amended and these terms and conditions whereby the provisions of these terms and conditions regarding withdrawal from the purchase agreement contained in Article 4 - Withdrawal from the Purchase Agreement as well as claims conditions pursuant to Article 7 - Warranty and Claims Conditions, Section B) Claims conditions are not applicable.
4. These terms and conditions are permanently accessible from the Seller's website, www.liveco.com, and represent the only conditions that regulate the mail order operation operated by the Seller via the www.liveco.com e-shop except in cases where the Buyer and Seller agree in writing (or via email) on other conditions. The Seller can change these terms and conditions. The Seller is also obliged to include the publication date in the terms and conditions. They are binding for the Buyer and Seller from this date and cover every purchase agreement after this publication date. By confirming (sending) an order, the Buyer affirms that it understands and agrees with the contents of these terms and conditions.
5. If a dispute occurs between the provisions of product manuals and the provisions of these terms and conditions, these terms and conditions take precedence.
6. If the Buyer in any document (electronic order, email, letter, etc.) provides an email address or phone number, it makes a binding declaration that the Seller can consider such email address or phone number as a full value means of communication between the Buyer and Seller. The Seller can use such means of communication to contact the Buyer at any time needed in connection with the Seller's business activities and/or a purchase agreement. The Buyer is exclusively responsible for the accuracy and true representation of the data provided by the Buyer in a purchase agreement.
7. The Buyer consents to the processing of its personal data provided to the Seller during the conclusion of a purchase agreement or in connection with a purchase agreement and which the Seller requires during the completion of a purchase agreement. The Seller undertakes to process such personal data pursuant to Act No. 428/2002 Coll. on Personal Data Protection as amended exclusively for the purposes of fulfilling the purchase agreement, in particular for the purposes of ordering, accepting and preparing orders, paying the purchase price for ordered products, shipping, sending ordered products to the Buyer and the delivery of such products as well as for the purposes of fulfilling other conditions directly arising from these general terms and conditions in the scope required.
8. The Seller recommends that all Buyers print and retail these terms and conditions in the event of any subsequent claim.
9. By accepting these terms and conditions, the Buyer consents to allow the Seller to send information and presentation emails to the Buyer's email address provided in the order. If the Buyer does not agreed to receive these emails, it may request that the the Seller not send these emails by sending an email to info@liveco.com.
10. If these terms and conditions are not clear to you and you would like an explanation for any provision, please contact us via email at info@liveco.com. If you need us to contact you over the phone in order to explain these terms and conditions, please provide your telephone number in your email. We would be happy to answer any questions you may have.

Nove Zámky, dated 30.11.2012