Business Terms

Terms and Conditions

Article 1

Introductory Provisions

1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations between ANJ Nutrition Group s. r. o., with its registered office at Diaková 9, 927 01 Šaľa, Slovak Republic, registered in the Commercial Register of the District Court Nitra, Section Sro, File No. 57891/N, Company ID No.: 54 738 903, Tax ID No.: 2121784390, VAT ID No.: SK2121784390, IBAN account number: SK92 1100 0000 0029 4913 4565, e-mail: gams-shop@anj.group, tel. no. +421 903 892 965 (hereinafter referred to as the “Seller”), and a natural person or legal entity who, through the website https://www.gams-shop.com (hereinafter referred to as the “Website”), purchases goods (hereinafter referred to as the “Buyer”) offered by the Seller, and who concludes a purchase agreement with the Seller through the Website, the subject of which is the Seller's obligation to deliver the goods to the Buyer and the Buyer's obligation to take delivery of the goods and pay the purchase price therefor, including transport costs and any costs associated with payment, of which the Buyer is duly informed in advance on the Website (hereinafter referred to as the “Purchase Agreement”). For the purposes of these Terms and Conditions, goods mean tangible products and items offered for sale and published by the Seller on the Website.

1.2 The contractual relationship established by the Purchase Agreement between the Seller, who is a trader within the meaning of Section 52(3) of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), and the Buyer, who is a consumer within the meaning of Section 52(4) of the Civil Code, is governed by the provisions of the Civil Code, in particular Sections 52 et seq. and Sections 612 et seq. of the Civil Code, as well as by these Terms and Conditions and by Act No. 108/2024 Coll. on Consumer Protection and on Amendment and Supplementation of Certain Acts, as amended (hereinafter referred to as the “Consumer Protection Act”), and other applicable generally binding legal regulations of the Slovak Republic.

1.3 The contractual relationship established by the Purchase Agreement between the Seller and the Buyer, who is not a consumer, is governed by these Terms and Conditions, except for Articles 6, 7 and 8 of the Terms and Conditions, which shall not apply to the contractual relationship between the Seller and the Buyer who is not a consumer. The rights and obligations of the Seller and the Buyer who is not a consumer, which are not regulated by these Terms and Conditions, shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended, and other applicable generally binding legal regulations of the Slovak Republic.

Article 2

Conclusion of the Purchase Agreement

2.1 The proposal to conclude the Purchase Agreement must be sent by the Buyer exclusively through the electronic form located on the Website (hereinafter referred to as the “order”). In the order, the Buyer shall specify the quantity and type of goods, the method of delivery and the method of payment. The Buyer is obliged to state in the order the first and last name, telephone number, billing address, which is also the delivery address unless the Buyer expressly states another delivery address, and, where applicable, e-mail address, and is simultaneously obliged to select the method of delivery and the method of payment. If the Buyer is a legal entity, the Buyer shall also provide details to the extent of business name, Company ID No., Tax ID No., and, if the Buyer is a VAT payer, VAT ID No. as well. By clicking on the icon “bindingly order”, the Buyer sends the order to the Seller. The Buyer has the opportunity to review the order and, if necessary, correct it before submitting it.

2.2 The order placed by the Buyer is binding. The Seller is obliged to send the Buyer confirmation of receipt of the order by e-mail to the e-mail address stated in the order form within 72 hours of the Buyer sending the order to the Seller. The Purchase Agreement is concluded at the moment the Buyer receives confirmation of receipt of the order from the Seller.

2.3 From the time of publication of the goods on the Website, the Seller is bound by the Terms and Conditions of their sale.

2.4 The electronic address for electronic communication in connection with the rights and obligations of the parties under the Purchase Agreement, in particular, but not exclusively, in connection with asserting rights arising from liability for defects in the product, withdrawal from the Purchase Agreement, submitting a request for remedy, or submitting any other submission, is: gams-shop@anj.group.

Article 3

Purchase Price, Costs of Delivery of Goods

3.1 The contracting parties have agreed that the Buyer purchases the goods from the Seller at the price stated on the Website at the time the order is sent to the Seller as the purchase price of the goods.

3.2 Unless otherwise specified, the prices referred to in Section 3.1 of the Terms and Conditions do not include transport costs or cash-on-delivery charges. The Buyer is informed in the order of all costs and fees that the Buyer is obliged to pay to the Seller.

3.3 By sending the order, the Buyer undertakes to pay the Seller the final price. The final price of the order consists of the price of the ordered goods, the costs of delivery of the goods, the costs of cash-on-delivery payment, and the applicable VAT (hereinafter referred to as the “Final Price”). The Final Price, including its individual items, is displayed to the Buyer before the order is submitted within the electronic order form. The Seller does not charge the Buyer any fee for the use of a payment instrument.

3.4 The costs of delivery within the Slovak Republic and the Czech Republic, and cash-on-delivery payment within the Slovak Republic and the Czech Republic, are published on the Website in the section “Information”, subsection “Shipping and Payment”, at the following website https://gams-shop.com/stranka/doprava-a-platba. At the same time, the Buyer is informed of the amount of delivery costs and cash-on-delivery charges before submitting the order within the electronic order form.

3.5 The Buyer shall pay the Final Price of the order by the method selected in the order, namely:

cash on delivery, or
by card payment, or
by bank transfer to the Seller's account.

3.6 The Final Price in the case of cash on delivery is payable upon receipt of the goods. The Final Price is payable in the case of card payment and in the case of payment by bank transfer to the Seller's account within 72 hours of the Buyer sending the order to the Seller. The Final Price is deemed paid on the day the funds are credited to the Seller's account. If the Final Price in the case of card payment and in the case of payment by bank transfer to the Seller's account is not paid within 72 hours of the Buyer sending the order to the Seller, the Purchase Agreement shall be cancelled, whereby the Seller's obligation to deliver the goods to the Buyer on the basis of the order shall cease, the Buyer's obligation to pay the Final Price shall cease, and the right to delivery of the goods shall also cease.

3.7 The invoice, which also serves as the delivery note, tax document and proof of purchase, will be delivered to the Buyer in the package together with the goods.

Article 4

Delivery of Goods

4.1 The place of delivery (hereinafter referred to as the “destination”) is determined according to the Buyer's order. Transport to the destination within the Slovak Republic and the Czech Republic is arranged by the Seller at the Buyer's request in the order form.

4.2 In the case of cash on delivery pursuant to Section 3.5(a) of the Terms and Conditions, the Seller shall hand over the ordered goods to the carrier for transport no later than 3 working days from the day the Buyer's order is delivered to the Seller, and simultaneously undertakes to deliver the goods no later than 7 working days from the day the Buyer's order is delivered to the Seller.

4.3 In the case of payment by card or to the Seller's account pursuant to Section 3.5(b) and (c) of the Terms and Conditions, the Seller shall hand over the ordered goods to the carrier for transport no later than 3 working days from the day the Final Price is paid, and simultaneously undertakes to deliver the goods no later than 10 working days from the day the Buyer's order is delivered to the Seller.

4.4 The Buyer is obliged to take delivery of the goods in good time and properly. The goods are delivered at the moment they are taken over by the Buyer or a person designated by the Buyer. Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging, tape, or seal, and to report any damage to the packaging of the goods or to the tape or seal immediately to the courier or other person delivering the goods. In the event of a discrepancy between the delivered goods and the order, or in the event of obvious defects in the goods, the Buyer is obliged to note this fact in writing on the delivery note.

4.5 If damage or partial loss of the goods is not obvious upon receipt, the Buyer is obliged to notify the Seller and the carrier of the damage without undue delay, but no later than within three (3) working days from the day of delivery of the goods.

4.6 Delivery is made in packaging ensuring the Buyer's discretion.

Article 5

Liability for Damage to Goods, Retention of Title

5.1 The risk of accidental destruction, accidental deterioration and loss of the goods passes to the Buyer at the moment of delivery of the goods at the destination.

5.2 Title to the goods passes to the Buyer upon delivery of the goods.

Article 6

Warranty, Defects in Goods, Complaints, Service

6.1 The Seller shall be liable for any defect present in the sold goods at the time of delivery and which appears within two years from delivery of the goods. The Seller provides a warranty period of twenty-four (24) months for the goods. Food products must retain their quality and safety for consumption until the expiration date or minimum durability date marked on the packaging of the goods.

6.2 The Buyer may exercise rights arising from liability for defects only if the defect is notified within two months from the discovery of the defect, and no later than the expiry of the Seller's liability period for defects. The defect may be notified by means of distance communication at the address of the registered office or at the address stated in Section 2.4 of the Terms and Conditions. The Seller shall provide the Buyer with written confirmation of the notification of the defect immediately after the defect is notified by the Buyer. If the Seller rejects liability for defects, it shall notify the Buyer of the reasons for such rejection in writing. If the Buyer proves the Seller's liability for the defect by an expert opinion or professional statement issued by an accredited person, authorized person or notified person, the Buyer may notify the defect repeatedly and the Seller may not reject liability for the defect

6.3 The warranty does not apply to defects in the goods caused by use contrary to the intended purpose or to the instructions stated in the user manual, mechanical damage, exposure of the goods to dangerous effects of thermal and/or electromagnetic radiation, effects of weather and environmental conditions (humidity, dust, direct sunlight, vibrations), mechanical damage and unauthorized interference with the goods.

6.4 When asserting claims arising from liability for defects, the Buyer is obliged to submit proof of purchase of the goods (invoice) and notify the essence of the defect in writing. The Buyer is obliged to hand over the goods together with accessories. In the case of sending the goods, the Buyer is obliged to take all measures necessary to protect the goods from damage during transport.

6.5 The Buyer has the right to choose whether the defect shall be remedied by replacement of the goods or by repair of the goods. The Buyer may not choose a method of remedying the defect that is impossible or that would, compared with the other method, cause the Seller unreasonable costs taking into account all circumstances, in particular the value the goods would have without the defect, the seriousness of the defect, and whether the other method of remedy would cause the Buyer significant inconvenience. The Seller may refuse to remedy the defect if repair or replacement is not possible or if it would require unreasonable costs taking into account all circumstances, including the circumstances referred to in the preceding sentence of this Section 6.5 of the Terms and Conditions. The Seller shall repair or replace the goods within a reasonable time after the Buyer has notified the defect, free of charge, at the Seller's own expense and without causing serious inconvenience to the Buyer, taking into account the nature of the goods and the purpose for which the Buyer required the goods. For the purpose of repair or replacement, the Buyer shall send the goods to the Seller at the registered office address. The costs of taking over the item shall be borne by the Seller. The Seller shall deliver the repaired goods or replacement goods to the Buyer at its own expense, by the same or a similar method by which the Buyer delivered the defective goods, unless the parties agree otherwise.

6.6 The Buyer has the right to an appropriate discount from the purchase price or may withdraw from the Purchase Agreement under the conditions set out in Section 624 of the Civil Code.

6.7 If the Seller determines (by testing) that the claimed product is not defective or does not meet the manufacturer's criteria for a warranty claim, the claim shall be considered unjustified and the claimed product will be returned to the Buyer.

Article 7

Withdrawal from the Purchase Agreement

7.1 In the event that the Seller is unable to fulfil the Purchase Agreement or any part thereof because the goods ordered by the Buyer cannot be delivered, the Seller is obliged to inform the Buyer immediately, and in such case the Buyer and the Seller are entitled to withdraw from the Purchase Agreement or any part thereof at any time. In the event of withdrawal from the Purchase Agreement or any part thereof pursuant to the preceding sentence of this paragraph of the Terms and Conditions, the Seller shall refund to the Buyer, no later than 14 calendar days, the Final Price paid for the undelivered goods to which the withdrawal from the Purchase Agreement relates. The Buyer is entitled to reimbursement of the costs incurred in ordering the goods that were not delivered to the Buyer. The Buyer's right to withdraw from the Purchase Agreement pursuant to Sections 19 to 22 of Act No. 108/2024 Coll. on Consumer Protection and on Amendment and Supplementation of Certain Acts, as amended (hereinafter referred to as the “Consumer Protection Act”), is not affected by this Section 7.1 of the Terms and Conditions and is governed in full by the provisions of the Consumer Protection Act and the below Sections 7.2 to 7.12 of the Terms and Conditions.

7.2 The Buyer has the right to withdraw from the Purchase Agreement without stating any reason within the period specified in Section 7.3 of the Terms and Conditions, except for a Purchase Agreement whose subject matter is:

a) the delivery of goods that are subject to rapid quality deterioration or spoilage;

b) the delivery of goods enclosed in protective packaging which is not suitable for return for health protection or hygiene reasons, if the protective packaging was broken after delivery;

c) the delivery of goods which, due to their nature, may become inseparably mixed with other goods after delivery.

7.3 The Buyer has the right to withdraw from the Purchase Agreement pursuant to point 7.2 of the Terms and Conditions within 14 days from the day of receipt of the goods. The Buyer may also withdraw from the Purchase Agreement before the withdrawal period begins. For the purpose of determining the moment when the period for exercising the Buyer's right of withdrawal from the Purchase Agreement begins, the goods are deemed to have been received by the Buyer at the moment when the Buyer or a third party designated by the Buyer, other than the carrier, takes delivery of all parts of the ordered goods, or if:

a) goods ordered by the Buyer in one order are delivered separately, at the moment of receipt of the goods delivered last;

b) the goods consist of several parts or pieces, at the moment of receipt of the last part or the last piece;

c) the goods are delivered repeatedly during a certain period, at the moment of receipt of the first goods.

7.4 The Buyer may exercise the right of withdrawal from the Purchase Agreement in paper form or in the form of a record on another durable medium, and if the Purchase Agreement was concluded orally, any unambiguous statement by the Buyer expressing the Buyer's intention to withdraw from the Purchase Agreement shall suffice for the exercise of the Buyer's right of withdrawal from the Purchase Agreement (hereinafter referred to as the “notice of withdrawal from the Purchase Agreement”). The Buyer may use the model withdrawal form found at https://gams-shop.com/stranka/odstupenie-od-kupnej-zmluvy. The period for withdrawal from the Purchase Agreement pursuant to Section 7.3 of the Terms and Conditions shall be deemed preserved if the Buyer sends the notice of withdrawal from the contract to the Seller no later than on the last day of the period. The Seller recommends sending the notice of withdrawal from the Purchase Agreement to the Seller's electronic address gams-shop@anj.group .

7.5 In case of doubt as to delivery, the notice of withdrawal from the Purchase Agreement sent by the Buyer shall be deemed delivered upon the expiry of a period appropriate to the method of delivery used, if the Buyer can prove that the notice of withdrawal from the Purchase Agreement was sent to the address notified to the Buyer by the Seller pursuant to § 5(1)(b) or § 15(1)(a) to (c) of the Consumer Protection Act, or to another address notified to the Buyer by the Seller after the conclusion of the Purchase Agreement. The notice of withdrawal from the Purchase Agreement shall be deemed delivered on the date it is sent to the Seller at the address referred to in the first sentence of this Section 7.5 of the Terms and Conditions, if the postal consignment containing the notice of withdrawal from the Purchase Agreement cannot be delivered to the Seller for reasons envisaged by Act No. 324/2011 on Postal Services and on Amendment and Supplementation of Certain Acts, as amended.

7.6 The Buyer may withdraw from the Purchase Agreement only in relation to a specific good or goods if the Seller has delivered or provided several goods under the Purchase Agreement.

7.7 The Buyer is obliged, within 14 days from the day of withdrawal from the Purchase Agreement pursuant to Section 7.2 of the Terms and Conditions, to send the goods back or hand them over to the Seller or to a person designated by the Seller to take over the goods; this does not apply if the Seller proposes to collect the goods personally or through a person designated by the Seller. The period for returning the goods referred to in the preceding sentence of this Section 7.7 of the Terms and Conditions shall be deemed preserved if the Buyer sends the goods to the Seller no later than the last day of this period.

7.8 When withdrawing from the Purchase Agreement pursuant to Section 7.2 of the Terms and Conditions , the Buyer shall bear only the costs of returning the goods to the Seller or to a person designated by the Seller to take over the goods, including the costs of returning goods which, due to their nature, cannot be returned by post.

7.9 The Buyer shall be liable for any decrease in the value of the goods resulting from handling the goods beyond what is necessary to ascertain the nature and functioning of the goods.

7.10 The Seller shall refund to the Buyer, within 14 days from the day of receipt of the notice of withdrawal from the Purchase Agreement, all payments received from the Buyer on the basis of or in connection with the Purchase Agreement, including transport, delivery, postage and other costs and fees, except for the costs pursuant to Section 7.8 of the Terms and Conditions, always to the extent corresponding to the withdrawal from the Purchase Agreement if the Buyer has not withdrawn from the entire Purchase Agreement. The Seller is not obliged to reimburse the Buyer for additional costs if the Buyer expressly chose a delivery method other than the least expensive standard delivery method offered by the Seller. Additional costs mean the difference between the delivery costs chosen by the Buyer and the costs of the least expensive standard delivery method offered by the Seller.

7.11 In the event of withdrawal from the Purchase Agreement pursuant to Section 7.2 of the Terms and Conditions, the Seller is not obliged to refund the Buyer payments pursuant to Section 7.10 of the Terms and Conditions before the goods are delivered to the Seller, or until the Buyer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods personally or through a person designated by the Seller.

7.12 The Seller shall refund the Buyer the payments pursuant to Section 7.10 of the Terms and Conditions by the same method used by the Buyer for payment; this shall be without prejudice to the Seller's right to agree with the Buyer on another method of refund, for which no fee shall be charged to the Buyer.

Article 8

Alternative Dispute Resolution and Supervisory Authority

8.1 If a dispute arises between the Buyer and the Seller from the exercise of rights arising from liability for defects, or if the Buyer believes that the Seller has infringed other rights of the Buyer, the Buyer has the right to submit a request for remedy to the Seller by e-mail to gams-shop@anj.group or in writing to the Seller's registered office address. If the Seller responds negatively to a request for remedy submitted by the Buyer as a consumer or fails to respond to it within 30 days from the date of its submission, the Buyer has the right, pursuant to Section 11(3) of Act No. 391/2015 on Alternative Resolution of Consumer Disputes and on Amendment and Supplementation of Certain Acts, as amended (hereinafter referred to as the “Alternative Dispute Resolution Act”), to submit a proposal to initiate alternative dispute resolution; this does not affect the possibility of turning to a court. The Buyer may submit a proposal to initiate alternative dispute resolution in the manner determined under Section 12 of the Alternative Dispute Resolution Act, for example to the Slovak Trade Inspection as an alternative dispute resolution entity, further information about which can be found at www.soi.sk. The Seller shall also inform the Buyer on a durable medium about the relevant alternative dispute resolution entities if the Seller has responded negatively to the Buyer's request for remedy.

8.2 The Buyer may also submit a complaint via the RSO alternative dispute resolution platform, which is available online at https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase. A complaint through the platform may be submitted by a Buyer residing in the EU, Norway, Iceland or Liechtenstein. The costs associated with alternative dispute resolution, except for the costs pursuant to Section 15(9) of the Alternative Dispute Resolution Act, shall be borne separately by each party to the dispute without the possibility of reimbursement.

8.3 Supervision of compliance with the Seller's obligations as a trader is carried out in accordance with Section 26 of the Consumer Protection Act by the Slovak Trade Inspection, SOI Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava 1, Supervision Department, electronic address: tt@soi.sk, tel. no. 033/321 25 27, 033/321 25 21.

Article 9

Personal Data Protection

9.1 The Seller undertakes to process and protect personal data provided by the Buyer in accordance with generally binding legal regulations, in particular Act No. 18/2018 Coll. on Personal Data Protection and on Amendment and Supplementation of Certain Acts, as amended, and 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, repealing Directive 95/46/EC (General Data Protection Regulation).

9.2 The conditions for the protection of personal data by the Seller as the controller are specified on the Website in the Personal Data Protection section, specifically at https://gams-shop.com/stranka/ochrana-osobnych-udajov.

9.3 The personal data provided by the Buyer in the order are processed by the Seller for the purpose of fulfilling the rights and obligations arising from the Purchase Agreement in accordance with the Personal Data Protection Conditions, of which the Seller informs the Buyer on the Website before the order is submitted. Before submitting the order, the Buyer is entitled to express consent/non-consent to the processing of the Buyer's personal data for the purpose of receiving marketing offers from the Seller as the operator of the Website and for sending a satisfaction questionnaire within the “Verified by Customers” programme, which helps improve the services provided by the Seller.

Article 9.1

Transfer of E-mail Addresses to Third Parties (Heureka – Verified by Customers)

Our online store is enrolled in the “Heureka – Verified by Customers” programme, which enables us to obtain customer feedback after an order has been placed.
For this purpose, the customer's e-mail address provided when placing the order may be transferred to Heureka Group a.s., with its registered office at Karolinská 706/3, 186 00 Prague 8 – Karlín, Czech Republic, Company ID No.: 078 22 774, registered in the Commercial Register kept by the Municipal Court in Prague, Section B, File No. 24131, and this is done exclusively for the purpose of sending a questionnaire regarding purchase satisfaction.

This processing is carried out on the basis of our legitimate interest in improving the quality of services and customer care.
The customer has the option to refuse at any time further questionnaires by clicking on the link in the footer of the questionnaire e-mail.

Personal data are not provided to any further third parties and are processed in accordance with Heureka's personal data protection principles, available at:
https://www.heureka.sk/napoveda/zasady-ochrany-osobnych-udajov/

Article 10

Final Provisions

10.1 The Terms and Conditions shall enter into force on 13.03.2025, when they were published on the Website. These Terms and Conditions form an inseparable part of the Purchase Agreement.

10.2 The Purchase Agreement is binding and may be amended or cancelled only by agreement between the Seller and the Buyer, unless these Terms and Conditions provide otherwise, or unless the generally binding legal regulations governing the contractual relationship between the Seller and the Buyer provide otherwise.

10.3 The statements on this Website may not comply with the recommendations of health institutions in your country. In no event shall the Seller be liable for damage caused by improper use or storage of the goods. The use and application of the goods is at the Buyer's own risk.

10.4 A Buyer who is not a consumer may not withdraw from a Purchase Agreement the subject matter of which is the sale of goods:

a. subject to rapid deterioration in quality or spoilage;

b. enclosed in protective packaging which is not suitable for return for health protection or hygiene reasons and whose protective packaging was broken after delivery;

c. which, due to their nature, may become inseparably mixed with other goods after delivery.

10.5 The Buyer acknowledges that the Seller shall not be liable for defects in the goods that were caused solely as a result of the actions or omissions of the Buyer.

10.6 The Buyer acknowledges that defects arising from improper use/application, storage or other handling contrary to the Seller's instructions and the information stated in the package leaflets are not considered defects in the goods, and the Seller is not liable for the contents of package leaflets accompanying the goods as provided by the manufacturer of the goods.

10.7 The Seller is not liable for reduced effects or properties of the goods presented in the description of the goods on the Website or in the leaflet enclosed with the goods, if this is caused in particular by:

a. use or application of the goods contrary to the recommendation or instructions enclosed with the goods or stated on the Website,

b. the Buyer's health condition and its reaction, mental state, lifestyle, hygienic habits and overall way of life.

10.8 In the event of any dispute arising from the Purchase Agreement or a dispute concerning its validity or termination between the Seller and a Buyer who is not a consumer, the Seller and the Buyer who is not a consumer undertake to resolve such dispute by mutual negotiation prior to court proceedings. If the dispute cannot be settled by mutual negotiation, the courts of the Slovak Republic shall have jurisdiction to resolve disputes between the Seller and the Buyer who is not a consumer arising in connection with this Purchase Agreement.

10.9 If any provision of these Terms and Conditions is invalid or unenforceable, or becomes so, this shall not affect the validity and enforceability of the remaining provisions if such provision can be severed from these Terms and Conditions as a whole. The Seller and the Buyer shall make every effort to replace such provision with a new one that is as similar as possible in content and effect to the invalid or unenforceable provision.

10.10 By placing a binding order, the Buyer confirms that they accept the Terms and Conditions for delivery of goods published by the Seller on the Website, and that they have been informed of the Product Notice published on the Website.