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General Business Terms and Conditions

of the company: Diamante s.r.o.

1. General provisions

1.1. These General Business Terms and Conditions (hereinafter also referred to as "GBTC") regulate the rights and obligations of the Parties arising in the context of the purchase contract made and entered into between the Seller, which is Diamante s.r.o., with the registered office at Zavarská 10G, 917 01 Trnava, business ID number: 47625431, registered in the Commercial Register maintained by the District Court of Trnava, Section: Sro (ltd.), File no.:  33877/T, Tax ID no.: 024013442, VAT no.: SK2024013442, hereinafter referred to as the "Seller") and the Buyer, the subject of which is the purchase and sale of goods on the website of the Seller's store.

The Seller's contact details:

E-mail: info@diamante.sk    

Postal address: Diamante s.r.o., Zavarská 10G, 917 01 Trnava

 

Non-cash payments account number: FIO Banka

EUR – payments from the Slovak Republic (and other countries in SEPA)

FIO Banka

IBAN: SK68 8330 0000 0028 0119 8140

SWIFT/BIC: FIOZSKBAXXX

 

Supervisory body:

Slovenská obchodná inšpekcia (SOI)  The Slovak Trade Inspection

SOI  Inspectorate for the Trnava region

Pekárska 23, 917 01 Trnava 1

Department of Supervision

Phone no.: +421 33/321 25 27, +421 33/321 25 21, Fax no.: 033/321 25 23

1.2. These GBTC regulate the rights and obligations of the Seller and the Buyer and apply to purchase contracts made and entered into on any website of the online store operated by the Seller, on the basis of which the Seller delivers the goods presented on the relevant website to the Buyer (hereinafter referred to as the "Purchase Contract") and to all relations between the Seller and the Buyer arising mainly during the conclusion of the purchase contract and the goods claim, in the event that the Buyer accedes to these GBTC when ordering the goods.

1.3. If the Buyer accedes to these GBTC, they shall become an integral part of the purchase contract. In the event that the Seller and the Buyer enter into a written purchase contract in which they agree on conditions different from these GBTC, the provisions of the purchase contract take precedence over the provisions of these GBTC.

 

1.4. The list of goods on any website of the online store operated by the Seller represents a catalogue of normally supplied goods, and the Seller does not guarantee the immediate availability of all listed goods. The availability of the goods will be confirmed for the Buyer based on the Buyer's inquiry. All stated prices for goods and services and all fees in the online store are VAT inclusive.

 

2. Method of Entering into the Purchase Contract

2.1. The Buyer sends his order by filling out the form through the Seller's online store, by e-mail or by phone (hereinafter referred to as the "Order"). Sending the order by the Buyer according to the previous sentence is not considered as the conclusion of the purchase contract, but only as a proposal for its conclusion. The automatically executed notification of order acceptance from the Seller's electronic system, which the Buyer receives at his e-mail address immediately after sending the order, is not considered a binding acceptance of the order, but only a confirmation of sending the order through the online store.

 

2.2. The purchase contract between the Seller and the Buyer is only made and entered into with the binding acceptance of the Buyer's order by the Seller in the form of an e-mail confirmation of order acceptance marked as "order confirmation". The Seller sends the binding acceptance notification of the order to the Buyer based on the previous acceptance of the Buyer's order and after the subsequent verification of the availability of the goods, valid prices and the delivery date of the goods requested by the Buyer. If a higher price of the goods is found, the Seller is obliged to request the Buyer's consent to the change of the price according to the current price list before confirming the order. In this case, the contractual relationship is considered concluded only after the Seller, based on the Buyer's consent with the price change, bindingly accepts the Buyer's order.

 

2.3. The binding acceptance of the order contains data on the name and specification of the goods, the sale of which is the subject of the purchase contract, further data on the price of the goods and/or other services, data on the delivery period of the goods, the name and data on the place where the goods are to be delivered and data on the price, the conditions, method and date of transportation of the goods to the agreed place of delivery of the goods for the Buyer, data about the Seller (business name, registered office, business ID number, registration number in the Commercial Register, etc.), or other data.

 

2.4. The Buyer may deliver to the Seller by e-mail or by telephone a notification that he is unilaterally cancelling the order until the confirmation of the order is received. The Buyer is obliged to state the name, e-mail address and description of the ordered goods in the notification about the cancellation of order. In case of cancellation of the order, the Seller does not charge the Buyer any fees related to the cancellation of the order. In the event that the Buyer has paid the Seller the purchase price or a part thereof in the time before the cancellation of the order, the Seller will return the already paid purchase price or a part thereof within 7 (seven) days from the cancellation of the order by transfer to the Buyer's bank account, unless the Parties agree on another method of returning the purchase price.

 

2.5. In the case of ongoing sales of the goods, the sale on the Seller's website is administered, in addition to these GBTC, by the binding conditions of the relevant sale, which the Seller publishes on their website. In the event that the Buyer orders goods contradictory to the terms of the relevant sale, the Seller is entitled to cancel the Buyer's order.

The customer will be informed about the cancellation of the order by e-mail, and in case of payment of the purchase price or a part thereof, the funds will be returned to him within 7 (seven) days to the account specified by him, unless otherwise agreed with the Seller

 

3. The Seller's Rights and Obligations

3.1. The Seller is obliged to:

- on the basis of the concluded purchase contract, deliver the goods to the Buyer in the agreed quantity, quality and date and pack them or prepare them for transport in a manner necessary for their preservation and protection,

- to ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,

- hand over to the Buyer, at the latest together with the goods, in a written or electronic form, all the documents necessary for taking over and using the goods, as well as other documents prescribed by valid legal regulations (instructions in the Slovak language, warranty card, delivery note, tax document).

 

3.2. The Seller has the right to proper and timely payment of the purchase price by the Buyer for the delivered goods.

 

3.3. The Seller has the right not to accept or cancel the Buyer's order if, due to sold-out stocks or the unavailability of the goods, they are unable to deliver the goods to the Buyer within the period determined by these GBTC or at the price indicated in the online store, unless the Seller agrees with the customer on alternative delivery. The customer will be informed about the cancellation of the order by phone or e-mail, and in case of payment of the purchase price or a part thereof, the funds will be returned to him within 15 (fifteen) days to the account specified by him, unless otherwise agreed with the Seller.

 

3.4. The Seller is entitled to verify the identity of the Buyer or the person authorized to receive the goods during the personal takeover of the goods at the Seller's premises in cases where the delivery of the goods to the Buyer is paid in advance by credit card, via bank transfer or is to be paid within the due date specified in the invoice issued by the Seller.

 

4. The Buyer's Rights and Obligations

4.1. The Buyer is obliged to:

- take over purchased or ordered goods,

- pay the Seller the agreed purchase price within the agreed due date, including the costs of delivering the goods,

- confirm receipt of the goods in the delivery note by his signature or by the signature of a person authorized by him.

 

4.2. The Buyer has the right to delivery of the goods in the quantity, quality, date and place agreed by the Parties in the binding acceptance notification of the order.

5. Delivery and Payment Conditions

5.1. The goods are sold according to the displayed samples, catalogues, type sheets and sample books of the Seller located on the website of the Seller's online store.

5.2. In the case of a valid conclusion of the purchase contract, the Seller is obliged to fulfil the Buyer's order and deliver the goods to the Buyer without undue delay, at the latest within 30 (thirty) days from the delivery of the goods by the Seller's supplier or the delivery of the goods by the manufacturer of the goods to the Seller. The Buyer accepts this delivery period. In the event that the goods are to be in the Seller's warehouse, the Seller is obliged to fulfil the Buyer's order and deliver the goods to the Buyer immediately, usually by sending the goods or preparing them for takeover within 3 (three) days, but no later than 30 days from the conclusion of the purchase contract. If the Seller is unable to meet the above-mentioned deadlines, they will notify the Buyer of this fact.

 

5.3. The Buyer is obliged to take over the goods at the place indicated in the confirmation of the Buyer's order by the Seller.

 

5.4. The Seller may invite the Buyer to take over the goods before the expiration of the period agreed in the purchase contract, and if the Buyer agrees to take over the goods earlier, they will agree on a specific method of taking over the goods by the Buyer.

 

5.5. The weight, dimensions and other data about the goods contained in the catalogues, brochures and other documents of the Seller given by the manufacturer may differ from reality by ± 10% of the stated value. The Buyer takes note of this fact.

 

5.6. The place of delivery of the goods is the place indicated in the confirmation of the order by the Seller, unless the Parties agree otherwise.

 

5.7. In the event that the Seller delivers the goods to the Buyer to the place specified by the Buyer in the purchase contract, the Buyer is obliged to take over the goods in person or to ensure that the goods are taken over by a person whom he authorizes in the event of his absence to take over the goods specified in the purchase contract and to sign the takeover and handover protocol. The third party authorized to take over the goods specified in the purchase contract is obliged to submit the original or a copy of the written authorization to the Seller. If it is necessary to repeat the delivery of the goods due to the absence of the Buyer at the place specified in the purchase contract, all costs incurred will be covered by the Buyer, in particular the repeated delivery of the goods to the place specified in the purchase contract. The goods are considered delivered at the moment of delivery to the address indicated in the binding confirmation of the order and taken over at the moment of physical acceptance of the goods by the Buyer or his authorized representative.

 

5.8. The Buyer is obliged to inspect the goods, as well as their packaging, immediately upon delivery. If the Buyer discovers that the goods or the packaging is mechanically damaged, he is obliged to notify the carrier of this fact without undue delay and to check the condition of the goods in his presence. In the event of damage to the goods upon receipt by the Buyer, the Buyer shall immediately upon receipt of the goods make a record of the extent and nature of the damage to the goods (damage record), the correctness of which shall be confirmed by the carrier. On the basis of such record delivered to the Seller in this manner, the Seller, after concluding the damage event with the carrier, may repair the damaged goods, may provide a discount on the goods or, in the case of irreparable defects of the goods, deliver new goods to the Buyer or agree with him to cancel the purchase contract.

 

5.9. In the event of non-delivery of the goods by the Seller within the terms specified in paragraph 5.2. hereof, the Buyer is entitled to withdraw from the purchase contract, and the Seller is obliged to return to the Buyer the already paid part of the purchase price within 15 (fifteen) days from the delivery of the withdrawal from the purchase contract by non-cash transfer to the Buyer's account specified by the Buyer.

 

5.10. The Buyer will receive an invoice by e-mail for each shipment. If the invoice does not replace the warranty card or the delivery note, the Buyer will receive these documents, or other necessary documents, in the packaging of the goods.

 

5.11. Payment methods:

- in cash when taking over the goods at the Seller's place of business,

- by payment card at the Seller's place of business,

- payment in advance to the Seller's bank account,

- in cash upon takeover of the goods when the payment is made on delivery.

 

5.12. Method of takeover of the goods

- takeover of the goods in person (if the Buyer chooses the Seller's place of business as the place of takeover of the goods, he has the opportunity to see, check, test the goods, or return /not take over/ them directly at the given place),

- delivery by post, transport company or other method according to the Buyer's choice (the Buyer must always be informed about the final price of the chosen method of transport).

 

5.13. If the Buyer chooses to pay by bank transfer in advance to the Seller's bank account, the Seller will automatically send him an advance invoice by e-mail. Sending an advance invoice according to the previous sentence does not constitute confirmation of the order in the sense of paragraph 2.2 hereof. After crediting the payment to the Seller's account, the Seller will send the Buyer a tax document confirming it. When paying in advance by bank transfer, the delivery date may be affected by the payment date. In this case, the deadlines according to paragraph 5.2. hereof only begin to run on the day the full payment is credited to the Seller's account. In the event that the payment for the ordered goods is not credited to the Seller's account no later than 5 (five) business days after the confirmation of the order, the purchase contract is automatically cancelled, unless the Seller and the Buyer agree otherwise.

 

 

 

5.14. The price for the delivery of the goods is calculated by the Seller's information system according to the weight of the order, the delivery address, the selected method of transport and according to the current price list for individual methods of transport. The shipping costs will never be higher than the amount which is displayed for the Buyer in the Seller's online store before confirming the order.

 

6. Purchase Price

6.1. The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the purchase contract and/or according to the Seller's price list valid at the time of the conclusion of the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the "purchase price") by one of the payment methods specified in paragraph 5.11 hereof.

 

6.2. If the Buyer pays the Seller the purchase price by non-cash transfer, the date of payment is considered the day when the entire purchase price is credited to the Seller's account.

 

6.3. The Buyer is obliged to pay the Seller the purchase price for the ordered goods within the period according to the purchase contract, but at the latest upon taking over the goods.

 

6.4. In the event that the Buyer pays the Seller the purchase price for the goods agreed in the purchase contract, the Buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic, the purchase contract and these GBTC.

 

6.5. The costs associated with the assembly and carrying of the goods to a destined place are not included in the purchase price of the goods, and the Seller is not obliged to provide these services to the Buyer.

 

6.6. All sales are valid until the supplies last, unless otherwise stated for a specific product.

 

6.7. In the event that the purchase price for returned or claimed goods and goods for which the contract has been withdrawn will be paid by the Buyer in the form of gift certificates, or by their combination with monetary payment, the Seller will return the purchase price to the Buyer in the same form as it was paid by the Buyer. However, the value of the gift certificates returned to the Buyer must not be higher than the value of the gift certificates paid by the Buyer when purchasing the goods. If the return of gift certificates would be impossible for objective reasons, especially because the Seller does not have gift certificates in the required amount, the Seller will provide the Buyer with monetary compensation.

 

7. Acquisition of Ownership and Passing of the Risk of Damage to the Goods

7.1. The Buyer acquires ownership rights to the goods only upon full payment of the entire purchase price for the goods.

7.2. The risk of damage to the goods passes on the Buyer when he takes over the goods from the Seller, or when he does not do so in time, then the risk passes on the Buyer when the Seller allows him to handle the goods and when the Buyer takes over the goods.

 

8. Complaints Procedure (Responsibility for Defects, Warranty, Complaints)

8.1. If the goods delivered by the Seller have defects, the Buyer has the right to make a complaint about it. In case of any complaint, the Buyer and Seller will proceed in accordance with the complaint procedure, which is available on the Seller's website.

 

9. Personal Data Processing

9.1. The Parties have agreed that, for the purpose of proper processing and delivery of the order, if the Buyer is a natural person, that he is obliged to notify the Seller in the order of his name and surname, address of permanent residence, including zip code, telephone number and e-mail address.

 

9.2. The Parties have agreed that, for the purpose of proper processing and delivery of the order, if the Buyer is a legal entity, he is obliged to notify the Seller in the order of his business name, registered office address, including zip code, business ID no., VAT number (if assigned), telephone number and email address.

 

9.3. The Buyer who has been registered in the online store may check and change the provided personal data at any time, as well as cancel his registration directly in online mode on the website of the online store, in the customer section, immediately after logging in.

 

9.4. The Seller hereby informs the Buyer that pursuant to Article 6 paragraph 1 letter b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (hereinafter referred to as the "Regulation"), the Seller as the operator of the information system will process the Buyer's personal data prior to entering into the purchase contract without his consent as being the data subject, as the processing of the Buyer's personal data will be carried out by the Seller within the pre-contractual relations with the Buyer and the processing of the Buyer's personal data is necessary for the performance arising out of the purchase contract, in which the Buyer acts as one of the Parties.

 

9.5. Pursuant to Article 6 paragraph 1 letter f) of the Regulation, the Seller may, on the basis of the Buyer's legitimate interest and with his consent, process his personal data also for direct marketing purposes and send to the Buyer's e-mail address information about new products, discounts and sales of the offered goods, or services. The data subject expresses his consent by ticking the relevant box before sending the order or when registering on the online store www.diamante.sk, for the Seller to process and store his personal data, such as: first name, surname, e-mail address in the Seller's activity related to sending information about news and special sales offers. The Buyer may withdraw consent to the processing of personal data at any time.

 

9.6. The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic.

 

9.7. The Seller declares that in accordance with Article 5 paragraph 1 letter a) and letter b) of the Regulation, they will acquire the Buyer's personal data exclusively for the purpose specified in these GBTC.

 

9.8. The Seller declares that for purposes other than those stated in these GBTC, they will always obtain the Buyer's personal data separately on an appropriate legal basis and at the same time they will ensure that these personal data will be processed and used exclusively in a manner that corresponds to the purpose for which they were collected and will not be associated with the personal data that was obtained for another purpose or for the purpose of fulfilling the purchase contract.

 

9.9. Prior to sending the order, the Buyer will be asked to confirm by ticking the box before sending the order that the Seller has notified him in a sufficient, comprehensible and unmistakable way of the following:

a) the Seller's identification data, which is listed in Article 1 of these GBTC and complaint conditions proving the identity of the Seller,

b) contact details of the Seller, or a responsible person of the Seller,

c) the purpose of processing personal data, which is the conclusion of a purchase contract between the Seller and the Buyer and the legal basis for processing personal data,

d) that the Buyer is obliged to provide the required personal data for the purpose of concluding the purchase contract and proper processing and delivering of the order,

e) if the processing is based on Article 6 paragraph 1 letter f) on the fact that the legitimate interest pursued by the Seller is direct marketing,

f) identification data of the third party, which is the company that will deliver the ordered goods to the Buyer, or identification data of other recipients or categories of personal data recipients, if any,

g) the period of storage of personal data, or criteria for its determination.

 

9.10. The Seller declares that they will process personal data in accordance with good morals and will act in a way that neither contradict the Regulation or other generally binding legal regulations, nor will circumvent them.

 

9.11. In accordance with the Regulation, the Seller provides the following information to the Buyer whose data is processed:

a) identity and contact details of the Seller and, in relevant cases, the representative of the Seller,

b) contact details of any responsible person,

c) processing purposes for which personal data is intended, as well as the legal basis of processing,

d) if the processing is based on Article 6 paragraph 1 letter f), legitimate interests pursued by the Seller or a third party,

e) range of recipients, or categories of recipients of personal data, if they exist,

f) in relevant cases, information that the Seller intends to transfer personal data to a third country or international organization,

g) the period of storage of personal data, or criteria for its determination,

h) information on the existence of the right to request from the Seller access to his personal data and the right to correction or deletion or restriction of processing of the data or the right to object to processing as well as the right to data portability,

i) the right to file a complaint with the supervisory authority,

j) information on whether the provision of personal data is a legal or contractual requirement, or                                   a requirement that is necessary to conclude a contract, whether the Buyer is obliged to provide personal data, as well as the possible consequences of not providing such data,

k) the existence of automated decision-making, including profiling.

The Buyer has the right to obtain from the Seller a copy of the personal data that is being processed and also has the right to obtain all the above-mentioned information. For any additional copies requested by the Buyer, the Seller may charge an administrative fee the cost of making a copy.

 

9.12. If the Buyer exercises his right according to paragraph 9.11 hereof in writing or electronically and the content of his request shows that he is exercising his right according to paragraph 9.11, the request is considered to have been submitted according to the Regulation.

 

9.13. The Buyer has the right to object to the processing of his personal data by the Seller about which he assumes that it is or it will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the Buyer objects to such processing, the Seller will stop processing personal data for direct marketing purposes from the date such objection is delivered to the Seller, and the personal data of the affected Buyer may no longer be and will not be processed for such purposes.

 

9.14. If the Buyer suspects that his personal data is being processed without authorization, he can file                   a complaint with the Personal Data Protection Office of the Slovak Republic. If the Buyer does not have full legal capacity, his rights can be exercised by a legal representative.

 

9.15. The Seller will take appropriate measures in order to provide the Buyer with all the information mentioned in paragraph 9.11 hereof in a concise, transparent, comprehensible and easily accessible form, clearly and simply formulated. The Seller will provide information electronically or in accordance with the Regulation by other means agreed with the Buyer.

 

9.16. The Seller will provide the Buyer with information on the measures taken based on the Buyer's request without undue delay, in any case within 1 (one) month from the delivery of the request.

9.17. The Seller thereby informs the Buyer that due to the fulfilment of the concluded contract, when processing the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to third parties, or to some beneficiaries:

 

DirectParcelDistribution SK s.r.o.
Registered office: Technická 7, 821 04 Bratislava
Business ID no.: 35 834 498

 

Slovenská pošta, a.s.
Registered office: Partizánska cesta 9, 975 99 Banská Bystrica
Business ID no.: 36 631 124

 

BugesWeb s.r.o.
Registered office: Ul. gen. Klapku 2981/62 945 01 Komárno

WebSupport, s.r.o.
Registered office: Karadžičova 12, 821 08 Bratislava
Business ID no.: 36 421 928

 

9.18. The annex to these GBTC consists of a document marked as Personal Data Protection, which is published on the Seller's website (www.diamante.sk) in the Information section.

 

10. Withdrawal from the Purchase Contract

10.1. The Seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods, agreed in the contract, stopped production or made such serious changes that made it impossible to fulfil the Seller's obligations arising from the purchase contract or for reasons of force majeure, or if, even after making all the efforts that can be fairly required from him, he is not able to deliver the goods to the Buyer within the period determined by these GBTC or at the price indicated in the online store. The Seller is obliged to immediately inform the Buyer about this fact and to return to him the already paid advance payment for the goods agreed in the contract within 14 (fourteen) days from the notification of withdrawal from the contract by transfer to the account specified by the Buyer.

 

10.2. The Buyer is entitled to withdraw from the purchase contract without giving a reason within                          14 (fourteen) days from the day of takeover of the goods. Within this period, the Buyer has the right to unpack and test the goods in a similar way as is usual when buying in a traditional "brick and mortar" store. However, testing does not mean starting to use the product and then returning it to the Seller.

 

10.3. The Buyer may exercise the right to withdraw from the purchase contract with the Seller in                                a written form or by email at the address: info@diamante.sk

 in such a manner that leaves no doubt that the contract has been withdrawn. If the Buyer decides in this way, he sends the Seller, together with the goods, a signed written declaration of withdrawal from the contract, stating his name and surname, address, order number, date of order and account number for financial settlement. The Buyer can use the form to withdraw from the purchase contract (the sample of the form will be placed by the Seller on their website). If the Buyer withdraws from the purchase contract, every additional contract related to the purchase contract from which the Buyer withdrew is also cancelled from the beginning.

 

10.4. In the case of withdrawal from the purchase contract by the Buyer, the Buyer shall hand over the goods together with the proof of purchase at the Seller's premises within 14 (fourteen) days from the date of purchase or send them within the same period to the address of the Seller's registered office (stated in the introductory part of these GBTC). By withdrawing from the contract, the Buyer is obliged to deliver the complete goods to the Seller, including the complete documentation; the goods must be undamaged, preferably in the original packaging and unused. It is recommended to insure the goods. The Seller does not accept cash on delivery shipments. After a valid withdrawal from the contract, the Seller will return to the Buyer all payments that the Buyer has demonstrably made in connection with the conclusion of the purchase contract, in particular the purchase price, including the costs of delivery of the goods. However, the Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has chosen a different delivery method than the cheapest common delivery method offered by the Seller. Additional costs mean the difference between the delivery costs chosen by the Buyer and the costs of the cheapest common delivery method offered by the Seller. Payments will be returned to the Buyer within 14 (fourteen) calendar days from the day the Seller receives the Buyer's notice of withdrawal from the purchase contract.

 

10.5. In the event that the Buyer withdraws from the contract and delivers the goods to the Seller that are used (which does not include testing the goods), damaged or incomplete or the value of such goods is reduced as a result of handling of the goods that goes beyond the handling necessary to determine the properties and functionality of the goods, the Seller is entitled to compensation from the Buyer in the amount of the value of repairing the goods and returning the goods to their original state or the Seller has the right to demand from the Buyer reimbursement of the costs relating to the reduction in the value of the goods, and the Buyer will be informed about it.  In compliance with this paragraph of GBTC, the Buyer is obliged to pay compensation to the Seller in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.

 

10.6. The Seller undertakes to return to the Buyer the price paid for the relevant goods (together with all payments received from him under or in connection with the contract, including costs of transport, delivery and postage costs or other costs and charges) within 14 (fourteen) calendar days from delivery of the notice of withdrawal from the contract to the Seller. The Seller is not obliged to return to the Buyer the price paid for the relevant goods before the goods were delivered from the Buyer, including any accessories and documentation or until the Buyer proves that the goods have been sent together with any accessories and documentation back to the Seller.

 

10.7. In case of withdrawal from the contract, the Buyer bears the direct costs of returning the goods to the Seller or the person authorized by the Seller to take over the goods. In the event of withdrawal from the contract, the Buyer bears the direct costs of returning the goods, which due to their nature cannot be returned via post. The Buyer bears the costs of returning the goods only if the goods fully meet the quality requirements and at the same time the goods are not defective. Goods of the same or similar characteristics as those listed in the goods offer on the Seller's website and which have no factual or legal defects are considered to be fully compliant with the quality requirements.

 

10.8. In the event that the Buyer does not fulfil any of the above obligations in connection with the withdrawal from the purchase contract according to these GBTC, the withdrawal from the contract is not valid and effective and the Seller is not obliged to return all demonstrable payments according to these GBTC to the Buyer and is also entitled to reimbursement costs associated with sending the goods back to the Buyer.

 

10.9. The Buyer (consumer) cannot withdraw from the contract, the subject of which is:

a) the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has already been fully provided,

b) sale of goods made according to the special requirements of the consumer, tailor-made goods or goods intended specifically for one consumer,

c) sale of goods that are subject to a rapid reduction in quality or deterioration,

d) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or sanitary reasons and whose protective packaging was broken after delivery,

e) sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,

f) sale of books not supplied in protective packaging,

g) provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

 

11. Product Reviews

11.1. The Seller reserves the right not to publish product reviews that contain inappropriate terms, are false, are not related to the given product, refer to external sites or in any other way damage the Seller's business name or the name of third parties.

 

12. Gift Vouchers (Certificates)

12.1. Gift vouchers (certificates) issued by the Seller can be used to purchase goods on the website of the Seller's online store. Unless otherwise stated, the gift voucher can only be used to purchase goods and does not apply to services, postage or other charges.

12.2. The value of the gift voucher is indicated on each voucher as an amount including VAT, while the voucher functions as a discount from the total amount of ordered goods including VAT. The gift voucher can only be used for its full value, as part of one purchase, it cannot be redeemed in parts. The arrears for the purchase of goods must be paid in a monetary form.

12.3. The gift voucher cannot be exchanged for cash. In the event that the Buyer has the right to withdraw from the purchase contract for the purchase of goods for which the Buyer paid with a gift voucher, the Buyer is entitled to a refund of the purchase price in the form of a gift voucher (by sending the gift voucher to the address specified by the Buyer). Unless the Seller and the Buyer agree otherwise, if the purchase price was paid with a gift voucher only in part, the procedure according to the previous sentence can only be used in connection with this part of the purchase price.

 

13. Final provisions

13.1. The Seller reserves the right to change these General Business Terms and Conditions. The obligation to notify in writing of any amendments in these GBTC is fulfilled by posting them on the website of the Seller's online store.

 

13.2. If the purchase contract is concluded in a written form, any amendments thereof must be in writing.

 

13.3. In case of any doubts, the Parties have agreed that the period of use is considered to be the period from the delivery of the goods to the Buyer (including the day of delivery) according to paragraph 5.7 hereof until the day the goods are returned to the Seller, or by handing over the goods to the courier for the purpose of transporting them to the Seller.

 

13.4. The Parties have agreed that communication between them will be carried out mainly in the form of e-mail messages, or by mail (sending letters).

 

13.5. By acceding to these GBTC, the Buyer expresses his consent with the choice of the applicable law that will govern the purchase contract, which will be the law of the Slovak Republic. However, the Parties note that if the Buyer is a consumer, in accordance with Article 6 paragraph 2 of the Regulation (ECNo. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)., the priority over the applicable law will have those provisions of the law of the country in which the consumer has his habitual residence, those provisions that provide the consumer with a higher degree of protection or the provisions that are more favourable for the consumer, provided that, according to the law of the country in which the consumer has his habitual residence, such provisions cannot be derogated from by agreement.

 

13.6 In accordance with the previous paragraph, any relations not regulated by these GBTC shall be regulated by the relevant provisions of the Civil Code (Act no. 40/1964 Coll., as amended) in the case that the Buyer is a consumer; by the Commercial Code (Act no. 513/1991 Coll., as amended), in the case the Buyer does not act as a consumer, as well as provisions of Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act no. 128/2002 Coll. on State Control of Internal Market in the Consumer Protection and on Amendments of Some Laws in the wording of the Act no. 284/2002 Coll., as amended, and Act no. 102/2014 Coll. on Consumer Protection in Distance Selling.

 

 

13.7 In the event that the Buyer does not have the status of a consumer, by acceding to these GBTC, the Buyer expresses his consent to the choice of jurisdiction of the courts of the Slovak Republic, and it is considered that the Parties have agreed that the courts of the Slovak Republic have the right to decide disputes related to the purchase contract.

 

13.8. These GBTC become effective in the relationship between the Seller and the Buyer by sending an electronic order to the Buyer, if the latter has expressed his consent with them.

 

13.9. By expressing his consent with these GBTC, the Buyer confirms that he has read these GBTC and agrees with them in their entirety.

 

In Trnava, dated: June 29, 2022

 

 

 


 

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