Version valid from 10th of March 2022
These General Terms & Conditions of Tesco Online shopping are set out by the company TESCO STORES SR, a.s. with the registered seat at Cesta na Senec 2, 821 04 Bratislava, ID 31321828, registered in the Commercial Register of the Bratislava I District Court, Section: Sa, File No.: 366/B, TIN: 2020301140, VAT NUMBER: SK7020000317 (hereinafter "Tesco").
- Tesco Grocery Home Shopping
- Customer Registration
- Website
- Shopping List and Order Confirmation
- Creating a Shopping List, Availability of Products, Substitute Products
- Price and Payment Conditions
- E-coupons
- Click+Collect Service
- Delivery of Goods
- Complaints Procedure
- Alternative resolution for consumer disputes
- Supervisory Authority over Tesco
- Personal Data Protection
- Contact
- Final Provisions
1. Tesco Grocery Home Shopping
These General Terms and Conditions (hereinafter "the GTC”) sets out the conditions for use of services designated as " Tesco Online Shopping " or “ Grocery Home Shopping ” (hereinafter "the Service") provided by Tesco modified on the website tesco.sk in the Tesco Online shopping section (hereinafter "the Website").
The Service lies in the presentation of Tesco goods (hereinafter "Goods") on the Website, enabling the Customer after registration and login to create a shopping list containing the goods of the Customer (hereinafter "Shopping List"), and in the delivery (and purchase) of Goods. The Goods displayed on the website does not constitute a binding offer to purchase Goods pursuant to the law of the Slovak Republic.
The Service may be used only by a natural person who has reached the age of 18, expressed consent with these GTC and duly registered on the Website (hereinafter "the Customer"). The Customer is not a legal person, natural person – entrepreneur, or a natural person under 18 years of age. Tesco reserves the right to refuse the delivery of Goods, which in view of all the circumstances was not made for a household or a natural person.
2. Customer Registration
2.1 Registration Form
Creating a Shopping List, ordering the delivery of Goods from the Shopping List and the subsequent purchase of Goods is only possible if the Customer duly and correctly (properly) completes the registration form located on the Website where there is the necessary data for the future creation of Shopping Lists and the order of Goods delivery, i.e. the name and surname of the customer, the exact delivery address, telephone number, e-mail address (which will later be used as the username) and password, and the confirmation that the Customer is acquainted with these GTC and Privacy Policy and their acceptance of these GTC and Privacy Policy (hereinafter "Registration").
The Customer is required at registration to present only information that is timely, true, accurate and complete. After registration the Customer will create an account on the Website, through which the Customer can create Shopping Lists and order the delivery of Goods within the Services (hereinafter "Account").
2.2 Clubcard
A Customer who is also a member of the Tesco loyalty program called Clubcard may indicate during the Registration in the form the number of their Clubcard (cards), and in order to collect points earned on purchases and using the Clubcard in the Service. Clubcard points will be credited to the relevant account of the Clubcard customer always at the end of the calendar month in which the Goods were actually bought by the Customers. In the case of returning Goods purchased within the prescribed period, the Customer will deduct from their Clubcard account number the Clubcard points corresponding to the costs of returning the Goods.
2.3 Update of Data
In the event of a change of Customer data indicated during Registration on the Website, the Customer is required to update the data at the next log in to their Account, using the tab "My Account" (i.e. registration form) or through Customer Line.
The Customer Service Line is a toll-free customer support designed to eliminate technical problems, error, malfunction or the reduced functionality of the Website (see article III., section 3. Using and Managing the Website). Tesco is not responsible for the following consequences:
(A) giving false or incomplete information during registration, or the failure of the Customer to update it;
(B) making username and password available to third party Customers.
2.4 Termination and Cancellation of Account
The Customer may terminate their Account for any reason, through the Customer Links. Tesco has the right to cancel a Customer's Account without giving reasons or information to the Customer if Tesco has reason to suspect that:
- the Customer has violated the GTC or legal provisions,
- the Customer misuses the Service,
- the Customer is carrying out activities that may involve unauthorized access into the structure of the Website to which the Customer does not have proper access, or if with their interference the Customer endangers the functioning of the Website, regardless of the method and technique of unauthorized interference.
Registration expires upon the death of the Customer or termination of the Service by Tesco. The elimination or deregistration shall not affect the provisions of the GTC, which by their nature and essence persist even after the termination or cancellation of Registration.
3. Website
3.1 Copyright
The owner and operator of the Website is Tesco, which is in accordance with the relevant laws governing intellectual property rights, in particular Act No. 185/2015 Coll. Copyright Act, authorized to exercise intellectual property rights relating to the Website, including its contents, visualization, design, all graphics, as well as all databases forming its content.
The pictures of the Goods displayed on the Website are illustrative in nature, used solely for merchandise presentation and may vary slightly from the actual Goods. Photos and description of individual Goods are supplied by manufacturers, suppliers and Tesco.
All information contained on the Website, including trademarks, photographs, descriptions and applications, are protected by law. Any unauthorized use of them, whether total or partial, constitutes a violation of the law.
3.2 Technical Requirements
To use the Service on the Website the Customer’s end equipment must meet the following requirements: broadband Internet, an Internet browser that supports CCS and JavaScript, activated cookies support, activated pop-ups support, operating system and an active email address. Tesco is not responsible for proper functioning of a third-party services (a proper internet connection, etc).
3.3.Use and Management of the Website
The Customer and any other person is obliged to use the website in accordance with its purpose and GTC, and in accordance with bono mores and Slovak legislation, and is obliged to refrain from activities that may disrupt its proper functioning. The Customer and any other person shall in particular not:
- damage the reputation of Tesco or rights of third parties;
- interfere with the use of the Website, hinder the use of the Website for other Customers;
- interfere with the content, security or technical nature of the Website;
- use the Website to send unsolicited messages (Spam) and chain messages;
- send viruses to the Website, e.g. any other dangerous or harmful programs;
- create a false report for the purpose of counterfeiting the identity of the Customer;
- attempt to penetrate into the Accounts of other Customers;
otherwise, Tesco is entitled to cancel the Account of the Customer. The Customer is fully responsible for all operations carried out through their account on the Website. The Customer is obliged to inform Tesco without undue delay of any suspected misuse of their password (Account) by a third party. Where there is reasoned concern, Tesco is entitled to block the relevant Account, or invite the Customer to change the login password.
Tesco will regularly carry out activities to improve the quality of the operation of the Website. Using this Website may lead to errors or technical problems. In this case, the Customer should report such a situation to Tesco through the Customer Helpline on the toll-free number 0800 222 333 or email potravinydomov@itesco.sk (hereinafter "Customer Helpline"). Tesco then shall restore the proper functioning of the Website.
Tesco reserves the right to temporarily restrict Website access to the Customer (or part thereof) in order to improve it technically, carry out maintenance or update it, even without any prior notice sent to the Customer.
Tesco is not responsible for any damage or loss of profit incurred to the Customer directly or indirectly as a result of:
- interrupting the operation of the Website;
- unauthorized intervention by the Customer or any third party on the Website;
- incompatibility of the Website with the Customer’s terminal hardware or software or Internet connection;
- technical problems including errors and failures of the Website.
4. Shopping List and Order Confirmation
After successful Registration, the Customer can log in to their account on the Website by entering their username and password. The username and password are kept confidential. The Customer is responsible for all the actions of a third party resulting from the publication or disclosure of the username and password to a third party. After logging in the Customer can use all the available functions of the Services, in particular the creation of a Shopping List and the delivery order of Goods specified in the relevant Shopping List. Tesco sends to the Customer a confirmation of the Shopping List to the e-mail address the Customer provided during Registration.
Customers can create a Shopping List at any time 24 hours a day, 7 days a week. Tesco does not supply orders on 1 January, Easter Sunday, 24 December, 25 December, 26 December, as well as other Bank holidays during which Tesco stores are closed. After previous notice published on the Website, Tesco reserves the right to determine the following days when the supply of Goods will not be carried out, except the days referred to in the previous sentence.
If the Customer wants the Goods delivered the next day, the confirmation of the Shopping List must be no later than 22:59 (11 pm) of the preceding day. The same applies in the case of a change or cancellation of delivery of Goods or packaging option according to below section.
Tesco, by performing its business, tries to enhance the protection of the environment and offers this possibility to its Customers. Therefore, the Customer can choose from the following options of packaging and handover of the Goods:
- the Goods will be delivered in shopping bags; The Customer will in this case be charged by a flat fee for using shopping bags to store the goods, the amount of which is listed on the Website and the Customer is always informed of the current amount before sending the order; or
- the Goods will be delivered not packed in shopping bags and the Customer will take over the Goods using his/her own shopping bag or by other means; counter meat and meat products, fresh fishes, detergents and other types of Goods that shall be packed because of hygienic reasons will be packed according to relevant applicable laws and such packaging will not be charged; Customer will have enough time to take over all the Goods delivered in this way.
By creating the Shopping List, the Customer performs the proposal for the supply of Goods contained on the Website.
Once the Order is submitted by the Customer, Tesco sends to the Customer a confirmation of the Shopping List to the e-mail address the Customer provided during Registration, or which is currently valid within his Account (hereinafter as “Electronic Order Confirmation”). The Purchase Agreement is concluded between Tesco and the Customer (the Order is accepted). The Purchase Agreement is concluded between Tesco and the Customer (Order is accepted) at the moment when Tesco electronically confirms the Customer's order to its email address given at registration.
The Customer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the Customer in using remote means of communication in connection with the conclusion of the purchase contract shall be borne by the Customer himself.
The Customer is entitled to cancel the Shopping List after logging in to their account on the Website or through the Customer Helpline. If the Customer cancels the Shopping List after 22:59 (11 pm), they can only do so through the Customer Helpline.
If the order shall be delivered the same day as the order was submitted, it can be cancelled or changed:
- a) Until 8:59 am, if the delivery time is between 2 pm-7 pm; or
- b) until 12:59 pm, if the delivery time is between 6 pm-10 pm.
The Customer is entitled to order the delivery of Goods up to a maximum amount of 24 pieces of each item (if sold in pieces). In case the total amount of Order exceeds 260 kg, Tesco is entitled to cancel such Order and is not obliged to deliver it. The Customer may contact the Customer Helpline with further possibilities regarding ordering and delivery of requested Goods.
When ordering delivery of weighted Goods, Tesco reserves the right to deliver the goods whose the weight is different from the weights specified in the Shopping List, while the difference shall not be greater than +/- 10% depending on the type of goods. If the weight difference in the supply of Goods exceeds 10%, the Customer has the right to refuse accepting such Goods.
In the case of Goods whose price is determined in accordance with a unit weight and if its nature allows so and the Customer orders a number of items instead of the weight of Goods, Tesco will deliver the ordered number of items to the Customer. The price will then be determined by the weight of the ordered quantity of such Goods.
5. Creating a Shopping List, Availability of Products, Substitute Products
Creating a Shopping list online means selecting products shown on the Website in your trolley. Creating a Shopping list does not equal with the ordering of these products online, the Customer is not obliged to purchase products selected.
The availability of products shown on the Website may differ from a particular store’s product availability, it rather depends on the availability of products on the shopfloor of the particular serving store on the day of delivery, so Tesco does not guarantee continuous availability of all products. In order to ensure that the products are available to the highest possible number of the Customers, Tesco has the right to impose a ceiling as to how many individual items the Customer can purchase. In this case, the Customer cannot select a higher number or quantity of a product than the upper limit set by Tesco.
If the products selected by the Customer are not available, Tesco will endeavour to put forth its best effort to offer other products upon delivery the properties and prices of which are as close as possible to the Customer’s selection – in case the Customer has indicated he/she would like to receive other products substituting the originally selected ones. During the product selection, the Customer has the possibility to opt-in or opt-out for substitutions even on product or basket level. The price, package size and brand of the substitute product may differ from the price, package size and brand of the product the Customer selected. Upon delivery, these substitutes will be visibly separated from the other products selected by the Customer, and this will also be indicated in the e-delivery note sent over to the Customer in advance via e-mail.
In case the Customer is not satisfied with any of the substitute products, the Customer can hand them back to the courier, without any obligation to pay for them.
6. Price and Payment Conditions
6.1 Prices of Goods
The Service costs on the Website is reported in EUR, including the relevant value added tax and without the price for Goods delivery. The current price of the Goods is listed on the Website after the registered Customer logs in to his Account. The price of the goods on the Website may be changed by Tesco at any time without giving a reason
The price of the Goods is always announced to the Customer in advance before concluding the purchase contract and before accepting its changes, via the Website. The Customer will be informed about the purchase price of the Goods in the relevant Order upon confirmation of this Order by Tesco and also via the electronic Delivery Note sent to the registered e-mail address of the Customer.
In the case of a proposal to amend the purchase agreement by the Customer in the sense of these GTC, a proposal to change the price of Goods for partial items in an already concluded purchase contract may be submitted to the Customer by Tesco. This proposal to change the price is Tesco's counter-proposal to the Customer's proposal to change the purchase contract, and the Customer is not obliged to accept this Tesco proposal. In the event that this Tesco counter-proposal is not accepted by the Customer, the purchase contract remains in force in its original form, including the price of the goods.
In the event that the Tesco counter-proposal is accepted by the Customer, the purchase contract will be changed, including the purchase price for the Goods for which Tesco has made a counter-proposal to change the price.
Furthermore, the Customer has the right to propose a change in the purchase contract to Tesco upon delivery of the ordered goods by rejecting some and / or all of the ordered items and Tesco accepts the Customer's proposal to change the purchase contract without any reservation. The Customer also has the right to proceed in accordance with Article IX hereof (withdrawal from the contract).
In the event of an order for weighed goods, Tesco reserves the right to deliver goods with a reasonable weight deviation. In this case, the price of the Goods may change depending on this weight deviation.
If the Customer orders a number of pieces instead of a specific weight, and the price of such Goods is determined by a unit of measure, Tesco shall deliver the required number of pieces. The price shall be determined according to the weight of ordered number of pieces of such Goods.
If the price of the delivered Goods differs from the price of the Goods in the confirmed Shopping List, the Customer has the right to refuse the purchase of such Goods directly upon its delivery. The price of the Goods were denied will not be withdrawn from the Customer's bank account, even if such data were entered before the Goods delivery by paying online.
Tesco delivers the Goods with a confirmed Delivery Note, proof of purchase (receipt), which includes:
- the commercial name of Tesco, headquarters, identification number and record from the commercial registry;
- address of the establishment;
- date of sale;
- the name and quantity of the Goods;
- the price of particular Goods and the total Price the Customer paid
(hereinafter "Proof of Purchase").
If the Customer returns a product, they may request a corrected invoice for the returned goods via the Customer Helpline potravinydomov@itesco.sk. In the application it is always necessary to supply the Shopping List number. After receiving the request, the Customer will be sent the corrected invoice by mail to the address under which they are registered.
6.2 Delivery Price
The Delivery Price is not included in the Service costs. The Delivery Price is paid for each order of delivery of Goods (hereinafter “Order”) and supply individually, i.e. irrespective of whether several supply orders relate to the same place and the same time of delivery. The Delivery Price will depend on the day of the week and time (i.e. time slot), in which the Goods are delivered to the Customer. Information on the Delivery Price or eventually free delivery is available on the Web Page for the creation of the Shopping List (hereinafter "the Delivery Price").
Payment Terms
The Customer can choose one of the following methods of payment:
- Online – through the following payment cards: Visa, Visa Electron, Master Card and Maestro. If the payment card is declined, the Customer Helpline will contact the Customer and ask them to change the method of payment acceptance to the payment by card at the doors. The Customer Helpline worker shall Notify the Customer to be ready to pay for the Goods by credit card in the case when they accept the Goods.
- Payment at the Customer’s door – through the following payment cards: Visa, Visa Electron, Master Card and Maestro.
If the customer wants to pay the Goods price through the payment card online, they are required to activate the online payment service in the bank that issued their payment card before creating and confirming the Shopping List if they do not have this service active any longer, as well as to verify whether the validity of the payment card expires before the expected day of the Goods delivery.
If the Customer's payment card is no longer valid on the day of the Goods delivery, Tesco is entitled to refuse delivery of the Goods. The Customer acknowledges that if they want to pay for the Goods stated on their Shopping List by credit card online, Tesco is entitled to verify the payment card details with the Customer's bank. For the purposes of this verification, Tesco may, additionally request confirmation of the value of the Shopping List that corresponds to the Order´s amount (confirmed Shopping List) + 15% of this value for possible changes in the Order. The Customer is informed of this amount when placing and confirming the Order. Tesco does not verify or block this value in any way in the Customer's account. Tesco may be entitled to block the amount of EUR 1 from the Customer's bank account within the payment card authorization process in order to further validate the Customer’s payment card.
On the day of delivery of Goods to the Customer, the Service costs stated on the Shopping List and the Delivery price or other valid charges based on a Pricelist or these GTC, e.g. Minimum basket charge (together hereinafter “Fees”) are blocked on the Customer's account. After the delivery of the Goods, the price of the actually purchased Goods accepted by the Customer and the Fees shall be deducted from the Customer’s account. The charged price of the Goods stated in the Shopping List, the Fees and as the case may be the amount of 1 € detained for the purpose of authorizing the Customer's payment card will be released within the time limits specified by the Customer’s bank, on average within about 10 working days.
If the Customer does not accept any of the Goods referred to their Shopping List within the agreed time, the price of the Goods listed in the Shopping List along with the Fees and possibly the amount of 1 € will be detained and these amounts will be subsequently released within the deadlines specified by the Customer’s bank, on average within about 10 working days. The amount retained on the Customer's account will not be deducted from the Customer’s account. Tesco declares that it has no effect and is unable to influence the length of the periods during which the amounts are blocked on the Customer's account. To reduce the risk of unauthorized access to data on the Customer's payment card, the data will be encrypted. Payment by cash, meal vouchers, gift vouchers, Clubcard vouchers or other valuables is not possible within the Service.
6.3 Returnable Packaging
Service costs in returnable packaging also include a deposit for this container. Information about the amount of the deposit is given for particular Goods. The Customer may return deposit packaging and recover the deposit during opening hours in any Tesco establishment, with regard to stock sold in this type of establishment. Packaging with deposit cannot be returned directly to the goods distribution Worker. Nor is it possible to apply a coupon for returned bottles with deposit put down via the Service
7. E-coupons
7.1 Standard conditions for use of E-coupons for Online shopping (hereinafter "E-Coupons")
If you have obtained or received an E-coupon from Tesco in the form of a leaflet supplement to print, email or otherwise, such an E-coupon can be applied as a discount (voucher) in accordance with these standard terms and conditions of use for E-coupons. The amount of the discount is given on the E-coupon.
7.2 Use of e-coupons
E-coupons acquired from Tesco, whether printed, electronic or other form, may be used only for purchases through the Service provided by Tesco on the website www.tesco.sk/potravinydomov in accordance with these Terms of Use for E-coupons. The validity and duration of the E-coupon is listed on the E-coupon.
The E-coupon can be applied by entering the code in the appropriate place during the electronic purchase in the Payment section. Eligibility to obtain an E-coupon may be subject to control consisting in the submission of a document/subsequent confirmation of eligibility to use an E-coupon.
Eligibility to use an E-coupon is automatically controlled by the electronic system. Using the E-coupon constitutes your unconditional and irrevocable consent to be bound by these terms and conditions for the use of E-coupons. Tesco reserves the right at any time and for any reason to cancel or change the conditions of use for E-coupons. E-coupons are the property of Tesco. The right to use an E-coupon is related to the original beneficiary (personal right) and cannot be transferred to another person, unless the E-coupon states otherwise.
E-coupons may not be copied, reproduced, distributed, published or disposed of, directly or indirectly (through another person) or in any other way. E-coupons distributed in any way, displayed or otherwise marketed without the prior consent of Tesco (i.e. the unauthorized disposal of an E-coupon) are invalid and no property rights arise from them.
7.3 Permitted use of E-coupons
Unless explicitly stated otherwise, an issued E-coupon:
- will be valid for the use of the Customer/recipient only once (i.e. single use);
- will be valid for single use by the Customer/beneficiary or a household;
- may not be used in conjunction with other E-coupons (prohibition of the use of the collected number of E-coupons) or other services as Service;
- can not be exchanged for cash or used to purchase gift vouchers.
7.4 Excluded goods or services
Some of the goods or services are excluded from E-coupon offers. With the E-coupons you can not buy tobacco, tobacco products, infant and baby food and prescription drugs (i.e. excluded goods). Tesco reserves the right to determine other goods or services that may be excluded. Any such exclusion of goods or services will be stated on the E-coupon or will be published on the website www.tesco.sk/potravinydomov. Excluded goods or services are not included in the created shopping list or purchase and therefore they are not subject to any discount.
7.5 Minimum purchase requirement
To use the E-coupon it is necessary to perform a (individual) purchase of designated/posted goods and services in the minimum amount listed on the E-coupon (hereinafter referred to as the "minimum purchase"). A minimum purchase is considered a purchase made via the Service in the minimum value stated on the E-coupon. An individual purchase means the actual receipt of the goods or services and payment of the purchase price for the accepted goods. Excluded goods, Fees and other payments, which are not directly payments for Goods, are not included in the minimum purchase.
7.6 Calculation of discount
The value of the minimum purchase amount and its respective discount will be shown on the E-coupon. The discount will be performed after fulfilling all the conditions of applying the E-coupon from the total purchase price of the goods or services. The prices of Goods and services include VAT. Discounts are not applicable to Fees.
7.7 Security and Anti-Fraud Measures
By using the E-coupon you are liable to Tesco that you are a proper and authorized recipient/customer and the holder of the E-coupon and at the same time that you use it in good faith (bona fide). Where there is reasonable suspicion on the part of Tesco that the recipient/customer/holder is a corrupt holder, for example, by obtaining the E-coupon otherwise than provided in these GTC (through purchase, fraud) or commits an offense or illegal act, Tesco reserves the right to unilaterally refuse to accept an E-coupon obtained through the breach of these GTC and reserves the right to cancel any E-coupon. Tesco reserves the right to take any other action it deems appropriate in such cases.
7.8 Limitation of Liability
Tesco accepts no responsibility for any financial loss resulting from the refusal, cancellation or withdrawal of any E-coupon or inability of the customer/recipient/holder or a household to properly enforce the rights arising from the E-coupon, or for any other reason.
7.9 Other
Tesco reserves the right to modify or terminate all E-coupons, changing their conditions at any time without notice.
8. Click+Collect Service
8.1 Click+Collect Service description and conditions
The "Click+Collect" service is an additional service to the Service. The "Click+Collect " service allows Customers to pick up the Goods ordered through the Service in person at the Collect Point. The Customer of the Service thus has the option of choosing between the delivery of the goods by Tesco to the required place of delivery or personal collection. The condition for using the "Click+Collect" service is its availability for the Customer. The "Click+Collect" service is available only for Customers who, according to the place of registration, fall into the individual areas of the Slovak Republic in which the Service is available ("Collect Point"). Information on the availability of the "Click+Collect" service will be available to the Customer at the time of entering the individual requirements of the Order into the web application of the Service. The Collect point is clearly marked with the "Click+Collect" service logo. Information on the price of the Service using "Click+Collect" will be available to the Customer at the time of entering individual requirements of the Order into the web application of the Service.
The appropriate provision of these GTC applies to the "Click+Collect" service, Art. IX Delivery of Goods. The following applies to the collection of the Goods within the "Click+Collect" service:
8.2 Collection of Goods at the Collect point
The goods at the Collect Point may only be taken over by a person over the age of 18 who has executed the Order and who tells the employee the number of the Order. It is not possible to deliver the goods to the Customer without submitting the Order number. If the dispatcher has doubts about the person's entitlement to take delivery of the goods, he is entitled to request an extension of the identity document from such a person in order to prove his age and identity. Tesco will not release the goods unless the takeover authorization is proven.
If the Goods selected by the Customer are not available and if the Customer has indicated that he wants to receive a replacement product when the selected products are not available, Tesco will send an electronic delivery note to the Customer to change the content of the purchase contract and the company will make every effort to deliver the goods. designed other products whose features and price were as similar as possible to the Customer of the selected product. During the selection of products, the Customer has the opportunity to express consent or disagreement with the replacement of the product, both at the level of the individual product and at the level of the entire shopping list. The price, package size and brand of the replacement product may differ from the price, package size and brand of the Product selected by the Customer.
Upon receipt of the goods by the Customer, these replacement products will be separated from the other Goods ordered by the Customer and the Customer is entitled to reject in whole or in part and Tesco automatically accepts such Customer's proposal to change the purchase contract. The customer also has the right to proceed according to Art. X. of these GTC (Withdrawal from the contract). A customer who has provided their payment card details in advance for the purpose of online payment will not be deducted from the payment card for the unclaimed goods.
9. Delivery of Goods
9.1 Terms of Delivery
Delivery of goods within the service is carried out on the days and at the time shown in the “Book time” section, except where provided otherwise in these GTC. Tesco delivers the goods at the earliest on the next day following the confirmation of the customer’s shopping list, if this day was shown as the earliest possible date of delivery. Tesco is committed to making every effort that may be justly required from it to perform the delivery of Goods on the agreed date and agreed time. Tesco is not responsible for late delivery due to force majeure or other unpredictable events (i.e. accidents and congestion on the roads).
9.2 Delivery of Replacement Items
Tesco does not guarantee the availability of the Goods presented on the website. If the Goods ordered by the Customer are not available, Tesco is entitled to offer replacement goods to the Customer, whose features and price are similar or the same as the price of the ordered unavailable Goods (hereinafter referred to as "Replacement Goods"). The Customer will also be informed about the delivery of the Replacement Goods via an email sent on the day of delivery of the Order (Electronic Delivery Note) as well and such Replacement Goods will be separated from those ordered by the Customer. Upon delivery of the goods, the Delivery Note will be handed over to the Customer at the same time in paper form. This Delivery Note is identical to the Electronic Delivery Note, but the Delivery Note legally prevail. The Electronic delivery note is for information purposes only.
In this section, the delivery of the Replacement Goods specified in the Delivery Note is considered a proposal for the conclusion of the contract by Tesco. The Purchase Agreement in relation to the Replacement Goods is concluded between Tesco and the Customer on the day of delivery of the Customer's Order (acceptance of the Replacement Goods by the Customer).
The Customer has the right to refuse to accept the entire Replacement Goods, as well as its parts. Price of the Goods not accepted by the Customer will not be included in the total payment for Goods, even if the Customer has previously entered data on the payment card to make the payment online.
In case of sale of Goods within the promotion of the Goods or their discounted sale whose amount is limited. The supply of such Goods depends on the order in which individual Customer Shopping Lists were delivered to Tesco. Tesco reserves the right not to supply the Goods if the goods from the promotional event are sold out.
9.3 Delivery of the Shopping List
Tesco delivers Goods exclusively in areas that can be discovered by clicking on the link in "Where We Deliver" and enter the postcode. Delivery is possible only to those Customers whose shipping address is located in the area covered by the use of Tesco within the Service. The Goods will be delivered to the door of the apartment or the house of the Customer, whose address was listed as the place of delivery. Within the Service, the Customer may request the delivery of Goods to a certain floor, while Tesco or the Worker of distribution to customers (hereinafter "the Deliverer") will make reasonable efforts to deliver them to the place designated by the Customer and must simultaneously satisfy all of the following conditions:
- the Deliverer is authorized to enter the building;
- entrance to the building shall not be obstructed by any obstacle;
- the Deliverer does not evaluate the Customer requirement as unreasonable or as one that could threaten or endanger the health, life, the Goods or other property.
If on the agreed time of delivery the Customer is not available at the stated delivery address, the Deliverer shall leave them a note at the place designated for delivery of mail (Customer’s mail box).
If the absence of the Customer is just temporary and the Deliverer is still located near the site of delivery, the Customer may contact the Customer Helpline and request that the Deliverer deliver the Goods to the Customer at an agreed alternative time. If the repeated delivery is possible on the same day, after agreement it will made at a new time of delivery. If the Deliverer is not close to the place of delivery and delivery on the same day is not possible, the Shopping List will be cancelled. The unsuccessful delivery of Goods for reasons based on the Customer's side establishes the right of Tesco for payment of the Delivery price.
Tesco reserves the right to refuse performing further deliveries to the Customer who has ordered the delivery of Goods and never once was located at the specified (agreed) place and time of delivery three times or more within one calendar month. Or if the Customer did not select any Goods from the delivered Goods and therefore the purchase agreement could not be concluded three times or more within one calendar month.
Tesco reserves the right to additionally inspect the data of the Customer, the Customer Shopping Lists and the delivery order of Goods, i.e. phone. Tesco reserves the right to refuse delivery of the Goods referred to in the Shopping List if it has reasonable grounds for suspecting that the Goods were ordered in violation of these GTC.
The Service price stated on several Shopping Lists with the same time, date and address of delivery will be charged for each Shopping List.
Tesco reserves the right to check the age of the person acquiring Goods at the point of delivery. If a person below the age of 18 years and the Goods cannot be taken by another person Tesco shall refuse the delivery of Goods to such a person, especially if the Goods are, for example, alcoholic beverages, cigarettes and the like.
The Customer may authorize the receipt of the Goods at the place of delivery only for a person older than 18 years of age. Tesco may not pass on alcoholic beverages to persons under 18 years of age, or persons under the influence of alcohol.
10. Complaints Procedure
Complaints of defective Goods shall be governed by the Tesco complaint (here).
The Complaints Procedure does not exclude that Tesco may allow Customers to file complaints and claims in other ways (while maintaining the Customer's rights under applicable law), which would in particular simplify resolution of such Customer´s claims. Such rules, if any, will be published by Tesco on the Website
11. Alternative resolution for consumer disputes
Alternative resolution for consumer disputes (ADR) is a process aimed at achieving an amicable settlement between consumers and entrepreneurs (traders) and preventing litigation between the two entities. If the Customer is dissatisfied with the outcome of their application for redress and the attempt to resolve a dispute with the entrepreneur is inconclusive, they have the right to submit a proposal to an appropriate entity for alternative dispute resolution, which in this case, for example, is Slovak Trade Inspection. Slovak Trade Inspection has all the necessary information about alternative procedures, through which the Customer can solve any dispute. More information on alternative resolutions for consumer disputes can be found at Slovak Trade Inspection: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi.
12. Supervisory Authority over Tesco
The supervisory authority over Tesco: government authorities in the field of Public Health, State Veterinary and Food Administration Office on the offer and sale of food, the Department of Public Health of the Slovak Republic and regional public health authorities over the supply and sale of cosmetics, Slovak Trade Inspection over the offer and sale of products and provision of services.
13. Personal Data Protection
Related provisions can be found in the corresponding section of Tesco Privacy Policy which is accessible through Tesco webpage at: www.tesco.sk/privacy-policy.
14. Contact
For any questions, doubts, opinions or comments, please contact our Customer Helpline by sending an email to: potravinydomov@itesco.sk or via the toll-free number 0800 222 333.
15. Final Provisions
Respective legal provisions applicable and effective in the Slovak Republic apply to the rights and obligations not governed by these GTC. All disputes arising out of the Services, unless the parties reach a settlement, will be settled by a competent Court of the Slovak Republic.
Tesco reserves the right to change these GTC. Changes shall not violate or restrict the rights of the Customer arising out of Shopping Lists and a performed delivery order before the entry into force of such changes. Tesco is entitled to change these GTC, in particular, but not only if any of the following reasons occur: changes in marketing strategy, changes in market conditions in the provision of similar services, due to technological development, enhancing of the Customer rights or his possibilities, due to increased Tesco costs or inflation according to the Statistical Office of the Slovak Republic, legislative changes or Slovak government decisions, or decisions of a public administration body or an EU body or for reasons caused by force majeure (e.g. natural disaster, virus, war).
Changes to these GTC shall be valid from the date of publication on the website. Tesco shall announce the changes to the GTC by sending a notice to the Customer by e-mail, including the reference to the text changed hereof. If the Customer does not agree with the change to the GTC they shall be entitled to cancel their Account on the Website.
These GTC are available on the Website, especially when registering the Customer, after logging in to the Service and easily accessible within the creation of the Shopping List and confirmation of the Order. These GTC are available on the Website in Slovak as well. In the event of any inconsistency between the Slovak and English versions, the Slovak version of the GTC shall prevail.
TESCO STORES SR, a.s.
2022