General Terms and Conditions

1. Basic Provisions

1.1

These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations of you as the Buyer and us as the Seller or Merchant in the sale of goods and/or the provision of digital content through the online store operated on the website https://www.kspot.sk (hereinafter referred to as the “Website”).

1.2

The Seller’s identification details are:

Business name: GreenApp s.r.o.
Registered office: Jarabinková 8D
Company ID No.: 47937181
Tax ID No.: 2024150931
VAT ID No.: SK2024150931
E-mail: info@kspot.sk
Website / E-shop: https://www.kspot.sk

(hereinafter referred to as the “Seller”)

1.3

These Terms and Conditions govern the mutual rights and obligations of the Seller and a person who enters into a purchase contract outside the scope of their business activity as a consumer or within the scope of their business activity (hereinafter referred to as the “Buyer”) through the web interface available at the website https://www.kspot.sk (hereinafter referred to as the “Online Store” or “E-shop”).

1.4

If any part of the Terms and Conditions conflicts with what we have mutually agreed upon during the process of your Order in our E-shop, such specific agreement shall prevail over these Terms and Conditions.

2. Definitions

2.1

Digital content means anything that you can purchase in the E-shop by entering into a contract for the supply of digital content and which consists of data created and delivered in digital form or a digital service that allows you to create, process, store, or access data in digital form.

2.2

Price means the financial amount you will pay for the Goods.

2.3

Delivery Price means the financial amount you will pay for the delivery of the Goods, including the costs of packaging, transport, postage, or other fees.

2.4

Total Price means the sum of the Price and the Delivery Price, including any additional costs and fees, if these could not be determined in advance.

2.5

VAT means value added tax under the applicable legal regulations.

2.6

E-shop means the online store operated by us at https://www.kspot.sk, through which the purchase of Goods takes place.

2.7

Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price.

2.8

We, the Seller, are GreenApp s.r.o., with its registered office at Jarabinková 8D, Company ID No.: 47937181, Tax ID No.: 2024150931, VAT ID No.: SK2024150931, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 100932/B, e-mail: info@kspot.sk, referred to by legal regulations as the seller and/or merchant. For the avoidance of doubt, we are not operators of an online marketplace within the meaning of Sections 16 and 17 of the Consumer Protection Act; however, if we also sell through online marketplaces, we act there as the seller/merchant.

2.9

Order means your irrevocable proposal to conclude a Contract for the purchase of Goods with us.

2.10

Entrepreneur means a person registered in the Commercial Register, carrying out business activities on the basis of a trade license, carrying out business activities on the basis of an authorization other than a trade license under special regulations, or a person engaged in agricultural production who is registered in the relevant register under a special regulation.

2.11

Consumer means a natural person who, when entering into and performing a consumer contract, is not acting within the scope of their trade, business, or other entrepreneurial activity.

2.12

Consumer Purchase Contract means a purchase contract concluded between a merchant as the seller and a Consumer as the buyer, where the subject of the purchase is any movable item, including an item with digital elements, water, gas, or electricity sold in a limited volume or in a specified quantity, even if the item is yet to be manufactured or produced, including according to the specifications of the Consumer as the buyer.

2.13

Goods means anything that you can purchase in the E-shop, including movable Goods containing Digital Content or Digital Services.

2.14

User Account means an account created on the basis of the data provided by you, which allows the storage of entered data and the keeping of the history of ordered Goods and concluded contracts, or access to and use of Digital Content supplied under a contract for the supply of digital content.

2.15

You means the person purchasing in our E-shop, referred to by legal regulations as the buyer. If you provide your Company ID No. (IČO) in the Order, you acknowledge that the provisions of these Terms and Conditions intended for Entrepreneurs shall apply to you.

2.16

Contract means a purchase contract concluded on the basis of a duly completed Order sent through the E-shop and is concluded at the moment when you receive confirmation of the Order from us. The Contract also means a contract for the purchase of goods with digital elements and a contract for the supply of digital content. If these Terms and Conditions in individual sections specifically refer to a contract for the purchase of goods with digital elements or to a contract for the supply of digital content, such special provisions shall apply only to the Goods and/or Digital Content supplied on the basis of the given contractual type.

2.17

Distance Contract means a contract between a merchant and a Consumer agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the merchant and the Consumer, in particular by using an online interface, electronic mail, telephone, addressed letter, or catalog offer.

2.18

Civil Code means Slovak Act No. 40/1964 Coll., as amended.

2.19

Consumer Protection Act means Slovak Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts.

3. General Provisions and Information

3.1

The purchase of Goods is possible only through the web interface of the E-shop at https://www.kspot.sk.

3.2

When purchasing Goods, you are obliged to provide us with all information correctly, completely, and truthfully. We will consider the information you provided when ordering Goods to be correct, complete, and truthful.

4. Order and Conclusion of the Purchase Contract

4.1

The Contract is concluded remotely through the E-shop, while the costs of using the means of communication that you use when concluding the Distance Contract shall be borne by you. These costs do not increase the Total Price of the Goods and do not differ from the basic rate, in particular for internet access. By submitting the Order, you agree to the use of means of distance communication.

4.2

The Buyer places an Order for Goods in the following ways:

through their customer account, if they have previously registered in the Online Store, or
by completing the order form without registration.

4.3

When placing the Order, the Buyer selects the Goods, the quantity, the payment method, and the delivery method.

4.4

Before submitting the Order, the Buyer is allowed to check and modify the data entered into the Order. The Buyer submits the Order to the Seller by clicking the button “Order with obligation to pay” or a button with a similar meaning.

The data stated in the Order are considered correct by the Seller. A condition for the validity of the Order is the completion of all mandatory data in the order form and the Buyer’s confirmation that they have familiarized themselves with these Terms and Conditions.

4.5

Immediately after receiving the Order, the Seller shall send the Buyer confirmation of receipt of the Order to the e-mail address provided by the Buyer when placing the Order.

The Purchase Contract is concluded only upon confirmation of the Order by the Seller, i.e. upon delivery of an e-mail to the Buyer confirming acceptance of the Order.

4.6

If the Seller is unable to fulfill any of the requirements stated in the Order, the Seller shall send the Buyer an amended offer to the Buyer’s e-mail address. The amended offer is considered a new proposal for a Purchase Contract, and in such a case the Purchase Contract is concluded upon the Buyer’s confirmation of acceptance of this offer.

4.7

All Orders accepted by the Seller are binding. The Buyer may cancel the Order until the notice of acceptance of the Order by the Seller is delivered to the Buyer. The Buyer may cancel the Order by e-mail or by telephone using the Seller’s contact details stated in these Terms and Conditions.

4.8

In the event of an obvious technical error on the part of the Seller in stating the price of the Goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the Goods to the Buyer at such obviously incorrect price. The Seller shall inform the Buyer of the error without undue delay and send the Buyer an amended offer.

5. User Account

5.1

Based on registration in the E-shop, you may access your User Account.

5.2

When registering, you are obliged to provide all data correctly and truthfully and to update them without undue delay in the event of any change.

5.3

Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding this information and not disclose it to third parties.

5.4

The User Account is personal; you are not entitled to allow third parties to use it.

5.5

We may cancel the User Account, in particular if you do not use it for more than one calendar year, following your withdrawal from the Contract, or in the event of a breach of your obligations.

5.6

The User Account may not be available continuously, especially due to necessary maintenance.

6. Payment Terms and Delivery of Goods

6.1

The Price is stated in the E-shop, in the Order proposal, and in the Contract. In the event of a discrepancy, the Price stated in the Order proposal shall apply. The Order proposal also states the Delivery Price and, where applicable, the conditions for free delivery.

6.2

The Total Price is stated including VAT and all fees imposed by special legal regulations.

6.3

The price of a product or purchase may be reduced by using discount tools offered in the E-shop. Discount tools include in particular:

discount codes,
gift vouchers / gift cards,
loyalty discounts,
volume discounts,
special offer prices.

We reserve the right to limit the accumulation of discounts and to exclude certain products from the possibility of applying them.

6.4

Payment Terms

We require payment of the Total Price after the conclusion of the Contract and before dispatch of the Goods.

Payment of the Total Price may be made exclusively cashlessly online, through:

online payment card (Visa, Mastercard, and other supported cards),
Apple Pay,
Google Pay,

while all payments are processed through the secure GoPay payment gateway and are governed by the terms and conditions of this provider.

Payment is due immediately after the Order is submitted. The Order will be processed only after the payment has been successfully completed.

The Seller does not accept cash on delivery, bank transfer, or cash payments.

6.5

The Invoice shall be issued in electronic form after payment of the Total Price and shall be sent to the e-mail address stated in the Order; it may also be available in the User Account.

6.6

Ownership of the Goods passes to you only upon payment of the Total Price and delivery of the Goods.

6.7

The Seller does not require an advance payment from the Buyer unless expressly stated otherwise for a specific item of Goods, for example in the case of pre-orders or personalized products. Payment of the purchase price before dispatch of the Goods is not considered an advance payment.

6.8

The Seller shall issue the Buyer with a tax document – Invoice. The tax document shall be sent to the Buyer’s e-mail address.

6.9

The Goods shall be delivered to the Buyer exclusively through the Packeta service (Zásielkovňa), namely:

to a pick-up point, or
to a self-service parcel locker (Z-BOX),

selected by the Buyer during the ordering process.

Delivery to an address (by courier) is not provided.

6.10

The choice of the delivery method is made during the ordering of the Goods.

6.11

The costs of delivery of the Goods depending on the method of dispatch and receipt of the Goods are stated in the Order and in the Order confirmation. If delivery is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of delivery.

6.12

If the Seller is obliged to deliver the Goods to a place specified by the Buyer, the Buyer is obliged to accept the Goods upon delivery. If, for reasons on the part of the Buyer, it is necessary to deliver the Goods repeatedly or in another manner, the Buyer is obliged to pay the costs associated with repeated delivery.

6.13

Upon receipt of the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier and the Seller without undue delay. If the packaging shows signs of unauthorized interference, the Buyer is not obliged to accept the shipment.

6.14

The Buyer acquires ownership of the Goods upon payment of the full purchase price including delivery costs, but not before receipt of the Goods. Liability for accidental damage, deterioration, or loss passes to the Buyer at the moment of receipt of the Goods or at the moment when the Buyer was obliged to accept the Goods but failed to do so.

7. K-POP Specific Terms (Pre-orders, Random Inclusion, POB)

7.1 Pre-orders

Goods marked as pre-order are Goods that have not yet been released or delivered by the distributor. The Buyer acknowledges that:

the release or delivery date is approximate and may change,
the Order may be dispatched only after the Goods have been stocked,
the Order may be split into multiple shipments if in-stock Goods and pre-order Goods are combined.

Pre-orders may be cancelled within 24 hours.

7.2 Random Inclusions

Products, especially albums, may include random elements in the packaging, such as a photocard or other bonus content. The Buyer acknowledges that a specific variant cannot be guaranteed unless expressly stated otherwise.

7.3 Pre-order Benefits (POB) / external benefits

If a POB or other benefit is stated for a product, such benefit depends on the supplier, distributor, and available stock. The Seller does not guarantee the benefit if the supplier or distributor changes the conditions or delivers fewer benefit items than the number of Orders. In such a case, the Seller shall proceed transparently and reasonably, for example according to the order of Orders, by providing an alternative, or by informing the Buyer.

8. Withdrawal from the Contract and Return of Goods (Consumer)

8.1

The Consumer has the right to withdraw from the Contract without stating any reason within 14 days from the date of receipt of the Goods.

8.2 Condition of Returned Goods

The Buyer is obliged to return the Goods:

undamaged,
unused,
and, where possible, in the original packaging.

The Buyer is liable for any reduction in the value of the Goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functionality of the Goods.

8.3 Restrictions on Returns (K-pop specifics)

The Buyer acknowledges that:

after unsealing an album, the value of the Goods may be reduced, and the Seller is entitled to reduce the refunded amount accordingly,
magazines and journals cannot be returned once unsealed,
photocards, POB benefits, lucky draw items, and other bonus elements cannot be returned or claimed separately unless expressly stated otherwise.

8.4 Method of Returning Goods

The Buyer may withdraw from the Contract by sending a notice to the e-mail address info@kspot.sk.

The Buyer is then obliged to send the Goods back to the Seller to the address communicated by the Seller.

The Buyer bears the costs of returning the Goods.

8.5 Refunds

The Seller shall refund the Buyer all payments received no later than 14 days from withdrawal from the Contract.

The payment shall be refunded using the same method that was used for the purchase.

Delivery costs are not refunded, except in cases required by law.

9. Complaints and Liability for Defects

9.1 Liability for Defects

The Seller is liable for the Goods being free from defects upon delivery and for having the characteristics agreed in the Contract or usual for the given type of Goods.

9.2 Period for Filing a Complaint

The Buyer has the right to file a complaint regarding a defect in the Goods within 2 years from receipt of the Goods.

If a defect becomes apparent within 12 months from receipt, it is presumed to have existed already at the time of delivery unless proven otherwise.

9.3 Filing a Complaint

The Buyer may file a complaint by e-mail to: info@kspot.sk

In the complaint, it is advisable to state:

the order number,
a description of the defect,
the requested method of resolution.

The Seller may request that the Goods be returned for assessment.

9.4 Handling of Complaints

The Seller shall resolve the complaint within a reasonable period, no later than 30 days from the date it is filed, unless otherwise agreed with the Buyer.

The Buyer shall be informed of the result by e-mail.

9.5 Costs of the Complaint

If the complaint is recognized as justified, the Seller shall reimburse the Buyer for reasonably incurred costs associated with filing the complaint.

9.6 Specifics for K-pop Products

In particular, the following shall not be considered a defect of the Goods:

minor scratches, dents, or damage to the packaging,
manufacturing imperfections (e.g. printing errors, typos),
missing or random bonus elements (photocard, inclusions),
differences between individual versions of the product.

These imperfections are common and occur during production or distribution and are not grounds for a complaint.

9.7 Unboxing of the Shipment

The Seller recommends that the Buyer make a video recording when unboxing the shipment.

In the event of a complaint regarding damage or missing contents, the Buyer may be asked to provide such recording.

If the Buyer does not provide a video recording, the Seller shall assess the complaint on the basis of the available information.

9.8 Serious Damage

Replacement or compensation may be provided only in the event of serious damage to the Goods.

The Buyer is obliged to demonstrate the damage in an appropriate manner (e.g. photographs or video).

9.9 Exclusions from Complaints

In particular, the following shall not be considered grounds for a complaint:

minor aesthetic defects,
manufacturing deviations,
delivery delays caused by the carrier.

The carrier is responsible for delivery. If the shipment is not delivered within 15 working days from dispatch, we recommend contacting the carrier.

10. Personal Data Protection

10.1

All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found in the Personal Data Protection Policy.

10.2

The Seller fulfills the information obligation towards the Buyer under Article 13 of the GDPR Regulation through a separate document entitled “Personal Data Protection Policy” available at the address stated in point 9.1.

11. Final Provisions

11.1 Governing Law

All agreements between the Seller and the Buyer are governed by the laws of the Slovak Republic. If the relationship contains an international element, this does not affect the Consumer’s rights arising from mandatory legal regulations.

11.2 Codes of Conduct

The Seller is not bound by any codes of conduct unless expressly stated otherwise.

11.3 Copyright and Website Content

All rights to the Seller’s website, in particular copyright to the content including page layout, photographs, videos, graphics, trademarks, logo, and other elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller’s consent.

11.4 Liability for Third-Party Interference

The Seller shall not be liable for errors arising as a result of third-party interference with the Online Store or as a result of its use contrary to its intended purpose.

11.5 Change of Circumstances

The Buyer acknowledges that circumstances may change; this does not affect their statutory rights.

11.6 Archiving of the Contract

The Purchase Contract, including these Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.

11.7 Amendments to the Terms and Conditions

The Seller may amend or supplement the wording of the Terms and Conditions. This does not affect the rights and obligations arising during the effectiveness of the previous version.

On behalf of the entire K-SPOT team, we wish you a pleasant shopping experience.

If you have any questions, uncertainties, or suggestions, we will be happy to assist you at info@kspot.sk.