Terms & Conditions

1Introductory provisions and identification of the Seller

1. These General Terms and Conditions (the “GTC”) govern the rights and obligations of the parties arising from a distance purchase contract concluded through the online shop operated on the website www.killaxpablo.com (the “online shop”).
2. The Seller and operator of the online shop is:
   NGP Tobacco Online s. r. o.
   registered office: Mikovíniho 19, 917 02 Trnava, Slovak Republic
   Company ID (IČO): 54 679 800
   VAT ID: SK2121752842
   registered in the Commercial Register of the Trnava District Court, Section: Sro, Insert No. 51866/T
   e-mail: info@killaxpablo.com
   telephone: +421 2 3333 1066
   website: www.killaxpablo.com
   (the “Seller”).
3. The Buyer is a natural person entering into the purchase contract outside the scope of their business activity as a consumer (the “consumer”), or a person entering into the purchase contract within the scope of their business activity (the “business customer”); together the “Buyer”. Provisions of these GTC marked as special provisions for the protection of consumers apply exclusively to consumers.
4. Legal relations between the Seller and a consumer are governed by the law of the Slovak Republic, in particular Act No. 40/1964 Coll., the Civil Code, as amended (the “Civil Code”), and Act No. 108/2024 Coll. on Consumer Protection, as amended (the “Consumer Protection Act”). Legal relations between the Seller and a business customer are governed by Act No. 513/1991 Coll., the Commercial Code, as amended.
5. The choice of Slovak law does not deprive a consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence within the meaning of Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I).
6. The GTC form an integral part of the purchase contract. Deviating arrangements in the purchase contract prevail over the provisions of these GTC.
7. The Delivery Terms, the Returns and Complaints document and the Privacy Policy, published on the Seller’s website, form an integral part of these GTC. In the event of any conflict between the GTC and those documents, these GTC prevail unless stated otherwise in them.
8. The Seller is not bound by any code of conduct in relation to the Buyer.

2Age restriction

1. THE GOODS OFFERED IN THE ONLINE SHOP ARE INTENDED EXCLUSIVELY FOR PERSONS OVER 18 YEARS OF AGE. A person under 18 years of age is not entitled to order goods or to conclude a purchase contract.
2. On entering the online shop, the visitor confirms that they have reached 18 years of age. By submitting an order the Buyer declares that they meet this condition.
3. The Seller is entitled to verify the Buyer’s age, including through the carrier upon handover of the consignment; the Buyer is obliged to produce an identity document on request and is entitled to redact any data not required for age verification.
4. If it transpires that an order was placed by a person under 18 years of age, the Seller is entitled to withdraw from the purchase contract and not to deliver the consignment; any purchase price already paid will be refunded.
5. The products contain caffeine and are not suitable for children, adolescents, pregnant or breastfeeding women, or persons sensitive to caffeine. The products contain no nicotine and no tobacco.

3Information on goods, prices and availability

1. Information on the goods, including their main characteristics, is provided with each item in the online shop.
2. For products that are food, the Seller makes available, before the conclusion of the purchase contract, the mandatory food information to the extent required by Article 14 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, in particular the name of the food, the list of ingredients, allergen information, the net quantity, storage and use conditions, nutrition information and the statement concerning caffeine content. This information is available with each product and at no additional cost to the Buyer.
3. The date of minimum durability and the particulars which, under that Regulation, appear only on the packaging are provided by the Seller at the latest at the moment of delivery of the goods.
4. Prices of the goods are stated in euro and are final, inclusive of value added tax and all other taxes. Delivery costs are not included in the price of the goods and are notified to the Buyer before the order is submitted.
5. Where a price reduction is indicated with the goods in the online shop, the Seller also states the prior price to the extent required by law.
6. The display of goods in the online shop does not constitute an offer to conclude a contract; it is an invitation to the Buyer to submit an order.
7. If an obvious technical error occurred in stating the price of the goods, the Seller is not obliged to deliver the goods at such an erroneous price. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer’s e-mail address; the amended offer is deemed a new proposal for a purchase contract, which is in that case concluded upon the Buyer’s confirmation of acceptance.

4Order and conclusion of the purchase contract

1. The Buyer orders goods through their customer account or by completing the order form without registration.
2. When ordering, the Buyer selects the goods, the number of items, the method of payment and the method of delivery. Before submitting the order, the Buyer is able to check and change the data entered and to identify and correct errors made when entering them.
3. The validity of an order is conditional upon completing all mandatory data and upon the Buyer’s confirmation that they have acquainted themselves with these GTC, the Delivery Terms, the Returns and Complaints document and the Privacy Policy.
4. An order submitted by the Buyer is a proposal for the conclusion of a purchase contract. Submitting the order entails an obligation to pay.
5. Immediately upon receipt of the order, the Seller sends the Buyer an automatic acknowledgement of receipt to the e-mail address provided. This acknowledgement does not constitute acceptance of the proposal to conclude the contract.
6. THE PURCHASE CONTRACT IS CONCLUDED ONLY AT THE MOMENT WHEN THE SELLER SENDS THE BUYER A CONFIRMATION OF THE ORDER (ACCEPTANCE) TO THEIR E-MAIL ADDRESS. The confirmation includes the wording of these GTC and confirmation of the conclusion of the contract on a durable medium.
7. The Buyer may cancel the order until the Seller delivers the confirmation of the order under paragraph 6, by e-mail or by telephone using the contact details stated in Article I. After the conclusion of the purchase contract, the order may be cancelled only by agreement with the Seller or by withdrawal from the contract under Article VIII.
8. The Seller archives the purchase contract including the GTC in electronic form. The consumer has the right to request access to it at any time and the Seller shall provide it without undue delay on a durable medium.
9. The purchase contract is concluded in the language of the language version of the online shop in which the Buyer submitted the order. The Seller makes these GTC, the Delivery Terms, the Returns and Complaints document and the Privacy Policy available in every language in which the online shop is made available for ordering.
10. WHERE THE BUYER IS A CONSUMER, IN THE EVENT OF A DISCREPANCY BETWEEN LANGUAGE VERSIONS OF THE DOCUMENTS UNDER PARAGRAPH 9, THE VERSION IN THE LANGUAGE IN WHICH THE CONTRACT WAS CONCLUDED IS DECISIVE; if no version is made available in that language, the English version is decisive. In relation to a business customer and in all other cases the Slovak version is decisive. A discrepancy between language versions does not affect the validity of the purchase contract.

5Customer account

1. Following registration, the Buyer may access their customer account. Goods may also be ordered without registration.
2. The Buyer is obliged to provide correct and truthful data when registering and ordering and to update it when it changes.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality of the access credentials and is not entitled to allow third parties to use the account. The Seller is not liable for misuse of the account resulting from a breach of this obligation.
4. The Seller may cancel the customer account, in particular where the Buyer has not used it for a long period or where the Buyer breaches obligations under the purchase contract or these GTC. The Seller shall inform the Buyer of the cancellation.
5. The Buyer acknowledges that the customer account may not be available continuously, in particular with regard to maintenance of technical equipment.

6Payment terms

1. The Buyer may pay the purchase price and the delivery costs by the methods stated in the online shop at checkout, in particular by cashless payment by payment card through a payment gateway.
2. Payments are processed by a payment service provider; the Seller has no access to the Buyer’s full payment card details and does not process them.
3. The purchase price is payable immediately upon conclusion of the purchase contract. The Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
4. The Seller does not require any advance or similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not an advance.
5. The Seller shall issue a tax document – invoice to the Buyer and send it to their e-mail address in electronic form.

7Delivery of goods, acquisition of title and passing of risk

1. The methods of delivery, time limits, delivery charges, territorial scope of delivery and the conditions for delivery outside the European Union are set out in the separate Delivery Terms, which form an integral part of these GTC.
2. The Buyer is obliged to take over the goods upon delivery. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than agreed, the Buyer is obliged to pay the costs associated with such delivery.
3. The Buyer acquires title to the goods upon full payment of the purchase price including delivery costs, but no earlier than upon taking over the goods.
4. The risk of accidental destruction and accidental deterioration of the goods passes to the consumer upon taking over the goods. It passes to a business customer upon handover of the goods to the first carrier.

8Withdrawal from the contract by the consumer (special provision for the protection of consumers)

1. A consumer is entitled to withdraw from a distance purchase contract without giving a reason within 14 days of the day on which the consumer or a third party designated by them, other than the carrier, takes over the goods.
2. Where the subject of the contract is several types of goods or the delivery of several parts, the period runs from the day of taking over the last item or the last part. Where the subject of the contract is the repeated delivery of goods, the period runs from the day of taking over the first delivery.
3. The withdrawal period is deemed observed if the notice of withdrawal was sent to the Seller no later than on the last day of the period.
4. The consumer may use the model withdrawal form, which forms Annex No. 1 to these GTC, but is not obliged to do so; an unequivocally worded statement sent to the Seller’s e-mail or postal address is sufficient. The Seller shall confirm receipt of the withdrawal without undue delay.
5. THE CONSUMER MAY NOT WITHDRAW FROM A CONTRACT THE SUBJECT OF WHICH IS, IN PARTICULAR:
   • (a) the sale of goods enclosed in protective packaging which are not suitable for return for reasons of health protection or hygiene and whose protective packaging was broken after delivery – in the case of caffeine pouches this means an opened can or broken protective packaging;
   • (b) the sale of goods made to the consumer’s specific requirements, goods made to measure or goods intended specifically for one consumer – in the case of merchandise this means in particular personalised printing, embroidery or a name;
   • (c) the sale of goods subject to rapid deterioration or decay;
   • (d) the sale of goods which, after delivery, were inseparably mixed with other goods by their nature;
   • (e) the supply of digital content not supplied on a tangible medium, where its supply began with the consumer’s express consent and the consumer declared that they had been informed of the loss of the right of withdrawal;
   • (f) further cases laid down by the Consumer Protection Act.
6. The consumer is obliged to send the goods back to the Seller or hand them over to the Seller no later than 14 days from the day of withdrawal. The period is deemed observed if the goods were handed over for carriage within that period.
7. The consumer bears the direct costs of returning the goods, including where the goods cannot, by their nature, be returned by post.
8. THE CONSUMER IS LIABLE ONLY FOR ANY DIMINISHED VALUE OF THE GOODS RESULTING FROM HANDLING OF THE GOODS BEYOND WHAT IS NECESSARY TO ESTABLISH THEIR NATURE AND FUNCTIONING. The return of the goods is not conditional upon the goods being unused or in undamaged original packaging; the Seller is, however, entitled to set off unilaterally its claim for compensation for the diminished value of the goods against the consumer’s claim for a refund of the purchase price.
9. The Seller shall refund to the consumer all payments received from them under or in connection with the contract, including the costs of delivery of the goods, without undue delay and no later than 14 days from the day on which the notice of withdrawal was delivered. The refund will be made using the same means of payment as used by the consumer, unless expressly agreed otherwise and provided that the consumer incurs no additional costs.
10. If the consumer chose a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs exceeding the costs of the least expensive standard delivery method.
11. The Seller is not obliged to make the refund before the goods are delivered to it or before the consumer proves that the goods have been sent back.

9Withdrawal from the contract by the Seller

1. The Seller is entitled to withdraw from the purchase contract due to the sale of stock, the unavailability of the goods, or where the manufacturer, importer or supplier of the goods has discontinued production or import of the goods, as well as in the case under Article II(4).
2. The Seller shall inform the Buyer of the withdrawal without undue delay at the e-mail address stated in the order and shall, within 14 days of the notification, refund all payments received from the Buyer including delivery costs.

10Liability for defects and complaints procedure

1. The Seller is liable to the consumer for the goods being free from defects upon takeover and for meeting the subjective and objective requirements for conformity of the goods with the contract under the Civil Code, in particular for the goods having the agreed characteristics and quantity, being fit for the purpose for which goods of that kind are normally used, corresponding to the description and to the sample provided by the Seller, and being delivered with the accessories and instructions that the consumer may reasonably expect.
2. The consumer is entitled to assert rights arising from defects occurring in consumer goods within 24 months of taking over the goods. In the case of food, that period is limited by the date of minimum durability or the use-by date stated on the packaging.
3. Where a defect becomes apparent within 12 months of taking over the goods, the goods are presumed to have been defective upon takeover, unless the nature of the goods or of the defect precludes that presumption.
4. Paragraphs 1 to 3 do not apply to goods sold at a lower price on account of a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, or to a defect of which the consumer was aware at the conclusion of the contract or which the consumer caused.
5. In the event of defective performance, the consumer may request the removal of the defect by repair or by replacement of the goods. Where the removal of the defect is impossible or would be disproportionately costly, where the Seller has not removed the defect within a reasonable time or without significant inconvenience to the consumer, where the same defect recurs, or where the defect is serious, the consumer may request a reasonable reduction of the purchase price or withdraw from the contract. Withdrawal is not available for a defect that is negligible.
6. The consumer asserts a complaint with the Seller by e-mail at info@killaxpablo.com or in writing at the Seller’s registered office. In the complaint the consumer shall state the order number, the designation of the goods, a description of the defect and the chosen manner of settlement of the complaint; in the case of food we recommend also enclosing a photograph of the goods and the packaging including the batch marking and the date of minimum durability.
7. The Seller shall issue the consumer with a confirmation of the complaint. The Seller shall settle the complaint without undue delay and, in complex cases, shall decide on the manner of settlement within three working days. The settlement of the complaint including the removal of the defect must not take longer than 30 days from the day the complaint was asserted, unless the Seller and the consumer agree a longer period. The lapse of that period without settlement is deemed a serious breach of contract and the consumer is entitled to withdraw from the contract.
8. The Seller shall inform the consumer of the outcome of the complaint and shall issue a written document to that effect.
9. Where a complaint is justified, the consumer is entitled to reimbursement of the costs reasonably incurred in connection with asserting it.
10. In relation to a business customer, liability for defects is governed by the Commercial Code; paragraphs 1 to 9 do not apply to a business customer.

11Special provisions on products that are food

1. Caffeine pouches are food. The Seller is responsible for the goods meeting the requirements of food law, in particular Regulation (EU) No 1169/2011 and Act No. 152/1995 Coll. on Food, as amended.
2. The Buyer is obliged to store the goods in accordance with the conditions stated on the packaging and to consume them by the date of minimum durability.
3. The recommended daily amount is stated on the packaging. The products are not a substitute for a balanced diet and are not intended for therapeutic purposes.
4. For reasons of health protection and hygiene, goods whose protective packaging was broken after delivery cannot be returned (Article VIII(5)(a)).

12Special provisions on merchandise

1. Merchandise means textile and accessory goods offered in the online shop, in particular clothing, caps, bags and similar products.
2. For merchandise, the Seller states the material composition, care instructions and a size chart. The dimensions stated in the size chart are indicative, with customary manufacturing tolerance; a deviation within that tolerance is not a defect of the goods.
3. The colour rendering of the goods in photographs in the online shop may differ slightly from reality as a result of the settings of the Buyer’s display device; such a deviation is not a defect of the goods.
4. The consumer is entitled to withdraw from a contract for the purchase of merchandise within the period under Article VIII. Trying on the goods in order to establish their nature and functioning is permitted and does not entail the loss of the right of withdrawal.
5. However, if the merchandise was worn beyond trying on, washed, damaged, soiled or scented, or if the tags were removed, the Seller is entitled to reduce the refunded purchase price by an amount corresponding to the diminished value of the goods under Article VIII(9). The Seller is obliged to quantify and justify the reduction.
6. For merchandise made to the consumer’s specific requirements, in particular with personalised printing, embroidery, a name or a number, no right of withdrawal arises (Article VIII(5)(b)). The consumer is specifically informed of this before submitting the order and confirms it by ticking a separate box.
7. Liability for defects in merchandise is governed by Article X. Wear and tear caused by normal use and damage caused by failure to observe the care instructions are not defects.
8. Where merchandise is supplied through a third party on the basis of a made-to-order arrangement, delivery times may be longer; the Seller states them with the relevant goods.

13Protection of personal data

1. The processing of Buyers’ personal data is governed by the Privacy Policy published on the Seller’s website.

14Correspondence

1. The parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer delivers correspondence to the Seller at the e-mail address stated in Article I. The Seller delivers correspondence to the Buyer at the e-mail address stated in their customer account or in the order.

15Supervisory authority and out-of-court resolution of consumer disputes

1. The supervisory authority for consumer protection is the Slovak Trade Inspection, Inspectorate of the SOI for the Trnava Region, Pekárska 23, 917 01 Trnava.
2. Supervision of compliance with food law requirements is exercised by the State Veterinary and Food Administration of the Slovak Republic and the competent Regional Veterinary and Food Administration.
3. The consumer has the right to request redress from the Seller if they are dissatisfied with the manner in which a complaint was settled or if they consider that the Seller has infringed their rights. If the Seller rejects the request or fails to respond to it within 30 days of its dispatch, the consumer has the right to file a motion for alternative dispute resolution under Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended.
4. The entity for alternative dispute resolution is the Slovak Trade Inspection or another authorised legal person entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. A consumer residing in another Member State of the European Union may also turn to the alternative dispute resolution entity competent under the law of their country of residence.
5. This is without prejudice to the consumer’s right to bring the matter before a court.

16Intellectual property and use of the online shop

1. All rights to the Seller’s website, in particular copyright in the content including the page layout, photographs, videos, graphics, trade marks, logo and other elements, belong to the Seller or to persons who have granted it a licence. Copying, modifying or otherwise using the website or any part of it without the Seller’s consent is prohibited.
2. When using the online shop, the Buyer must not use procedures capable of adversely affecting its operation or interfere with its software.
3. The Seller is not liable for errors arising as a result of third-party interference with the online shop or as a result of its use contrary to its intended purpose.

17Final provisions

1. These GTC are available to the Buyer free of charge and permanently on the Seller’s website in a form that allows them to be stored and reproduced.
2. The Seller is entitled to amend or supplement the wording of the GTC. The version of the GTC in force at the time the order is submitted is decisive for the particular purchase contract; an amendment of the GTC does not affect rights and obligations arising during the effectiveness of the previous version.
3. If any provision of these GTC becomes invalid or ineffective, the validity of the remaining provisions is not affected.
4. Annex No. 1 to these GTC is the model withdrawal form.
5. These GTC take effect on October 13th 2026.

18Annex No. 1 – Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract; the form is not mandatory)

To:

NGP Tobacco Online s. r. o., Mikovíniho 19, 917 02 Trnava, Slovak Republic

e-mail: info@killaxpablo.com

I hereby give notice that I withdraw from the contract for the purchase of the following goods:

_____________________________________________________________________

_____________________________________________________________________

Order number: _________________________________________________________

Date of order: _________________________________________________________

Date of receipt of the goods: ____________________________________________

Name and surname of the consumer: _____________________________________

Address of the consumer: _______________________________________________

E-mail of the consumer: ________________________________________________

Account number for the refund (if it is to be refunded other than by the original means): ______________________

Date: __________________ Signature of the consumer: __________________

(a signature is required only where the form is submitted in paper form)