General terms and conditions

I. Introductory provisions and Definitions

1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the legal relations between the company

Business name: Dominika Šimová
Place of business: 92401 Galanta, Železničiarska 1423/26, Slovak Republic

Registered in the Trade Register: Galanta District Office, Trade Register Number: 220-37783
ID: 54537720

VAT number: 1125317127

VAT ID: SK1125317127
Bank account: SK59 1100 0000 0029 4413 8786

The seller is a value added tax payer

(hereinafter also the “Seller” or “Merchant” ) and any person who is the Buyer of goods or services offered by the Seller on the Seller’s Website, and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining a consumer, within the framework of the valid legislation of the Slovak Republic, in particular the following laws: Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the Seller’s premises, as amended, Act No. 250/2007 Coll. on consumer protection, as amended, Act No. 22/2004 Coll. on electronic commerce, as amended, Act No. 40/1964 Coll. Civil Code, as amended, Act No. 250/2007 Coll. on Consumer Protection, as amended.

1.1.1. The Seller's email and telephone contact is: 

Email: dommsirings@gmail.com

Phone number: +421904646507

1.1.2. The Seller recommends that consumers exercise their right to withdraw from the contract without giving a reason at the following address:

Dominika Šimová, Nová doba 921/6, 92401 Galanta, Slovak Republic

1.2. These General Terms and Conditions govern the legal relations between Buyers who are consumers and the Seller. 

1.3. The term Online Store is identical to the term Electronic Store and the term Website.

1.4. The Buyer is any person (natural person or legal entity) who has sent an order, mainly using the Seller's website, or other means of distance communication.

1.5. A consumer is a Buyer who is a natural person and who, when concluding a purchase contract through the Seller's Website, is not acting within the scope of his business activity.

1.6.Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with Buyers who do not act in the capacity of consumers are subject to the provisions of Act No. 513/1991 Coll., Commercial Code, as amended.

1.7. A distance contract is a contract between the Seller and the Consumer agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Seller and the Consumer, in particular by using a website or other means of distance communication.

1.8. The term Purchase Agreement includes a purchase agreement for products and a contract for the delivery of a service, within the meaning of the text set out in these Terms and Conditions.

1.9. Products (hereinafter also "Things" or "Products") are goods or services that are intended for sale and are also published on the Seller's Website. 

1.10. The Seller is also the operator of the electronic system through which it operates the website.

II. Product Order –  conclusion of a purchase contract

2.1. A proposal to conclude a purchase contract by the Buyer is the sending of an order for products by the Buyer, carried out mainly using the Seller's website, or other means of distance communication. 

2.2. The purchase contract between the Buyer and the Seller is concluded upon delivery of the confirmation of receipt of the order to the Buyer, which the Buyer created in accordance with point 2.1 of these GTC by the Seller (electronically to the Buyer's email address, which the Buyer chose in the process of creating the order).

2.3. The purchase contract is concluded for a fixed period and terminates, in particular, upon the fulfillment of all obligations of the Seller and the Buyer.

2.3.1. The purchase contract may also terminate in other cases defined by the law of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer and in similar cases.

2.4. The Seller informs the Buyer that in the event of ordering products by the Buyer, the ordering is associated with the Buyer's obligation to pay, using the form of payment chosen by the Buyer.

III. Purchase price and payment terms 

3.1. The price of goods and services ordered through the Seller's Website (hereinafter referred to as the " purchase price ") is stated separately for each product and is valid at the time the order is created by the Buyer.

3.2. The basic currency is the euro. 

3.3. The purchase price of goods or services listed on the Seller's Website is the total price of the goods or services, including all taxes, and is clearly stated on the Seller's Website. 

3.3.1. The purchase price of goods or services does not include transportation costs or other costs related to the delivery of products.  

IV. Payment methods

4.1. You can pay for goods and services on the Seller's Website in the following ways:

4.1.1. online payment via ApplePay, PayPal, Shopify payment gateway – price 0 Eur

4.1.2. payment by cash on delivery – price 2 EUR

V. Delivery of products

5.1. In the event that the Buyer has chosen cash on delivery as the form of payment for the order, the Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract in accordance with point 2.2. et seq. of these GTC. 

5.1.1. If the Buyer has chosen a form of payment for the order other than cash on delivery, the Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract in accordance with point 2.2. et seq. of these GTC and payment of the total price of the order to the Seller. If both conditions specified in point 5.1.1. of these GTC have been met (i.e. if the purchase contract has been concluded and the total price of the order has been paid to the Seller ), the Seller is obliged to deliver the products to the Buyer no later than 30 days from the date of fulfillment of both these conditions.

The usual period for the Seller to ship the products is 1 day from the date of conclusion of the purchase contract or 1 day  from the date of payment of the total order price to the Seller.

5.2. The place of delivery of the ordered product is the address specified by the Buyer in the order.

5.3. The Seller will deliver the product by its own means to the Buyer (or to a person authorized by the Buyer to receive the product), or through third parties (transport and shipping companies).

5.4. Delivery of the product is made by its acceptance by the Buyer (or a person authorized by the Buyer to accept the product).

5.5. The Seller may send the goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within a period that is in accordance with the delivery period according to these GTC, but only on the condition that the Buyer does not incur any additional costs as a result of this action of the Seller, and only if the Buyer agrees to this.

5.6. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality, together with tax documents related to the order and other documents, if any, that are typical for the given products or services. 

VI. Product acceptance

6.1. The risk of damage to the product and liability for damage to the product shall pass to the Buyer only upon its proper acceptance, regardless of whether the Buyer accepts the product personally or through an authorized/authorized third party. The Seller recommends that the Buyer check the order when accepting the order.

6.2. Ownership of the products is transferred to the Buyer upon receipt of the products by the Buyer at the delivery location designated by the Buyer.

6.3. The Seller has the right to proper and timely payment of the order price from the Buyer for the delivered goods.

VII. Shipping – methods of product transportation and the price for their transportation

7.1. Shipping methods and shipping costs for ordered products:

7.1.1. Forms of Transport:

7.1.1.1. Slovak Post courier

7.1.1.2.Packet

7.1.2. Shipping Prices:

7.1.2.1.Price for shipping via Packet to the address 

Delivery to an address in the Slovak Republic – 4.20 Eur

Delivery to an address in the Czech Republic – 5.20 Eur

7.1.2.2. Price for transportation via Packeta to the collection point

Delivery to an address in the Slovak Republic – 3.7 Eur

Delivery to an address in the Czech Republic – 4.30 Eur

VIII. Buyer's withdrawal from the purchase contract without giving a reason

8.1. If the Seller has timely and properly provided the consumer with information about the right to withdraw from the contract pursuant to Section 3, paragraph 1, letter h) of Act No. 102/2014 Coll., the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the Seller's premises within 14 days from the date of:

a) acceptance of goods pursuant to point 8.1.1 of these GTC in the case of contracts whose subject matter is the sale of goods,

b) conclusion of a contract for the provision of a service or

c) conclusion of a contract for the provision of electronic content not supplied on a tangible medium.

8.1.1. The goods are considered to have been received by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if

a) goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods that were delivered last,

b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,

c) delivers goods repeatedly during a defined period, upon receipt of the first delivered goods.

8.1.2. If the Seller provided the consumer with information pursuant to Section 3, paragraph 1, letter h), Act No. 102/2014 Coll., as amended, only subsequently, but no later than 12 months from the start of the withdrawal period pursuant to point 8.1 et seq. of these GTC, the withdrawal period shall expire 14 days from the date on which the Seller subsequently fulfilled the information obligation.

8.1.3. If the Seller has not provided the consumer with information pursuant to Section 3, Paragraph 1, Letter h) of Act No. 102/2014 Coll., as amended, nor within the additional period pursuant to Section 8.1.2 of these GTC, the withdrawal period shall expire 12 months and 14 days from the date on which the withdrawal period begins to run pursuant to Section 8.1 et seq. of these GTC.

8.1.4. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the withdrawal period begins to run.

8.2. The consumer is obliged to return the goods or hand them over to the Seller or a person authorized by the Seller to collect the goods within 14 days from the date of withdrawal from the contract. This does not apply if the Seller proposes to collect the goods in person or through a person authorized by him. The period according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the period. (§10 paragraph 1 of Act No. 102/2014 Coll.).

8.3. If the consumer wishes to exercise this right, he is obliged to notify the Seller of his withdrawal from the purchase contract no later than the last day of the specified period. The period for withdrawal from the contract is deemed to have been observed if the notification of withdrawal from the contract was sent to the Seller no later than the last day of the period to the Seller's address. The consumer may also exercise this right at any of the Seller's establishments.

8.4. The consumer may exercise the right to withdraw from the contract with the seller in written form or in the form of a record on another durable medium; if the contract was concluded orally, any clearly formulated statement by the consumer expressing his will to withdraw from the contract (hereinafter referred to as the "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract.

8.4.1. If the consumer withdraws from the contract, any supplementary contract related to the contract from which the consumer withdrew shall also be cancelled from the beginning. The consumer may not be required to pay any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of the costs and payments referred to in Section 9, paragraph 3 and Section 10, paragraph 3 of Act No. 102/2014 Coll., as amended, and the price for the service, if the subject of the contract is the provision of a service and if the service has been fully provided.

8.5. By withdrawing from the contract, the contracting parties are obliged to return the performance provided to each other. The consumer is only liable for the reduction in the value of the goods that arose as a result of such treatment of the goods that goes beyond the treatment necessary to determine the properties and functionality of the goods. The consumer is not liable for the reduction in the value of the goods if the Seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to § 3 para. 1 letter h).  Act No. 102/2014 Coll.

8.6. The consumer may use the withdrawal form from the purchase contract to withdraw from the contract without giving a reason. The form is freely available on the Seller's website.

8.7. If the consumer withdraws from the contract pursuant to Act No. 102/2014 Coll., he bears the costs of returning the goods to the Seller pursuant to Section 10, paragraph 3 of Act No. 102/2014 Coll., and if he withdraws from a distance contract, also the costs of returning the goods which, due to their nature, cannot be returned by post. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled the obligation pursuant to Section 3, paragraph 1, letter i). of Act No. 102/2014 Coll. 

8.8. The Seller is obliged to refund to the Consumer, without undue delay, and no later than 14 days from the date of receipt of the notice of withdrawal from the contract, all payments received from the Consumer under or in connection with the contract, including the costs of transport, delivery and postage and other costs and fees; this is without prejudice to the provisions of Section 8, paragraph 5. of Act No. 102/2014 Coll. Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Business Premises and on Amendments to Certain Acts

8.9. Pursuant to Section 9(3) of Act No. 102/2014 Coll., as amended, the Seller is not obliged to pay additional costs to the Consumer if the Consumer has expressly chosen a method of delivery other than the cheapest common method of delivery offered by the Seller. Additional costs are understood to be the difference between the costs of delivery chosen by the Consumer and the costs of the cheapest common method of delivery offered by the Seller.

8.10. In the event of withdrawal from the contract, the Seller recommends sending the products by registered mail. The Seller recommends not sending the goods by cash on delivery, which will not be accepted by the Seller.

8.11. When withdrawing from the contract, the consumer shall only bear the costs of returning the goods to the Seller or to a person authorized by the Seller to take over the goods. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled the obligation under Section 3, paragraph 1, letter i). Act on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller's Business Premises and on Amendments to Certain Acts

8.12. In addition to the obligations specified in paragraphs 1, 3 to 5 and Section 9, paragraph 3 of Act No. 102/2014 Coll., the exercise of the consumer's right to withdraw from the contract must not result in additional costs or other obligations for the consumer.

8.13. The right to withdraw from the contract does not apply to goods and services defined in §7 para. 6 letters a) to l) of Act No. 102/2014. Coll.

Specifically:

a) provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was duly 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 been fully provided,

b) sale of goods or provision of services, the price of which depends on price movements on the financial market, which the Seller cannot influence and which may occur during the withdrawal period,

c) sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,

d) sale of goods that are subject to rapid deterioration or spoilage,

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

f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

g) sale of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, while their delivery can be carried out after 30 days at the earliest and their price depends on market price movements, which the Seller cannot influence,

h) carrying out urgent repairs or maintenance that the consumer has expressly requested from the Seller; this does not apply to service contracts and contracts whose subject matter is the sale of goods other than spare parts necessary for carrying out repairs or maintenance, if they were concluded during the Seller's visit to the consumer and the consumer did not order these services or goods in advance,

i) sale of sound recordings, video recordings, audiovisual recordings or computer software sold in protective packaging, if the consumer has opened this packaging,

j) sale of periodicals, with the exception of sales based on subscription agreements and sales of books not supplied in protective packaging,

k) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and under which the Seller undertakes to provide these services at the agreed time or within the agreed period,

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

8.14. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form in which he received them from the consumer. Changing the form of returning the funds to the consumer is possible only with the consent of the consumer.

8.15. When withdrawing from a contract, the subject of which is the sale of goods, the Seller is not obliged to refund the consumer's payments pursuant to Section 9, paragraph 1 of Act No. 102/2014. Coll. before the goods are delivered to him or until the consumer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorized by him.

8.16. If the consumer withdraws from the service contract and has given explicit consent pursuant to Section 4(6) of Act No. 102/2014. Coll., as amended, before the commencement of the provision of services, the consumer is obliged to pay the Seller only the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract. The price for the performance actually provided is calculated proportionally based on the total price agreed in the contract. If the total price agreed in the contract is overvalued, the price for the performance actually provided is calculated based on the market price of the performance provided.

8.17. The consumer is not obliged to pay for

8.17.1. Services provided during the withdrawal period, regardless of the scope of the performance provided, if:

8.17.1.1. The seller did not provide the consumer with information pursuant to Section 3, paragraph 1, letter h) or letter j), Act No. 102/2014 Coll., as amended.

8.17.1.2. The Consumer has not given the Seller explicit consent to the commencement of the provision of the service pursuant to Section 4, Paragraph 6, of Act No. 102/2014 Coll., as amended.

8.17.2.Fully or partially provided electronic content that is not supplied on a tangible medium, if:

8.17.2.1. The Consumer has not given the Seller explicit consent to the commencement of the provision of electronic content pursuant to Section 4, Paragraph 8, of Act No. 102/2014 Coll., as amended.

8.17.2.2. The consumer has not declared that he has been properly informed that by expressing consent under the first point he loses the right to withdraw from the contract, or

8.17.2.3. The seller did not provide the consumer with a confirmation in accordance with Section 6, paragraph 1 or paragraph 2, letter b). Act No. 102/2014 Coll., as amended.

8.18. If, based on a contract concluded outside the Seller's premises, the goods were delivered to the consumer's home at the time of conclusion of the contract and, due to its nature, it is not possible to send the goods back to the Seller by post, the Seller is obliged to ensure the collection of the goods at its own expense within the period pursuant to §9 paragraph 1 of Act No. 102/2014. Coll., as amended.

8.19. The Seller instructs the Buyer that if, based on the service contract, the provision of the service is to begin before the expiration of the withdrawal period or if the Buyer requests the provision of the service before the expiration of the withdrawal period:

8.19.1. By granting consent to the commencement of the provision of the service before the expiry of the withdrawal period, the Buyer loses the right to withdraw from the contract after the service has been fully provided.

8.19.2. The Seller must have the Buyer's express consent to commence the provision of the service before the expiration of the withdrawal period and a declaration that the consumer has been properly informed pursuant to point 8.19.1 of these GTC.

IX. Alternative Dispute Resolution

9.1. In the event that the consumer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the consumer's request pursuant to the previous sentence or does not respond to such a request within 30 days from the date of its sending to the consumer, the consumer has the right to file a proposal to initiate alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended. The competent entity for alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact details can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi ), or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/ , or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1 ). 

The buyer has the right to choose which of the listed alternative dispute resolution entities to contact. The buyer can use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/ , or directly on the website to submit a proposal for alternative resolution of his consumer dispute.  page https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage . Alternative dispute resolution can only be used by the Buyer who, when concluding and fulfilling the contract, acts in the capacity of a consumer. Alternative dispute resolution only concerns a dispute between the consumer and the Seller, arising from or related to a consumer contract. Alternative dispute resolution only concerns contracts concluded at a distance. The alternative dispute resolution entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating alternative dispute resolution up to a maximum of EUR 5 including VAT.

All further information regarding alternative dispute resolution between the Seller and the Buyer - consumer arising from the Purchase Agreement as a consumer agreement or related to the Purchase Agreement as a consumer agreement is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended.

X. Supervisory authority 

10.1. The competent authority supervising legality in the field of consumer protection is:

Slovak Trade Inspection Inspectorate

with its registered office in Trnava for the Trnava Region

Pekarska 23, 917 01  Trnava 1

Supervision Department

tel. no. 033/321 25 27, 033/321 25 21, fax no. 033/321 25 23

email: tt@soi.sk 

web link for submitting suggestions: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

10.2. The Buyer may also address complaints or suggestions directly to the Seller at the address specified in point 1.1.2. of these GTC. The Seller also recommends that Buyers address complaints and suggestions (for the sake of speeding up the processing) to the Seller's email address: dommsirings@gmail.com

Any complaint or suggestion will be assessed and resolved by the Seller within 10 working days of its receipt. The Seller will inform the Buyer about its resolution in the same form in which the Buyer delivered the complaint or suggestion to the Seller.

XI. Supplementary provisions

11.1. The consumer, pursuant to Section 10, Paragraph 2 of Act No. 102/2014 Coll., as amended, is entitled to refuse to return the goods purchased under a contract concluded during or in connection with a sales promotion to the Seller until the Seller returns the price paid or the advance payment for the goods or service to the consumer. 

While A sales event is an event organized on the basis of an invitation, other invitation or information addressed to the consumer, the subject of which is mainly the sale of goods or the provision of services and during which or within 15 working days after the event, a contract is concluded with the consumer.

11.2. The Seller shall not conclude a purchase contract or carry out the sale, brokerage or delivery of alcoholic beverages /products/, tobacco products and other products to persons (Buyers) who have not reached the age of 18 at the time of conclusion of the purchase contract, and whose sale to persons under the age of 18 is prohibited, in accordance with and in accordance with the valid and effective legal regulations of the Slovak Republic. In connection with the above, the Seller shall verify the fulfillment of the condition of reaching the age of 18 of the Buyer by checking the age through the Buyer's identity document /identity card or passport/, when handing over the order to the Buyer. The Seller shall carry out the above through an authorized person who is to deliver the order to the Buyer. If the Buyer is under the age of 18, or if the Buyer does not prove or refuses to prove his or her age, the Seller will not deliver the order to the Buyer and the purchase contract will expire.

XII. Information on codes of conduct

12.1. Pursuant to §3, paragraph 1, letter n), of Act No. 102/2014 Coll., the Seller informs consumers that there are no special relevant codes of conduct to which the Seller has committed to comply, whereby a code of conduct is understood to be an agreement or a set of rules that define the behavior of the Seller, who has committed to comply with this code of conduct in relation to one or more specific business practices or business sectors, if these are not stipulated by law or other legal regulation or measure of a public administration body, which the Seller has committed to comply with, and the manner in which the consumer can familiarize himself with them or obtain their text.

XIII. Final provisions

13.1. The Seller reserves the right to change the General Terms and Conditions. The obligation to provide written notice of changes to the General Terms and Conditions is fulfilled by posting them on the Seller's Website. In the event of a change to the General Terms and Conditions, the relationship between the Buyer and the Seller is governed by the General Terms and Conditions valid and effective at the time of conclusion of the Purchase Agreement, until its termination.

13.2. These General Terms and Conditions form an integral part of the Complaints Procedure and the Principles and Instructions on the Protection of Personal Data of this Website. The documents - Complaints Procedure and the Principles and Instructions on the Protection of Personal Data of this Website are published on the domain of the Seller's Website.

13.3. These General Terms and Conditions shall enter into force and effect upon their publication on the Seller's Website on 23.11.2023

This e-shop is certified http://www.pravoeshopov.sk