Terms of service
GENERAL TERMS AND CONDITIONS (GTC)
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") regulate the rights and obligations between:
The Seller:
NELA BALAS, s.r.o.
Registered office: Rozvoj 1373/14, 054 01 Levoča
Company ID: 57 129 533
VAT ID: 2122577270
Registered in the Commercial Register maintained by the Municipal Court Košice, Section Sro, Insert 63099/V
Email: info@nelabalas.com
Phone: +421 903 780 101
Web: www.nelabalas.com
and
The Buyer: a natural person or entrepreneur who enters into a contractual relationship with the seller through the online store located at www.nelabalas.com.
1.2. The e-shop is intended for customers with a delivery address in countries to which the seller delivers goods. The current list of countries, delivery methods, prices, and deadlines are listed on the page https://nelabalas.com/pages/doprava-a-dorucenie. The seller ships goods according to the current offer listed on this page.
1.3. The contract is concluded according to the language version of the website chosen by the buyer.
1.4. Legal relations between the seller and the buyer – consumer are governed by the law of the state in which the consumer has habitual residence, if it is an European Union state and the seller directs or targets his business to this market. Otherwise, legal relations are governed by Slovak law, in particular Act No. 40/1964 Coll., the Civil Code, and Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts.
1.5. Legal relations between the seller and the buyer – entrepreneur are governed exclusively by Slovak law.
2. ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT
2.1. An order placed through the e-shop is a proposal to conclude a purchase agreement.
2.2. The purchase agreement comes into existence upon confirmation of the order by the seller via email.
2.3. The seller reserves the right to refuse an order, for example, in case of an obvious error in the price or unavailability of goods.
3. PRICES AND PAYMENT TERMS
3.1. All product prices listed on the website www.nelabalas.com are final, with the exception of possible delivery costs, which are stated separately before placing the order.
3.2. The seller reserves the right to change prices. The price valid for the buyer is the price listed for the goods at the time of placing the order.
3.3. The buyer can pay the price of the goods in one of the following ways:
- online by payment card via a secure payment portal,
- by bank transfer to the seller's account (details will be sent after order confirmation),
- via Apple Pay,
- via Google Pay.
Online payments are secured for us by the Comgate payment gateway. The service provider, Comgate a.s., is a licensed payment institution operating under the supervision of the Czech National Bank. Payments processed through the payment gateway are fully secure and all information is encrypted. Further information and contacts can be found at www.comgate.cz.
3.4. Payment is only possible in advance; cash on delivery is not supported. Goods will be dispatched only after payment has been credited to the seller's account, or after successful online payment confirmation.
3.5. The invoice (tax document) will be sent to the buyer exclusively in electronic form to the email address provided in the order. The buyer hereby explicitly agrees to receive the invoice in electronic form. Upon the buyer's request, the invoice may exceptionally be sent in paper form.
3.6. The buyer undertakes to pay the price of the ordered goods in full and properly in accordance with the chosen payment method.
3.7. If the total amount of the order is not credited to the seller's account within 5 (five) working days from the order confirmation, or if the buyer does not provide a credible proof of payment, the seller has the right to unilaterally withdraw from the contract. The buyer will be informed of such withdrawal by email.
4. DELIVERY TERMS
4.1. Delivery location
4.1.1. Goods can be delivered to a delivery address in countries to which the seller delivers goods. The current list of countries, delivery methods, prices and deadlines are listed on the page https://nelabalas.com/pages/doprava-a-dorucenie. The buyer specifies the delivery address when creating the order.
4.2. Delivery method
4.2.1. The seller ensures delivery through a courier service or parcel service (e.g., Zásielkovňa, Packeta, Slovak Post, and other partners according to the current offer on the website). The buyer chooses the specific delivery method when placing the order.
4.3. Delivery time
4.3.1. Goods are usually dispatched within 48 hours of payment being credited to the seller's account.
4.3.2. In the case of goods that are not currently in stock or are made to order, the delivery time may be extended; the buyer will be informed of this fact in advance via email.
4.4. Delivery costs
4.4.1. The amount of postage and packaging is displayed during the ordering process. These costs are added to the price of the goods and form part of the total order price.
4.5. Personal collection
4.5.1. Personal collection is not currently supported, unless the seller offers an exception, of which the buyer would be informed via email or on the website.
4.6. Buyer's obligations upon receipt of goods
4.6.1. The buyer is obliged to take over the goods at the agreed time and at the agreed delivery location. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in case of damage, immediately notify the carrier and draw up a protocol with him.
4.7. Non-acceptance of shipment
4.7.1. If the buyer does not accept the shipment without prior agreement, the seller reserves the right to charge the buyer for the costs of re-delivery or storage.
4.7.2. In the event that the shipment is returned to the seller as unclaimed, the order may be unilaterally cancelled and the seller is not obliged to resend the goods, unless a new procedure is agreed upon.
4.8. Transfer of risk of damage
4.8.1. The risk of damage to the goods passes to the buyer at the moment of their acceptance.
4.9. Ownership of the goods passes to the buyer at the moment of taking over the goods.
5. WITHDRAWAL FROM THE CONTRACT (RIGHT TO RETURN GOODS WITHIN 14 DAYS)
5.1. The buyer – consumer has the right to withdraw from the contract within 14 calendar days from the date of receipt of the goods, without giving any reason.
5.2. To exercise this right, it is sufficient to send a notification of withdrawal (e.g., by email or post). In case of withdrawal from the contract by post, the withdrawal from the contract is considered valid on the day the shipment is submitted to the post office. The seller also provides a withdrawal form for this purpose.
5.3. The withdrawal from the contract must contain an unambiguous expression of will to withdraw from the contract, identification of the contract (order), date of conclusion of the contract or delivery of goods, customer details, date and signature in case of a letter.
5.4. The buyer is obliged to send the goods back within 14 calendar days of withdrawal.
5.5. The goods must be sent to the following address: NELA BALAS, s.r.o., Rozvoj 1373/14, 054 01 Levoča, Slovakia.
5.6. The goods must be undamaged, unworn, with all tags.
5.7. Upon receipt of the returned goods, the seller will refund the paid amount (including delivery costs) within 14 days.
5.8. The costs of returning the goods are borne by the buyer.
6. GOODS THAT CANNOT BE RETURNED
6.1. In accordance with Section 19(1)(c), (d), (e) of Act No. 108/2024 Coll. on Consumer Protection, the buyer – consumer does not have the right to withdraw from the contract for the sale of:
- goods manufactured according to the consumer's specific requirements,
- goods subject to rapid deterioration or expiry,
- goods that have been unsealed after delivery and cannot be returned for hygiene reasons (e.g., underwear, swimwear, hosiery and similar items, if their original hygiene packaging has been broken).
6.2. If the hygienic packaging of the goods has been broken after delivery, such goods cannot be returned for hygiene reasons even within the 14-day withdrawal period.
7. RETURN OF GOODS, GIFTS, AND PRIZES
7.1. In the event of withdrawal from the contract by the buyer, the buyer is obliged to return, along with the goods, all items that were provided to them as a gift, bonus, or other non-monetary performance related to the purchase.
7.2. If the buyer does not return the gift, the seller has the right to reduce the amount to be refunded to the buyer by the value of the unreturned gift according to the valid price list or usual market price.
7.3. In the event that the buyer, within a competition or other marketing campaign, won a prize conditioned by a purchase or order, and subsequently withdraws from this contract, they are obliged to return this prize to the seller. If this is not possible (e.g., the prize was used, destroyed, or worn out), the seller reserves the right to reasonable compensation for damages.
7.4. If the gift was conditioned by a minimum order value and after partial return of goods the total order value does not meet this condition, the seller has the right to request the return of the gift or financial compensation for its value.
7.5. The provisions of this article do not apply to competition prizes or gifts that were not provided as part of the purchase agreement but on the basis of a separate legal fact (e.g., a separate prize independent of a purchase).
8. GIFT VOUCHERS
8.1. The seller may also offer gift vouchers (hereinafter referred to as "voucher") for sale through the e-shop in various nominal values, which can be used to purchase goods.
8.2. The validity of the voucher is 1 year from the date of its issue, unless otherwise stated on the voucher. After this period, the voucher expires and cannot be redeemed or extended.
8.3. Vouchers cannot be exchanged for cash or any other financial payment. Similarly, the buyer is not entitled to a refund for an unused voucher after its expiry.
8.4. If the purchase value is lower than the voucher value, the difference will not be refunded. If the purchase value is higher than the voucher value, the buyer will pay the difference using the chosen payment method.
8.5. The voucher can only be redeemed once, unless explicitly stated otherwise. The seller is not responsible for lost or misused vouchers.
9. COMPLAINTS AND LIABILITY FOR DEFECTS
9.1. The seller is liable for defects that appear on the goods within 24 months of their acceptance.
9.2. The buyer is entitled to:
- free repair of the defect,
- exchange of goods for new ones (if possible),
- a reasonable discount from the price,
- withdrawal from the contract in case of: repeated defect occurrence after repair, a larger number of defects simultaneously, a serious defect that cannot be removed or the goods cannot be exchanged for defect-free ones.
9.3. A complaint can be submitted by email or in writing. In the event of a complaint by email, the buyer is subsequently obliged to send the goods without undue delay, no later than within 7 calendar days. Otherwise, the seller reserves the right to reject the complaint as unsubstantiated.
9.4. Complained goods must be clean and complete.
9.5. The seller will handle the complaint without undue delay, no later than 30 days from the delivery of the complained goods. The buyer will be informed about the outcome of the complaint by email or other agreed method.
9.6. The buyer is not entitled to file a complaint if the defect:
9.6.1. arose as a result of normal wear and tear of the goods appropriate to their nature, purpose, and duration of use (e.g., scuffing, fading, material loosening),
9.6.2. was caused by improper use, maintenance, or storage of the goods contrary to the instructions or usual manner of use,
9.6.3. resulted from mechanical damage (e.g., tearing, snagging, ripping of fabric, damage to zippers or seams due to improper handling),
9.6.4. was caused by interference from a third party or modification of the goods by the buyer (e.g., shortening, re-sewing, dyeing),
9.6.5. arose as a result of exposure of the goods to extreme conditions (e.g., excessive heat, humidity, chemicals).
9.7. The seller is also not responsible for defects arising after the warranty period has expired.
9.8. The complaint also does not cover aesthetic changes that do not affect the functionality of the goods (e.g., change in material structure after washing, if care was improper).
10. PRIVACY POLICY
10.1. All personal data we collect through the e-shop are subject to our privacy policy, and some personal data may be subject to Shopify's Privacy Policy. By using our services, you acknowledge that you have read these privacy policies.
10.2. As the e-shop is operated via the Shopify platform, Shopify collects and processes personal data about your access and use of the services to provide and improve the services for you. The information you submit will be transferred to and shared with Shopify, as well as with third parties, who may be located in countries other than your country of residence, to provide you with services.
11. ERRORS, INACCURACIES, AND OMISSIONS
11.1. Occasionally there may be information on the e-shop that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
12. FEEDBACK
12.1. If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, plans, or other content (hereinafter "feedback"), you grant NELA BALAS, s.r.o. a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any media for any purpose, including commercial use.
12.2. You also represent and warrant that: (i) you own or have all necessary rights to all feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting the feedback; and (iii) your feedback will comply with these terms. We are not and will not be obligated to (1) maintain any feedback in confidence; (2) pay compensation for any feedback; or (3) respond to any feedback.
12.3. You agree that your feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility for any feedback posted by you or any third party.
13. AGENTS
13.1. This section applies if you use, enable, activate, or cause the deployment of an Agent to access any services of our e-shop. "Agent" means any software or service that performs autonomous or semi-autonomous activity on behalf of or at the direction of any person and that can be performed without direct supervision.
13.2. No agent may access or interact with the e-shop unless it identifies itself each time and acts in strict compliance with the requirements. We may restrict, including by technical means, whether and how any agent accesses our site.
13.3. Agents must: (i) in all HTTP/HTTPS requests identify that the request originates from an Agent; (ii) must not obscure that interactions originate from an Agent (e.g., by circumventing CAPTCHA); (iii) truthfully respond to prompts designed to distinguish human from computer; (iv) not circumvent security measures.
14. LIMITATION OF LIABILITY FOR PURCHASED GOODS
14.1. To the fullest extent permitted by law, in no event shall NELA BALAS, s.r.o., our directors, officers, employees, affiliates, agents, contractors, suppliers, or Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or wearing of any products and goods purchased through our e-shop.
14.2. This limitation also applies to any other claims in any way related to the purchased product (e.g., defects, health or property damage caused by improper use of the goods contrary to the instructions for use), even if you have been advised of their possibility. Some jurisdictions do not provide for such a broad exclusion of liability for consequential damages; in such a case, our liability will be limited to the maximum extent permitted by applicable law.
15. INDEMNIFICATION
15.1. You agree to indemnify, defend and hold harmless NELA BALAS, s.r.o., Shopify, and our affiliates, employees, agents, and suppliers from any loss, damage, liability, or claim, including reasonable legal fees, made by any third party due to or arising out of your breach of these GTC, your violation of any law, or the rights of a third party.
16. TERMINATION OF THE AGREEMENT
16.1. We may terminate this Agreement or your access to the e-shop services at any time at our sole discretion without prior notice (e.g., in case of breach of the GTC), and you will remain liable for all amounts due up to the date of termination.
16.2. Provisions which by their nature should survive (e.g. intellectual property, disclaimer of warranties, limitation of liability, indemnification) shall continue in full force and effect following any termination.
17. WAIVER OF RIGHTS; ENTIRE AGREEMENT
17.1. Our failure to exercise or enforce any right or provision of these GTC shall not constitute a waiver of such right or provision.
17.2. These GTC and any policies or operating rules posted on our website constitute the entire agreement and understanding between you and NELA BALAS, s.r.o. They govern your purchases and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these GTC shall not be construed against the drafting party.
18. ASSIGNMENT
18.1. You may not delegate, transfer, or assign the purchase agreement or any of your rights or obligations hereunder without our prior written consent. We may transfer, assign, or delegate these terms and our rights and obligations without your prior consent.
19. OUT-OF-COURT DISPUTE RESOLUTION
19.1. Legal relations between the seller and the buyer are governed by the law of the Slovak Republic.
19.2. If the buyer is a consumer residing in another EU member state, this does not affect their consumer protection rights provided by the legal order of their country.
19.3. The consumer has the right to contact an alternative dispute resolution entity:
PRIMARY SUPERVISORY AUTHORITY: Slovak Trade Inspection (hereinafter referred to as "STI") – www.soi.sk, or the European Consumer Centre Slovakia: https://esc-sr.sk
In the case of buyers from the Czech Republic, it is possible to contact the Czech Trade Inspection – www.coi.cz, which will forward the submission to the STI.
Poland: Urząd Ochrony Konkurencji i Konsumentów (UOKiK) – www.uokik.gov.pl
Hungary: Békéltető testületek – www.bekeltetes.hu
Germany: Universalschlichtungsstelle des Bundes – www.universalschlichtungsstelle.de
Austria: Schlichtung für Verbrauchergeschäfte – www.verbraucherschlichtung.at
Romania: Autoritatea Națională pentru Protecția Consumatorilor (ANPC) – www.anpc.ro
Cyprus: Υπηρεσία Προστασίας Καταναλωτή (Consumer Protection Service) – consumer.gov.cy
Cyprus Consumer Center for Alternative Dispute Resolution – www.adrcyprus.com
20. HEADINGS
20.1. The headings used in these GTC are for convenience only and do not limit or otherwise affect these terms.
21. FINAL PROVISIONS AND AMENDMENTS TO TERMS
21.1. These GTC are an integral part of every purchase agreement concluded between the seller and the buyer through the e-shop. The buyer accepts them by submitting an order.
21.2. The seller reserves the right to update, change, or supplement these GTC at any time at its sole discretion. You can review the most current version of the GTC at any time on our website. It is your responsibility to check our website periodically. The new wording becomes effective on the day of its publication on the website www.nelabalas.com and does not apply to contracts concluded before this date (contractual relationships established before the change of the GTC are governed by the wording valid at the time of concluding the contract). Your continued use of the e-shop or purchase after the posting of any changes constitutes acceptance of those changes.
21.3. The buyer is obliged to familiarize themselves with the current wording of the GTC before placing an order. By submitting an order, they confirm that they have familiarized themselves with the GTC and agree to them.
21.4. If any provision of these GTC is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these GTC, such determination shall not affect the validity and enforceability of any other remaining provisions.
21.5. The rights and obligations of the contracting parties not explicitly regulated by these GTC are governed by the relevant provisions of the legal system of the Slovak Republic (Slovak law).
21.6. These GTC are originally prepared in the Slovak language. For foreign customers, they may also be available in another language. In case of any discrepancy between language versions, the Slovak version shall prevail.
21.7. These General Terms and Conditions become valid and effective on May 29, 2026.
