General Terms & Conditions

This English version is provided for convenience. If it differs from the Slovak version, the Slovak version prevails.Note: This document is for information purposes only. We recommend having it legally reviewed before relying on it as binding. The operator and seller is TMB CAPITAL s. r. o., Company ID (IČO): 57 256 730, with its registered office at Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto.

1. Introductory provisions and the seller

These general terms and conditions (the “terms and conditions”) govern the rights and obligations of the contracting parties arising from a purchase contract concluded between the seller and the buyer through the SMOUKS online shop operated at smouks.sk (the “online shop”).

Seller and operator:

• Business name: TMB CAPITAL s. r. o.
• Registered office: Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto
• Company ID (IČO): 57 256 730
• Tax ID (DIČ): 2122632160
• VAT ID (IČ DPH): SK2122632160 (VAT payer)
• Register entry: Business Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 192467/B
• Email: info@smouks.sk
• Phone: +421 951 981 839

The buyer is a natural or legal person who, by submitting an order, expresses an interest in purchasing goods offered by the seller. A consumer is a natural person who, when concluding and performing the purchase contract, is not acting within the scope of their business, employment or profession.

2. Age restriction

The goods offered in the online shop are intended exclusively for persons over 18 years of age. The sale of goods to persons under 18 is prohibited.

• By submitting an order, the buyer expressly confirms that they have reached the age of 18 and have full legal capacity.
• The seller is entitled to ask the buyer to verify their age on handover of the goods or at any time while the order is being processed and, in the event of reasonable doubt, not to fulfil the order.
• The goods are not intended for sale to minors, and the buyer is responsible for ensuring that persons under 18 do not come into contact with the goods.

3. Intended use of the goods

All goods offered in the online shop are reserved exclusively for laboratory purposes and for further testing and observation. The goods are not intended for internal use or human consumption.

• The goods are not placed on the market as food within the meaning of Article 2 of Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, nor under Act No. 152/1995 Coll. on foodstuffs. Cannabinoids are not an authorised novel food under Article 6(2) of Regulation (EU) 2015/2283 on novel foods in conjunction with Implementing Regulation (EU) 2017/2470.
• The goods are intended for scientific research, development, testing and observation within the meaning of Article 3(23) of Regulation (EC) No 1907/2006 (REACH).
• By submitting an order, the buyer expressly confirms that they will not use the goods for internal use or human consumption, will not make them available to a third party for such use, and assumes full responsibility for any use of the goods contrary to their intended purpose under these terms and conditions.
• Keep the goods out of the reach of children and minors.

4. Orders and conclusion of the purchase contract

The buyer creates an order by adding the selected goods to the shopping cart and completing the ordering process at checkout. Before submitting the order, the buyer can check and amend the details entered.

• By submitting the order, the buyer confirms that they have read and agree to these terms and conditions.
• The purchase contract is concluded at the moment the seller sends confirmation of receipt of the order to the buyer’s email address.
• The seller reserves the right not to confirm an order if the goods are sold out or in the event of an obvious error in the price or description of the goods; in such a case, the seller will inform the buyer without delay.

5. Prices and value added tax

All prices stated in the online shop are final and include value added tax (VAT) at the rate of 23%. The price of the goods is the price valid at the moment the order is submitted. The shipping price for the chosen delivery method is added to the price of the goods and is shown at checkout before the order is completed.

6. Payment terms

The seller accepts the following methods of payment for an order:

• online card payment,
• bank transfer to the seller’s account (IBAN: SK09 8330 0000 0022 0355 0095) stated in the order confirmation,
• cash on delivery on receipt of the parcel.

For card payment or bank transfer, the goods are dispatched only once the full amount of the order has been credited to the seller’s account.

7. Delivery terms and shipping

Goods in stock are usually dispatched by the seller within two working days of the order being confirmed or of the payment being credited to the account. The buyer is informed by email when the parcel has been dispatched, usually together with a tracking number.

The seller offers the following delivery methods:

• delivery to a Packeta pick-up point,
• delivery by courier to the address stated in the order,
• in-store pickup by arrangement with the seller.

The shipping price and the delivery options currently available are shown at checkout before the order is completed. Shipping is free on orders over €50.

8. Withdrawal from contract

A buyer who is a consumer has the right to withdraw from the purchase contract without giving any reason within 14 days of receiving the goods. Details, conditions and a model form can be found on the Withdrawal from contract page.

9. Complaints and warranty

The seller is liable for defects in the goods for 24 months from receipt of the goods by a buyer who is a consumer. The rights and obligations of the contracting parties regarding liability for defects in goods, as well as the procedure for making a complaint, are governed by the Complaints Policy.

10. Personal data protection

The processing of the buyer’s personal data is governed by the Privacy Policy and the Cookie Policy.

11. Supervisory authority

The authority supervising the seller’s compliance with its consumer protection obligations is the Slovak Trade Inspection (SOI):

Slovak Trade Inspection (SOI) Inspectorate for the Bratislava Region, Bajkalská 21/A, P. O. BOX č. 5, 820 07 Bratislava 27, Supervision Department

12. Alternative dispute resolution

A buyer who is a consumer has the right to contact the seller with a request for redress if they are not satisfied with the way the seller has handled their complaint or if they believe that the seller has violated their rights. If the seller rejects the request or does not respond to it within 30 days, the consumer has the right to submit a proposal to initiate alternative dispute resolution (ADR) to the competent alternative dispute resolution body.

To submit a proposal, the consumer may also use the European online dispute resolution (ODR) platform available at https://ec.europa.eu/consumers/odr.

13. Final provisions and contact

These terms and conditions take effect on the date of their publication. The seller reserves the right to amend them; an order is governed by the version in effect at the time it is submitted. Matters not covered by these terms and conditions are governed by the laws of the Slovak Republic, in particular the Civil Code and the Act on consumer protection in the sale of goods or provision of services under a distance contract.

If you have any questions, contact us by email at info@smouks.sk, by phone on +421 951 981 839 or via our Contact page.