Terms of service

1. GENERAL PROVISIONS

These Terms and Conditions govern the rights and obligations of the contracting parties arising from a purchase agreement concluded between:

BENOK s.r.o., Company ID (IČO): 55388744
Registered office: Hviezdoslavova 152/49, 97201 Bojnice, Slovak Republic
Registration: Commercial Register of the District Court Trenčín, Section: Sro, Insert No. Sro/45184/R
(hereinafter referred to as the “Seller”)

and the Buyer, who may be either a consumer or an entrepreneur.

These Terms and Conditions apply to the sale of goods through the Seller’s website at www.thelovechocolate.com where the subject of sale mainly includes:

  • chocolate with aphrodisiac ingredients.

1.1 Integral Part of the Agreement

These Terms and Conditions are binding for both parties and form an integral part of each purchase agreement.

1.2 Supplementary Agreement

A supplementary agreement is considered to be any agreement that adds to or expands this main agreement – for example, in the case of gifts, additional services, or special modifications.

1.3 Prices

All prices stated on the Seller’s website are final and include VAT according to Slovak legislation. They do not include shipping costs or additional services, which are charged separately.

1.4 Price Changes

The Seller reserves the right to change product prices at any time. This change does not apply to already concluded orders.

1.5 Risk of Use

The use of products (especially intimate or dietary supplements) may pose health or safety risks. The Buyer is obliged to carefully read the instructions for use. The Seller is not liable for damages caused by improper use.

1.6 Product Testing

Before first use, products are recommended to be tested. In case of doubts about safety, it is advised not to use the product and to contact the Seller.

1.7 Liability

The Seller is not liable for indirect damages caused by the use of goods – to the fullest extent permitted by law.

1.8 Limitation of Liability

The maximum amount of liability for damage is limited to three times the value of the purchased goods.

1.9 Illustrative Photos

Product images on the website are illustrative and may differ slightly (e.g. packaging), but this does not affect the functionality or quality.

2. CONCLUSION OF THE PURCHASE AGREEMENT

2.1 Ordering Process

The contract is concluded by filling in the order form on the Seller’s website. By submitting the order, the Buyer confirms that they have read and agree with the Terms and Conditions.

2.2 Order Confirmation

After submitting the order, the Buyer will receive an automatic email confirming receipt. The contract is formed only upon acceptance of the order by the Seller.

2.3 Content of Acceptance

Acceptance contains: product name, quantity, price, expected delivery time, shipping method, and Seller’s details.

2.4 Contract Archive

The contract is stored electronically and is available to the Buyer upon request.

3. RIGHTS AND OBLIGATIONS OF THE SELLER

3.1 Obligations of the Seller:

  • to deliver goods on time, in the agreed quantity and quality,

  • to pack and secure goods for transport,

  • to provide the Buyer with all necessary documents (instructions, invoice, warranty card).

3.2 Unavailability of Goods

If the order cannot be fulfilled (e.g. out of stock), the Seller will offer a replacement or allow the Buyer to withdraw from the contract. In the case of advance payment, the amount will be refunded within 14 days.

4. RIGHTS AND OBLIGATIONS OF THE BUYER

4.1 Obligations of the Buyer:

  • to pay the agreed price,

  • to accept the goods.

4.2 Rights of the Buyer:

  • to proper delivery of goods,

  • to file a complaint in case of defects,

  • to withdraw from the contract within legal deadlines (if applicable to the goods).

5. DELIVERY AND PAYMENT TERMS

5.1 Availability and Delivery

Availability is stated for each product. Delivery usually takes 1–5 business days, but no longer than 30 days unless otherwise agreed.

5.2 Shipping Methods:

EU Countries: Packeta/GLS/InPost/FedEx/UPS

5.3 Shipping Costs

Shipping costs are shown in the order form. For international deliveries, costs are calculated based on the destination country and delivery method.

5.4 Obligation to Accept Goods

The Buyer is obliged to accept the parcel. If not accepted, the Seller reserves the right to charge transport and handling costs.

6. PURCHASE PRICE AND PAYMENT TERMS

6.1 Prices

Prices on the website are final including VAT according to Slovak law, except in EU countries where the OSS (One Stop Shop) regime applies – in which case the VAT rate of the destination country applies.

6.2 Payment Methods

  • Online payment by card (via payment gateway).

6.3 Payment Validity

Payment is considered completed when the full amount is credited to the Seller’s account.

7. OWNERSHIP AND RISK OF DAMAGE

7.1 Ownership Transfer

The Buyer becomes the owner of the goods only after full payment of the purchase price.

7.2 Transfer of Risk

The risk of damage or loss passes to the Buyer at the moment of receipt of goods.

8. COMPLAINT PROCEDURE

8.1 Liability for Defects

The Seller is liable for defects present at delivery or that appear within the warranty period.

8.2 Warranty Period

The standard warranty is 24 months, unless the law provides otherwise.

8.3 Filing Complaints

Complaints can be filed by email at info@thelovechocolate.com or in writing to the Seller’s registered office.

8.4 Complaint Solutions

  • Product repair

  • Product replacement

  • Refund

  • Reasonable discount

8.5 Warranty Exclusions

The warranty does not cover defects caused by:

  • improper use,

  • mechanical damage,

  • normal wear and tear,

  • hygienic and intimate products that have been used.

9. PERSONAL DATA PROTECTION (GDPR)

9.1 Data Controller

BENOK s.r.o. processes personal data in accordance with GDPR (EU Regulation 2016/679) and Slovak Act No. 18/2018 Coll.

9.2 Purpose of Processing

  • order fulfillment,

  • invoicing,

  • delivery of goods,

  • marketing (only with consent).

9.3 Categories of Data

  • Name, surname

  • Address

  • Phone number

  • Email

  • Company ID, VAT ID (for companies)

9.4 Rights of Data Subjects

The Buyer has the right:

  • to access their data,

  • to correct or delete,

  • to restrict processing,

  • to data portability,

  • to file a complaint with the Office for Personal Data Protection.

9.5 Data Protection Policy

Detailed rules are published in a separate document “Privacy Policy” available on the Seller’s website.

10. WITHDRAWAL FROM THE PURCHASE AGREEMENT

10.1 Right of Withdrawal

The Buyer – consumer – has the right to withdraw from the contract within 14 days from the date of receipt of goods without giving any reason.

10.2 Exceptions – withdrawal is not possible for:

  • custom-made goods,

  • goods in protective packaging opened after delivery (e.g. lubricants, underwear),

  • food and chocolate intended for direct consumption (after opening/consumption),

  • goods subject to rapid deterioration or reduced quality (e.g. intimate cosmetics).

10.3 Returning Goods

Goods must be undamaged, unused, and in original packaging. The Buyer bears the return costs.

10.4 Refund

Refunds will be made by the same method as the payment (unless otherwise agreed) within 14 days.

11. GOVERNING LAW AND JURISDICTION

These Terms and Conditions and all contractual relationships are governed by the laws of the Slovak Republic. Disputes shall be resolved before the competent Slovak court, unless the Buyer’s national law stipulates otherwise.

12. ALTERNATIVE DISPUTE RESOLUTION (ADR)

The Buyer has the right to turn to an ADR body, e.g. the Slovak Trade Inspection.

ADR conditions:

  • The dispute must have a value of at least €250.

  • ADR applies only to consumers (not entrepreneurs).

  • The maximum fee for filing is €20.

13. SHIPPING AND VAT FOR INTERNATIONAL SALES

13.1 We deliver to:

  • Slovakia – by courier or Packeta

  • Czech Republic – Packeta / Zásilkovna

  • Other EU countries – depending on carrier choice

  • Outside EU – by agreement

13.2 VAT

  • Within Slovakia, VAT is 23%. Selected foodstuffs are taxed at 19%.

  • Within the EU, local VAT rates apply according to the customer’s country under OSS regime.

14. FINAL PROVISIONS

These Terms and Conditions are effective from the date of publication.

The Seller reserves the right to amend them, with the new wording published on the website.

Before submitting an order, the Buyer is required to confirm agreement with the Terms and Conditions by ticking a checkbox.