Withdrawal from contract

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 and is based on the actual details of the operator TMB CAPITAL s. r. o. (Company ID (IČO): 57 256 730, registered office at Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto). We recommend having it legally reviewed before relying on it as binding.

Seller: TMB CAPITAL s. r. o., Company ID (IČO): 57 256 730, Tax ID (DIČ): 2122632160, VAT ID (IČ DPH): SK2122632160 (VAT payer), with its registered office at Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto, registered in the Business Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 192467/B. Contact: info@smouks.sk, tel. +421 951 981 839 (the “seller”).

This information applies to a buyer who is a consumer within the meaning of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or an off-premises contract. Related provisions can be found in the Terms & Conditions.

1. Right of withdrawal

The consumer has the right to withdraw from the purchase contract without giving any reason within 14 days. The withdrawal period expires 14 days after the day on which the consumer, or a third party designated by the consumer (other than the carrier), takes possession of the goods.

If goods ordered by the consumer in a single order are delivered separately, the withdrawal period runs from the day of receipt of the goods delivered last.

2. How to withdraw from the contract

To exercise the right of withdrawal, the consumer must inform the seller of their decision to withdraw from this contract by an unequivocal statement, either:

• by letter sent to the seller’s registered office: TMB CAPITAL s. r. o., Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto, or
• by email to info@smouks.sk.

For this purpose, the consumer may use the model withdrawal form in article 5 below, but its use is not mandatory.

The withdrawal deadline is met if the consumer sends the notice of exercise of the right of withdrawal before the withdrawal period has expired.

3. Effects of withdrawal

The consumer must send the goods back or hand them over to the seller no later than 14 days from the day on which they exercised the right of withdrawal. The deadline is met if the consumer sends the goods back before the 14-day period has expired. The consumer sends the goods to the seller’s registered office: TMB CAPITAL s. r. o., Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto.

• The consumer bears the direct cost of returning the goods.
• We recommend returning the goods unused where possible, complete and in their original packaging. The consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the characteristics and functioning of the goods.

The seller must, without undue delay and no later than 14 days from the day on which it receives the notice of withdrawal, refund to the consumer all payments received from the consumer under or in connection with the contract, including the costs of transport, delivery and postage and other costs and charges. The seller is not required to reimburse the consumer for additional costs if the consumer expressly chose a delivery method other than the least expensive standard delivery method offered by the seller.

The seller will refund the consumer using the same means of payment that the consumer used for their payment, unless the consumer has expressly agreed to a different means of payment, and without charging any further fees. The seller is not obliged to refund payments to the consumer until the goods have been delivered to it or the consumer has proven that the goods have been sent back to the seller, whichever occurs first.

4. Exceptions to the right of withdrawal

In accordance with Section 7(6) of Act No. 102/2014 Coll., the consumer cannot withdraw from a contract whose subject is, in particular:

• the sale of goods sealed in protective packaging which are not suitable for return for health protection or hygiene reasons and whose protective packaging has been broken after delivery (for example vaping products, mouthpieces, disposable vaporisers and similar hygienically packaged goods),
• the sale of goods that are liable to deteriorate or spoil rapidly,
• the sale of goods which, after the contract was concluded and the goods were received by the consumer, have been mixed with other goods so that they can no longer be separated.

Given the nature of part of our range (flowers, neo-cannabinoid and botanical products, kratom and the like), the right of withdrawal may be excluded for the hygiene and quality reasons stated above. The consumer is also informed of this in the Terms & Conditions.

5. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract. The form can be sent by post or by email.)

The legally authoritative wording of this form is the Slovak one, in article 5 of the Slovak version of this page. You may use either form.

To:
TMB CAPITAL s. r. o.
Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto
Email: info@smouks.sk

I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods:

• Description of the goods: …………………………………………………
• Order / invoice number: …………………………………………………
• Ordered on: …………………………………………………
• Received on: …………………………………………………
• Consumer’s full name: …………………………………………………
• Consumer’s address: …………………………………………………
• Account number for the refund (consumer’s IBAN): …………………………………………………
• Consumer’s signature (only if this form is submitted on paper): …………………………………………………
• Date: …………………………………………………

The seller will send any refund to the account stated, or agree a different refund method with the consumer. The seller’s account number for any correspondence: SK09 8330 0000 0022 0355 0095.

6. Dispute resolution and supervision

The 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. The procedure for making a complaint is set out in the Complaints Policy.

The supervisory authority is the Slovak Trade Inspection (SOI) Inspectorate for the Bratislava Region, Bajkalská 21/A, P. O. BOX č. 5, 820 07 Bratislava 27, Supervision Department. The consumer also has the right to turn to an alternative dispute resolution body, or to use the online dispute resolution (ODR) platform available at https://ec.europa.eu/consumers/odr.

The processing of personal data in connection with withdrawal from the contract and refunds is governed by the Privacy Policy and the Cookie Policy. If you have any questions, contact us at info@smouks.sk or via our Contact page.