Terms and Conditions
provided to the buyer for a contract concluded remotely and a contract concluded outside the trader’s business premises WITH AN OBLIGATION TO PAY /
I. INFORMATION ABOUT THE TRADER
Business name: ORANGUTAN, s.r.o.
Registered office: Žlta 3900/4, 851 07 Bratislava – Petržalka district
ID No.: 35 871 946
Registered in: Commercial Register of the Bratislava III District Court, Section: Sro, Insert No.: 30263/B
(hereinafter also referred to as the “Trader”)
Operation: ORANGUTAN – Premium Tanning Studio
Továrenská 12/A, 811 09 Bratislava
Email: skypark@orangutan.studio
Web: https://www.orangutan.studio/
Customer service line: +421 948 100 100
II. INTRODUCTORY PROVISIONS
1. These terms and conditions of the Trader, which include all data that the Trader is obliged to disclose to the natural person – consumer, who concludes a purchase contract (hereinafter also referred to as the “buyer”) under Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain laws (hereinafter also referred to as the “Act”), regulate the mutual rights and obligations of the contractual parties (i.e., the Trader and the buyer) arising in connection with or on the basis of a contract concluded between the buyer and the Trader through the reservation system in the ORANGUTAN STUDIO application available in the online stores Google Play and AppStore (hereinafter also referred to as the “shop”) (together hereinafter also referred to as the “contract”)
(hereinafter collectively referred to as the “Terms and Conditions” or in the abbreviated version “T&C”).
The current and effective version of the terms and conditions can be found at https://www.orangutan.studio/ and in the ORANGUTAN STUDIO application.
2. The T&C are drawn up in the Slovak language, and the contract is concluded in the Slovak language.
3. The wording of the T&C valid on the day of conclusion of the contract can only be changed by the Trader with the consent of the buyer.
III. INFORMATION ABOUT PRICES
1. The prices of services listed in the PRICE LIST section on the Trader’s website https://www.orangutan.studio/ and in the ORANGUTAN STUDIO application at the time of ordering are final and include the applicable VAT.
IV. CONTRACT CONCLUSION PROCEDURE
1. The buyer can make a reservation through the ORANGUTAN STUDIO application or the customer service line.
2. The buyer acknowledges that they must arrive at the ORANGUTAN operation at the given time, at least ten (10) minutes before the tanning session begins.
3. The buyer places an order for the service as follows:
3.1. Online order through the reservation system in the ORANGUTAN STUDIO application, after prior registration.
3.2. Telephone order via the customer service line, whose number is always listed in the application, as well as on the company’s website.
4. The buyer reserves the service time through the ORANGUTAN STUDIO application for a specific hour and day. When placing an online order, the buyer selects the payment method.
5. The buyer has been informed that the online order includes the obligation to pay the price for the given service or recharge their credit in the ORANGUTAN STUDIO application.
6. The buyer is obliged to:
a) arrive at the agreed time at the location where the service is to be provided
b) pay the agreed purchase price to the Trader
7. The Trader will confirm the acceptance of the order to the buyer without delay by email to the email address provided by the buyer during registration. This email notification of order acceptance constitutes acceptance of the buyer’s offer to conclude a purchase contract. The order confirmation includes information on the name and specification of the service that is the subject of the contract, as well as details about the price, date, and place of service delivery.
8. The Trader is obliged to provide the service based on the order confirmed by the acceptance to the buyer in the agreed quality and within the agreed time frame.
V. PAYMENT TERMS
1. In the case of an order with payment in advance with an obligation to pay, the buyer has the following payment options as precisely specified in this section:
1.1. The buyer pays the price directly to the Trader:
a) cashless to the Trader’s account IBAN: SK82 1100 0000 0026 2971 2581, maintained by Tatra banka, a.s. Based on the sent order, the Trader issues a confirmation – tax document, which is sent along with the order confirmation by email to the buyer
b) in cash or by payment card directly at the operation, where the buyer immediately receives a confirmation – tax document for the payment
1.2. The buyer pays the price to the Trader through the selected payment gateway available in the ORANGUTAN STUDIO application, in which case the buyer follows the instructions of the relevant electronic payment provider GoPay.
2. All costs associated with monetary transactions are borne by the buyer.
3. The prices for services, as listed on the website and in the Trader’s application for individual services, are due on the date stated in the issued tax document in accordance with the relevant legal regulations, and their recovery is subject to the provisions of Act No. 40/1964 Coll. Civil Code.
4. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Trader’s bank account.
5. The Trader issues the buyer a tax document for payments made based on the contract, which contains the essentials of an accounting document pursuant to Act No. 431/2002 Coll. on Accounting. The buyer explicitly agrees that the Trader sends the accounting document under Act No. 431/2002 Coll. on Accounting to the buyer by email to the email address provided during registration, confirming its correctness.
VI. DELIVERY TERMS
1. The estimated service delivery date is stated in the ORANGUTAN STUDIO application in the reservation section, where the buyer can select the service delivery date. The Trader
does not guarantee the immediate availability of the offered service.
2. The buyer is entitled, in case the Trader does not provide the service within the statutory period, to withdraw from the contract, and the Trader is obliged to return to the buyer the full paid purchase price within fourteen (14) days of the notification of contract withdrawal.
VII. LIABILITY FOR DEFECTS
1. The rights and obligations of the contractual parties regarding defective performance are governed by the relevant generally binding legal regulations.
2. The settlement of a claimed defect does not affect the buyer’s right to compensation. The Trader is not liable for damage if it proves that the damage was not caused by it.
3. In cases of interruption or restriction of service provision due to the Trader’s reasons, the Trader’s liability to the buyer is limited to restoring the service provision.
VIII. CONTRACT WITHDRAWAL
1. If the Trader cannot fulfill its obligations under the contract due to service unavailability, or due to force majeure is unable to deliver the service to the buyer within the agreed time frame based on the order, the Trader is obliged to offer the buyer an alternative or allow the buyer to withdraw from the contract (cancel the order). If the buyer withdraws from the contract for the reasons stated in this section, the Trader is obliged to return the full paid purchase price to the buyer within fourteen (14) days of the notification of contract withdrawal.
2. The buyer has the right to withdraw from a contract concluded remotely and a contract concluded outside the Trader’s business premises without stating a reason, at any time, but not less than three (3) hours before the start of the already ordered appointment.
3. If the buyer cancels the order less than three (3) hours before the agreed time, the buyer will be charged the full amount for the service.
IX. RESERVATION CANCELLATION
1. The buyer may cancel or change a reserved appointment free of charge at any time, but no later than three (3) hours before the start of the reserved appointment.
2. If the buyer cancels their reservation less than three (3) hours before the start of their reserved appointment, no monetary funds will be refunded to the buyer, as the Trader charges a cancellation fee equal to 100% of the purchase price.
X. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
1. Complaints and suggestions can be submitted by the buyer to the Trader in writing at the address of its registered office or by email to: skypark@orangutan.studio. The Trader will send information about the resolution to the address provided by the buyer.
2. The buyer has the right to request a remedy from the Trader if a dispute arises between the buyer and the Trader from exercising rights from liability for defects or if the buyer believes that the Trader has violated other rights of the buyer as a consumer.
3. The Trader will inform the buyer on durable media about the relevant entities of alternative dispute resolution if the Trader has rejected the buyer’s request under the previous paragraph.
4. The buyer has the right to submit a proposal to initiate an alternative dispute resolution (hereinafter referred to as “proposal”) to the alternative dispute resolution entity if the Trader responded negatively to the request under the first paragraph or did not respond within thirty (30) days from its submission.
5. Alternative dispute resolution is governed by Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution. The entity for alternative dispute resolution is the Slovak Trade Inspection with its registered office at: P. O. BOX 29 Bajkalská 21/A 827 99 Bratislava, internet address: https://www.soi.sk/sk.
6. For more information on alternative dispute resolution, see https://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi;.
7. Entities for alternative dispute resolution can be found at http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov.
8. The platform for online resolution of potential disputes between the Trader and the buyer is also available at the internet address http://ec.europa.eu/consumers/odr.
9. The European Consumer Centre Slovakia, with its registered office at the Ministry of Economy SR, Mlynské nivy 44/A 827 15 Bratislava 212, internet address: https://www.europskyspotrebitel.sk/ is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
10. The Trader is authorized to provide services based on a trade license. Trade supervision is performed within its competence by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection performs, among other things, supervision over compliance with the law within the defined scope.
11. The Trader and the buyer may also resolve their potential claims and disputes through the competent and locally appropriate courts of the Slovak Republic.
XI. FINAL PROVISIONS
1. The obligation from the contract lasts until the service is provided to the buyer by the Trader in accordance with the provisions of these T&C, unless these T&C provide otherwise.
2. The obligation from the Contract may be terminated by agreement between the contractual parties (i.e., the Trader and the buyer).
3. If any provision of the T&C is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions of the T&C.
4. The contract, including the T&C, is archived by the Trader in electronic form and is not publicly accessible.
5. The buyer expressly declares that they entered into the contract of their free will, not under distress or under conspicuously disadvantageous conditions, and that they agree with its wording, as well as with the wording of these T&C, which is confirmed by agreeing to these T&C in the Trader’s application.
These terms and conditions take effect upon their publication in the Trader’s application and on the company’s website.