Terms & conditions of the www.Exquisite.sk online store
- 1. General provisions
1.1. These general terms and conditions govern the rights and obligations of the parties arising from the purchase contract concluded at a distance between the seller Exquisite s.r.o. with its registered office at: Na Šefranici 1281/6, 010 01 Žilina, IČO: 52 722 635, DIČ: SK2121113203, a company registered in the Commercial Register of the District Court of Žilina, Section Sro, File no. 73364 / L (hereinafter referred to as the "Seller") and the buyer, whose subject is the purchase and sale of goods through the website of the seller's e-shop www.exquisite.sk (hereinafter also "E-shop").
The contact details of the seller are as follows:
Store:
Exquisite s.r.o.
Hodžova 7
010 01 Žilina
E-mail: info@exquisite.sk
Phone no.: +421 44 666 143
Bank detail: IBAN: SK2883300000002901711327
Please do not make payment for the ordered goods unless you receive the order confirmation and payment details to your e-mail.
1.2. The General Terms and Conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written purchase agreement in which they agree on conditions different from the general terms and conditions, the provisions of the purchase agreement will take precedence over the general terms and conditions.
1.3. Definition of terms:
• E-shop - a computer system located on the Internet with public access, which allows ordering goods.
• Buyer - a natural person or legal entity that has entered into a purchase agreement with the seller.
• Consumer - a natural person who, when concluding and fulfilling a purchase contract, does not act within the scope of his business activity, employment or profession.
• Goods - products that are in the current offer of the e-shop www.exquisite.sk
• Purchase price - the total price, which includes the price of the goods, including the cost of delivery.
1.4. These general terms and conditions also regulate the rights and obligations of the contracting parties when renting goods on the e-shop website.
2. Electronic order and conclusion of the purchase contract
2.1. An electronic order for the purpose of delivery of goods means sent:
2.1.1. electronic form, which contains information about the buyer, a list of ordered goods from the e-shop www.exquisite.sk with information on quantity, size of goods, color, total price of these goods and delivery costs, method of payment and delivery processed by electronic system.
2.2. The condition for the validity of the electronic order is the true and complete completion of all required data and requisites in the registration form, including telephone contact.
2.3. The purchase contract is concluded at the moment of binding acceptance of the proposal for its conclusion by notification of acceptance of the order in the electronic system of the seller.
3. Price conditions
3.1. When ordering goods, the price is published as the price published as the price of the goods. Sales prices in the e-shop are in euros. The price of the goods does not include the cost of delivery of goods, these will be added to the price of the goods in the amount according to the general terms and conditions.
3.2. The discount prices and any other discounts are valid for the period during which the action lasts and provided that the conditions stated for each action or discount are met separately. Different promotions and discounts cannot be combined unless expressly stated otherwise.
3.3. In the case of delivery of goods or services abroad, the seller is not responsible for duties, fees and taxes levied in connection with the import of goods from the Slovak Republic. These costs are borne solely by the buyer.
4. Method of payment
4.1. Bank transfer to the seller's bank account - the buyer will transfer the total amount for the ordered goods (purchase price) after the receipt of the necessary data via e-mail sent by the seller, to the account IBAN: SK2883300000002901711327, as a variable symbol he shall state his name and surname for the recipient. The order will be processed only after crediting the total amount of the purchase price to the seller's account within the delivery periods specified in Art. 5 of these general terms and conditions. In the event of termination of the contract, the payment is returned to the customer's account in full.
4.2. Payment through a payment gateway BORGUN SecurePay - SecurePay supports the highest security standard of 3D Secure transactions with Mastercard and Visa. Buyers are referred from eshop to the payment gateway website to fill in all payment information and confirm the transaction.
5. Delivery conditions
5.1. Deliveries of ordered goods are processed in the shortest possible time depending on the availability of goods and the operational capabilities of the seller. All goods listed as in stock will be sent by the seller within 48 hours of order confirmation, resp. when paying in advance by non-cash transfer to a bank account within 48 hours of crediting the total amount of the purchase price to the seller's account. Upon delivery of goods ordered to order as well as goods that are not in stock at the time of order confirmation, within 4 weeks of order confirmation and crediting the total amount of the purchase price to the seller's account. In justified cases, the seller is entitled, in agreement with the consumer, to extend the time limit for delivery of the goods, even repeatedly.
5.2. If there are several goods in the electronic order and some of them are not in stock, the Seller informs the buyer, while informing him about the possibility of partial deliveries and delivery costs.
5.3. The goods are delivered through third parties (suppliers) to the address specified by the buyer in the order, and the buyer is obliged to take over the order at this address upon delivery.
5.4. The invoice is delivered to the buyer electronically to the email address provided by the buyer. The invoice also serves as a confirmation of the conclusion of the contract and a guarantee certificate.
5.5. The goods can also be picked up in person at the seller's premises by mutual agreement.
5.6. The goods are delivered to the territory of the Slovak Republic, the Czech Republic, or to the territory of another state by mutual agreement.
5.7. Ownership of the goods passes to the buyer by taking it over.
5.8. When taking over the goods, the consumer is advised to check:
- whether the goods were delivered to him in accordance with the order,
- whether the goods were delivered to him in quantity in accordance with the order,
- whether the goods are damaged.
In the event that the consumer has been delivered goods that he did not order, then the seller recommends that the consumer immediately, no later than 24 hours by e-mail or telephone contact the seller. In the event that the goods were delivered, which show signs of damage, obvious defects, then the seller recommends that the consumer immediately, no later than 24 hours by e-mail or telephone contact the seller. In case of damage to the goods, the seller recommends that the buyer make a record of the extent and nature of damage to the goods, the accuracy of which will be confirmed by the courier. On the basis of such a record delivered to the seller, the seller can subsequently provide the removal of the defect of the goods, a discount on the goods or in case of irreparable defects of the goods to deliver new goods to the buyer.
6. Withdrawal from the purchase contract
6.1. The seller has the right to withdraw from the purchase contract in the following cases:
a. in the event that the purchase contract cannot be implemented for reasons on the part of the buyer, and the buyer does not provide the necessary cooperation to the seller even after a written request (incorrectly stated contact details, the buyer does not communicate with the seller regarding the order, etc.)
b. in the event that the buyer has not taken over the subject of the order within five working days from the day when he was obliged to take it over in accordance with the invitation of the relevant courier,
c. in case of damage to the goods during the dispatch of the order, while the seller cannot fulfil the order due to the sale of other stocks,
d. in the event that the already ordered goods, which were not in stock at the time of the order, are not produced or delivered or the price at the supplier of the goods has changed significantly and for these reasons the seller is unable to deliver the goods to the customer or deliver them at the price specified in e- shop,
e. in the event that the buyer has not taken over the ordered goods in the past or has otherwise significantly violated these general terms and conditions or is a debtor of the seller.
6.2. If the buyer has paid the seller the purchase price or part thereof until the termination of the purchase contract due to withdrawal from the contract by the seller, the seller will return the already paid purchase price or part within 14 days of termination of the purchase contract by bank transfer, unless the parties agree otherwise of a refund of the purchase price.
6.3. The buyer, who is a consumer, is in accordance with the provisions of § 7 paragraph 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded off-premises, as amended (hereinafter "Act No. 102/2014 Coll.) entitled to withdraw from the purchase contract within 14 calendar days from taking over the goods without giving a reason. If the buyer exercises the right to withdraw from the contract without giving a reason, he bears the cost of returning the goods (postage), even if the goods due to their nature can not be returned by post.
6.4. The buyer may withdraw from the purchase contract in accordance with point 6.3 of these general terms and conditions even before the beginning of the period for withdrawal from the contract. The period for withdrawal from the contract is maintained if the notice of withdrawal was sent to the seller no later than the last day of the period for withdrawal.
6.5. The buyer, who is a consumer, is not in accordance with the provisions of § 7 par. 6 letter c) of Act no. 102/2014 Coll. entitled to withdraw from the purchase contract, the subject of which is the sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer.
6.6. The buyer can exercise the right to withdraw from the purchase contract with the seller in paper form or send this withdrawal by e-mail to the seller's address specified in his contact details. It is recommended to enclose a proof of purchase (invoice) to withdraw from the contract. Withdrawal from the contract must state the number and date of the order or list of ordered goods, the date when the goods were delivered, the name and surname of the buyer, permanent residence address and specify the way to return received payments with the bank account number in the form of IBAN in in the case of non-cash refunds.
If the buyer wishes to withdraw from the contract in writing, he may use the following template for withdrawal from the contract:
Exquisite s.r.o.
Na Šefranici 1281/6
010 01 Žilina
Subject: Withdrawal from the contract
I hereby inform you that I am withdrawing from the contract for the following goods:
write the name of the goods or the order number and the invoice number on the basis of which the goods were delivered to you
Date of ordering the goods: write down the date of the order
Date of receipt of goods: enter the date when the goods were delivered to you
Reason for withdrawal from the contract: it is not the buyer's obligation to state it
I would like to return the funds to the account number: please state your account number in the form of IBAN, bank details: name of the bank / in cash by postal order to the address: please state your name, surname and address
Enter the date in the place of the day
Sincerely
state your name and surname, address (including street and number, postal code and name of the municipality / city) + your signature
Attachment: invoice
Send to: Exquisite s.r.o. Na Šefranici 1281/6, 010 01 Žilina
6.7. The buyer is obliged to send the goods back to the seller to the address Exquisite s.r.o. Na Šefranici 1281/6, 010 01 Žilina, no later than 14 days from the date of withdrawal from the contract, or hand over the goods to him in person at his store by prior agreement. The cost of returning the goods (postage) is borne by the buyer. The period referred to in the first sentence shall be deemed to have been observed if the goods have been handed over for transport or directly to the seller not later than the last day of the period. Due to the fact that the seller is not responsible for any loss of goods during transport, we recommend sending the goods in the form of a registered insured shipment or a selected courier company. Goods sent on delivery are not accepted by the seller.
6.8. The seller is obliged to return to the buyer no later than 14 days from the date of delivery of the goods all payments received from him under the purchase contract or in connection with it, including the cost of delivery of goods. Payment will be made in the same way as the buyer used to pay the seller, unless the buyer specified another method of payment in withdrawal from the contract, without charging any additional fees.
6.9. The right of withdrawal from the contract to the buyer expires if the buyer has not exercised it within the period and in the manner specified in the previous points of these general terms and conditions.
6.10. We recommend that the buyer send the package by courier and with the insurance of the shipment when returning the goods.
6.11. The consumer acknowledges that if gifts are provided with the goods, the gift contract between the seller and the consumer is concluded with an untying condition, ie. if the consumer's right to withdraw from the contract is exercised, the gift contract shall cease to be effective and the consumer shall be obliged to return the gifts provided, including any enrichment, together with the goods which were the subject of the contract. If these gifts are not returned, their value will be considered as unjust enrichment of the consumer. If the issue of the object of unjust enrichment is not possible, the seller is entitled to monetary compensation in the amount equal to the usual price of gifts.
6.12. The transfer of any discount coupons to the consumer is a unilateral legal act of the seller. If the consumer withdraws from the contract in respect of the goods for the payment of which he has used all or part of the discount coupon, he is not entitled to redemption of the discount coupon in cash or other refunds. The consumer is always entitled only to a refund of the purchase price actually paid and the cost of delivery of the goods.
6.13. The withdrawal conditions set out in this article of the terms and conditions do not apply to a buyer who is not a consumer.
7. Warranty conditions and complaint procedure
7.1. The seller is responsible for defects that the goods have when taken over by the buyer and for defects that occur on the goods during the warranty period. For used items, it is not responsible for defects caused by their use or wear. In the case of items sold at a lower price, it is not liable for the defect for which the lower price was agreed.
7.2. The warranty period if the buyer is a consumer is 24 months. If the buyer is a person other than the consumer, especially an entrepreneur, the warranty period is 12 months. The warranty period runs from the date of receipt of the goods by the buyer or another authorized person.
7.3. The valid complaint procedure applies to the handling of complaints. By sending the order to the seller, the buyer confirms that he has been duly informed about the conditions and the method of claiming the goods, including information on where the claim can be made, in accordance with the provisions of § 18 para. 1 of Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the “Consumer Protection Act”) and Act no. 102/2014 Coll.
7.4. The complaint procedure applies to goods purchased by the buyer from the seller in the e-shop www.exquisite.sk
7.5. The buyer has the right to claim from the seller a warranty only on goods that show defects and were purchased from the seller.
7.6. The buyer is obliged to complain about defects in the goods to the seller without undue delay from their discovery. The day of delivery of a written complaint of the goods to the seller is considered to be the day of the complaint, while subsequently the buyer is obliged to hand over the claimed goods to the seller. Postage is paid by the buyer when sending the product for a complaint.
7.7. The buyer is advised to inspect the goods upon receipt.
7.8. If the goods have defects, the buyer has the right to file a complaint by describing in a written complaint the nature of the defect of the goods and the proposed method of handling the complaint. If the goods do not have the agreed characteristics, and the defect can be removed, the consumer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to eliminate the defect without undue delay. Instead of remedying the defect, the consumer may also request the replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part, provided that the seller does not incur disproportionate costs due to the price or severity of the defect. Instead of eliminating the defect, the seller can always replace the defective goods with perfect ones, unless this causes serious inconvenience to the consumer.
7.9. The seller will issue the buyer a confirmation of the claim for the goods in a suitable form chosen by the seller, e.g. in the form of e-mail or in writing.
7.10. The buyer is not entitled to claim the warranty for defects of which he was notified by the seller at the time of concluding the contract or about which, taking into account the circumstances under which the purchase contract was concluded, he must have known (eg in the case of discounted goods).
7.11. The warranty does not cover damage to the goods caused by the buyer, inter alia, in particular:
- natural wear and tear,
- contamination of the goods or parts thereof,
- neglect of the prescribed care for the goods,
- the use of the goods in conditions which do not correspond in their temperature, dust, humidity, chemical and mechanical influences to the environment in which the goods are normally used,
- tampering with the goods by an unauthorized person (unprofessional repairs or modifications),
- when the goods are used in contravention of instructions, technical standards, other documentation for the goods or the purpose for which the goods are intended,
- mechanical damage, in particular torn, cut, heat-damaged goods, goods damaged by careless disproportionate physical treatment, intentional scratching of layers of goods, etc.,
- after the warranty period has expired.
7.12. The Seller is obliged to settle the complaint and terminate the complaint procedure by handing over the repaired goods, exchanging the goods, returning the purchase price of the goods, a written request to take over the performance, paying a reasonable discount on the price of the goods or reasonably rejecting the complaint.
7.13. Complaint handling only applies to defects listed in the description of defects when making a complaint.
7.14. In the case of a remediable defect, the complaint will be handled in such a way that the seller ensures the elimination of the defect. Instead of eliminating the defect, the seller can always replace the defective item with a perfect one.
7.15. In the case of a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defects, the buyer has the right to exchange the thing or has the right to withdraw from the contract or the right to a reasonable discount on the price of the thing.
7.16. If an item sold at a lower price or a used item has a defect for which the seller is responsible, the buyer is entitled to a reasonable discount instead of the right to exchange the item.
7.17. The seller reserves the right to exchange defective goods for other similar goods with comparable parameters. If replaced, the warranty period will start again from the date of receipt of the new item.
7.18. The seller is obliged to process the complaint and issue a written document (also by e-mail) to the buyer, who is a consumer, no later than 30 days from the date of the complaint.
7.19. A 30-day period in accordance with the Consumer Protection Act does not apply to the handling of a complaint by a buyer who is not a consumer. The deadline for handling the complaint in this case is not set by law, but the seller undertakes to handle it within 60 days.
7.20. The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
8. Protection of personal data, e-shop registration and copyright
8.1. The visitor of the e-shop has the opportunity to register in the e-shop within his order or outside the order and thus become a registered user.
8.2. Registration in the e-shop is possible by filling in registration data and expressing voluntary consent to registration, which gives the registered user the opportunity to manage their orders online, the ability to make future purchases without re-entering contact information, the ability to monitor purchase history and take advantage of the seller's loyalty program, ie. free services provided by the seller. The registered user only bears the price for the use of means of long-distance communication, which he will use when accessing the e-shop and during registration.
8.3. Any complications during registration in the e-shop or errors associated with the user account may be reported by the registered user to the seller, who is not responsible for ensuring that his system, including the user account, will be available around the clock, mainly due to necessary updates and necessary software and hardware fixes. equipment.
8.4. The user account of the registered user is protected by the login name, resp. email address and password. The registered user is responsible for securing this login data against loss and misuse.
8.5. A registered user can cancel his user account in the e-shop at any time and without any restrictions.
8.6. The Seller may cancel the registered user's user account if the registered user has not used this account for more than 1 year or if the registered user grossly violates his obligations arising from these conditions.
8.7. If the registered user enters in the e-shop any comment or rating on the Seller's products, or a photo or other copyrighted work, the registered user has granted the seller a free, exclusive, territorial and time-limited license to publish such work for further editing and commercial use by the seller. The registered user is obliged to refrain from submitting such works in the e-shop that would violate generally binding legal regulations, especially those that would infringe the personal or copyright of 3. persons without their consent, which would offend the public or incite violence, whose content is vulgar or otherwise manifestly inappropriate.
General instructions on the processing and protection of personal data:
8.8. The buyer, resp. tenant, resp. The registered user (hereinafter collectively referred to as the “Buyer”) acknowledges that when concluding a contract with the Seller through the e-shop, when using the e-shop, when registering in the e-shop or when registering for the newsletter, personal data is processed, while processing and the protection of such data is governed by the provisions of Regulation (EU) No 182/2011 of the European Parliament and of the Council. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws. More information on the processing and protection of personal data is also available in the special conditions for personal data protection.
The seller also points out that when concluding the contract, the identification and contact data entered by the buyer in his order are processed in order to fulfill the rights and obligations arising from this contract, which is also the legal basis for data processing for the purpose of processing. The Buyer acknowledges that without the voluntary provision of this information, the conclusion and performance of the contract would not be possible.
In the case of registration in the e-shop, the buyer's login and contact details are processed in order to create a user account and provide the above services associated with registration with the buyer's consent, which is also the legal basis for data processing for the purpose of processing. The Buyer acknowledges that without the voluntary provision of this information and the granting of consent, the establishment of a user account and the provision of services related to registration would not be possible.
Personal data for the purposes of the contract will be processed for the duration of the statutory obligations of the seller arising from generally binding legislation, in particular the Civil Code, the Consumer Protection Act for the sale of goods or services under a distance contract or a contract concluded outside the seller's premises, the Act on Archives and Registries, the Act on Accounting and the Act on VAT, ie. for at least 10 years. Personal data for the purposes of registration in the e-shop will be processed for the duration of the buyer's interest in using the user account and services associated with registration in the e-shop.
The processing of the buyer's personal data may be entrusted to the e-shop solution provider in ensuring the proper operation of the e-shop and the seller's CRM system administrator (eg independent programmers), accounting service provider in posting the seller's tax documents or delivery service provider upon delivery of ordered goods. The processing of the buyer's personal data will not involve automated decision-making or profiling, and the seller does not intend to provide personal data to a third country, an international organization or third parties, with the exception of an intermediary. In particular, the buyer has the right to request from the seller access to his personal data, their correction or deletion, or restriction of processing, the right to withdraw his consent to the processing of personal data in connection with registration in the e-shop, the right to object to processing and the right to file a complaint. Office for Personal Data Protection. The possibility of purchasing goods in the e-shop and the possibility of registering in the e-shop are not primarily intended for buyers under 16 years of age.
9. Final provisions
9.1. The seller reserves the right to change these general terms and conditions. The obligation to notify the change in writing in these general terms and conditions is fulfilled by placing it on the e-shop website www.exquisite.sk
9.2. The buyer declares that he has read these general terms and conditions before completing the order and that he agrees with them.
9.3. Any disputes arising during the performance of the purchase contract or in connection with it will be resolved by the parties primarily by agreement. In the event that an agreement is not possible, the courts of the Slovak Republic are competent to resolve disputes.
9.4. The consumer has the right to turn to the seller for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. If the seller responds to the consumer's request in the negative or does not respond at all within 30 days from the date of dispatch, the consumer has the right to apply for an alternative dispute resolution (ADR). Only disputes arising from the contract between the seller and the consumer, and disputes related to this contract, can be resolved in the form of ADR, with the exception of disputes pursuant to Art. § 1 par. 4 of Act no. 391/2015 Coll. and disputes whose value does not exceed EUR 20. A proposal to initiate ADR is submitted to the ADR entity pursuant to Art. § 3 of the cited Act, which is also the Slovak Trade Inspection, with the help of a dedicated platform or form, a model of which forms Annex no. 1 of the cited law. Other ADR entities are listed at http://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
The ADR entity may require the consumer to pay a fee for starting the ADR, up to a maximum of EUR 5 with VAT. If there are several entities responsible for ADR, the consumer has the right to choose which one to submit a proposal to. In addition to ADR, the consumer has the right to apply to the competent general court. The ADR platform is available at: https://ec.europa.eu/consumers/odr/main.
9.5. The seller is not bound by any codes of conduct in relation to the consumer.
9.6. The relations not regulated by these general business conditions are subject to the valid legal regulations of the Slovak Republic, in particular the relevant provisions of the Civil Code, the Commercial Code, Act no. 250/2007 Coll. consumer protection and amending Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, as amended, Act no. 102/2014 Coll. on the protection of consumers in respect of the sale of goods or the provision of services under a distance or off-premises contract, as amended.
9.7 Unless otherwise stipulated in a written agreement between the Seller and the Buyer or by law, these terms and conditions shall apply to all relations between the Seller and the Buyer. The Contracting Parties shall conclude the Contract in accordance with Art. Article 6 (1) 2 nariadenia č. 593/2008 / EC agreed that matters not regulated by these terms and conditions are governed by laws and other generally binding legal regulations of the Slovak Republic (hereinafter collectively referred to as "Applicable Law"). In the event that the Buyer is a Consumer and some of his rights and obligations under these terms and conditions and the Applicable Law are governed by the law of the country in which he is domiciled differently, the legislation that is more favorable to the Buyer shall apply.
9.8. These general terms and conditions take effect against the buyer by concluding a purchase contract
In Žilina on 07.12.2020