General Terms and Conditions and Complaints Procedure

General Terms and Conditions and Complaints Procedure

Basic Provisions

These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued by:

Ing. Denisa Džuganová

ID No.: 53 930 011

VAT No.: 1085649356

with registered office: Laborecká 2875/17, 052 01 Spišská Nová Ves

registered in the trade register of the District Office Spišská Nová Ves

telephone contact: 00421 949 241 251

e-mail: [email protected]

web: www.denisadzuganova.com

(hereinafter referred to as the “seller“)

These general terms and conditions (hereinafter also referred to as “GTC“) regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the “buyer“) through the web interface located on the website available at the internet address www.denisadzuganova.com (hereinafter also referred to as the “online store“).
The provisions of the terms and conditions are an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
These GTC and the purchase contract are concluded in the Slovak language.
Every buyer is obliged to familiarize themselves with these GTC before sending an order. By placing an order, the buyer confirms their agreement with these general terms and conditions.

II.

Information about Goods and Prices

Information about goods and services, including the indication of the price of individual goods and services and their main characteristics, is provided for individual goods and services in the catalog of the online store. The prices of goods and services are listed including value-added tax. The prices of goods and services remain valid for the period they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
Any discounts on the purchase price of goods and services cannot be combined unless the seller agrees otherwise with the buyer.

III.

Order and Conclusion of Purchase Contract

The seller offers the goods listed in the e-shop. The buyer can order the offered goods through the e-shop.
The seller offers services listed on the website www.denisadzuganova.com. The buyer can order services via email [email protected]
Costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls) are borne by the buyer themselves. These costs do not differ from the basic rate.
The buyer places an order for goods electronically – by clicking on the “Add to Cart” button and then properly filling out the electronic order form, which they send to the seller. The buyer is obliged to provide truthful and complete information when ordering goods.
When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.
Immediately before sending the order, the seller informs the consumer explicitly, clearly, and understandably in a manner appropriate to the means of remote communication used about the main characteristics of the goods or the nature of the service, the total price including all taxes, costs, and fees for transport, the duration of the contract if it is a fixed-term contract, and the minimum duration of the buyer’s obligations.
In the case of the sale of goods, each offer is limited by the quantity of goods available to the seller. After confirming the order, the seller is entitled to inform the buyer that the goods are sold out; such notification is considered a withdrawal from the contract by the seller.
The buyer is obliged to pay the seller the price listed in the e-shop for the specific goods. The price is listed including VAT as well as other taxes and fees, including delivery costs.
Any promotional discounts apply only to goods explicitly marked in the seller’s promotional offer, and only until the stock of such goods is exhausted.
Before sending the order, the buyer is allowed to check and change the information they have entered in the order. The buyer sends the order to the seller by clicking on the “Order – Order with Obligation to Pay” button. The information provided in the order is considered correct by the seller. The validity of the order is conditional on the completion of all mandatory information in the order form and the buyer’s confirmation that they have read these terms and conditions.
Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is considered the conclusion of the contract.
All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order from the seller. The buyer can cancel the order by phone at the seller’s phone number or by electronic message to the seller’s email, both provided in these terms and conditions.
In the event of an obvious technical error on the part of the seller when indicating the price of goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in such a case by the buyer’s confirmation of acceptance to the seller’s email address.

IV.

Payment Terms and Delivery of Goods

The buyer can pay the price of services under the purchase contract in the following ways:
cashless transfer to the seller’s bank account
The buyer can pay the price of goods and any costs associated with the delivery of goods under the purchase contract in the following ways:

cashless via payment gateway
cashless transfer to the seller’s account via payment gateway
cash on delivery upon receipt of goods

Online consultations cannot be paid cashless via payment gateway, nor cashless transfer to the seller’s account via payment gateway
In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
In the case of payment via payment gateway, the buyer follows the instructions of the relevant provider.
The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not an advance payment.
The seller delivers goods within the territory of the Slovak and Czech Republics.
The goods are delivered to the buyer:

to the address specified by the buyer in the order
an electronic publication in PDF and ePUB version is sent to the buyer immediately after payment to the email address specified by the buyer in the order

The choice of delivery method is made during the ordering process.
The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are specified in the buyer’s order and in the seller’s order confirmation. If the delivery method is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this delivery method.
If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If it is necessary to deliver the goods repeatedly or in a different way than specified in the order due to reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different delivery method.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. In case of finding a breach of the packaging indicating unauthorized entry into the shipment, the buyer may not take over the shipment from the carrier.
The seller issues a tax document – invoice to the buyer. The tax document is sent to the buyer’s email address.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no earlier than by taking over the goods. The risk of accidental loss, damage, or destruction of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but in violation of the purchase contract did not do so.

Withdrawal from the Contract

The buyer, who has concluded a purchase contract outside their business activity as a consumer, has the right to withdraw from the purchase contract even without giving a reason.
The withdrawal period from the contract is 14 days from the date of receipt of the goods.
The buyer cannot, among other things, withdraw from the purchase contract:

for the provision of services, if they were fulfilled with their prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract and if the service was fully provided
in other cases specified in § 7 para. 6 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the seller’s business premises, as amended.

To meet the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period. The buyer sends the withdrawal from the purchase contract to the email or delivery address of the seller specified in these terms and conditions. The seller confirms to the buyer without delay the receipt of the form.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received financial means to the buyer before the buyer hands over the goods to the seller or proves that they have sent the goods to the seller.
The goods must be returned by the buyer to the seller undamaged, unused, and unsoiled, and if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The seller immediately informs the buyer via the email address provided in the order and returns within 14 days from the notification of withdrawal from the purchase contract all financial means, including delivery costs, received from them under the contract, in the same way, or in a manner specified by the buyer.

VI.

Rights from Defective Performance

The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

the goods have the properties agreed upon by the parties, and if there is no agreement, the goods have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on the advertisement made by the seller
the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used
the goods are in the appropriate quantity or weight
the goods comply with the requirements of legal regulations
In the event of a defect, the buyer may submit a complaint to the seller and demand:

replacement of the goods with new goods
a reasonable discount on the purchase price
withdraw from the contract
The buyer has the right to withdraw from the contract,

if the goods have a defect that cannot be removed and which prevents the item from being properly used as an item without defects
if the buyer cannot properly use the goods due to a larger number of defects in the goods

The seller is obliged to accept the complaint even at the registered office or place of business. The consumer can also file a complaint with a person designated by the seller. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
If the consumer files a complaint, the seller or a person designated by the seller is obliged to inform the consumer about their rights arising from defective performance. Based on the consumer’s decision, which of the rights arising from defective performance they are exercising, the seller or a person designated by the seller is obliged to determine the method of handling the complaint immediately, in complex cases no later than three working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of filing the complaint. After determining the method of handling the complaint, the complaint, including the removal of the defect, must be handled immediately, while in justified cases the complaint can be handled later. However, handling the complaint, including the removal of the defect, must not take longer than 30 days from the date of filing the complaint. The expiration of this period is considered a substantial breach of the contract, and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of filing the complaint is considered to be the moment when the buyer’s will (exercise of the right from defective performance) is expressed to the seller.
The seller informs the buyer in writing about the result of the complaint, no later than 30 days from the date of filing the complaint.
The right from defective performance does not belong to the buyer if the buyer knew before taking over the item that the item has a defect, or if the buyer caused the defect themselves.
The choice of the method of complaint and its handling, if there are several options, belongs to the buyer.
The rights and obligations of the contractual parties regarding the rights from defective performance are governed by §§ 499 to 510, §§ 596 to 600, and §§ 619 to 627 of Act No. 40/1964 Coll. The Civil Code, as amended, and Act No. 250/2007 Coll. on Consumer Protection, as amended.
Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaints procedure.

VII.

Delivery

The contractual parties can deliver all written correspondence to each other via electronic mail.
The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in the order.

VIII.

Out-of-Court Dispute Resolution

The consumer has the right to contact the seller with a request for remedy if they are not satisfied with the way the seller handled their complaint or if they believe that the seller has violated their rights. The consumer has the right to submit a proposal to initiate alternative (out-of-court) dispute resolution to the subject of alternative dispute resolution if the seller responded to the request according to the previous sentence negatively or did not respond to it within 30 days from the date of its sending. This does not affect the possibility of the consumer to turn to the court.
The Slovak Trade Inspection, with its registered office at Prievozská 32, 827 99 Bratislava, ID No.: 17 331 927, is competent for out-of-court resolution of consumer disputes from the purchase contract, which can be contacted for this purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at [email protected] or [email protected]. Internet address: https://www.soi.sk/. The platform for online dispute resolution located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
The European Consumer Centre Slovakia, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
The seller is authorized to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the relevant District Office, Trade Licensing Department. The Slovak Trade Inspection supervises, among other things, compliance with Act No. 250/2007 Coll. on Consumer Protection, as amended, within the defined scope.

IX.

Final Provisions

All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If a relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended.
All rights to the seller’s website, especially copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or its part without the seller’s consent.
The seller is not responsible for errors caused by third-party interventions in the online store or as a result of its use contrary to its intended purpose. The buyer must not use procedures when using the online store that could negatively affect its operation and must not perform any activity that could allow them or third parties to interfere with or use the software or other components forming the online store unauthorizedly and use the online store or its parts or software in a way that would be contrary to its purpose or purpose.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the terms and conditions.

These terms and conditions take effect on 1.4.2022