Terms of service

 

I. Introductory Provisions and Definition of Terms

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

Trade Name: Dominika Šimová
Place of Business: 92401 Galanta, Železničiarska 1423/26, Slovak Republic
Registered in the Trade License Register: District Office Galanta, Trade License Number: 220-37783
Company ID (IČO): 54537720
Tax ID (DIČ): 1125317127
VAT ID (IČ DPH): SK1125317127
Bank Account: SK59 1100 0000 0029 4413 8786

The Seller is a value-added tax payer (hereinafter also referred to as “Seller” or “Trader”) and any person who is the Buyer of goods or services offered by the Seller on the Seller’s Website and acts in the position of a consumer within the meaning of further provisions of these General Terms and Conditions and relevant laws defining consumers, within the applicable legislation of the Slovak Republic, especially the following laws:

  • Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or Off-Premises Contract, 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
Tel.: +421904646507

1.1.2. The Seller recommends that consumers exercise their right of withdrawal from the contract without giving any reason at the address:
Dominika Šimová, Nová doba 921/6, 92401 Galanta, Slovak Republic

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

1.3. The term “Internet Shop” is synonymous with “Electronic Commerce” and “Website.”

1.4. The Buyer is any person (natural or legal) who sends an order, primarily via the Seller’s Website or other means of distance communication.

1.5. A Consumer is a Buyer who is a natural person and who does not act within the scope of their business activity when concluding a purchase contract through the Seller’s Website.

1.6. Legal relations (and other legal relations arising from the contract) with Buyers who do not act as consumers are governed by Act No. 513/1991 Coll., Commercial Code, as amended.

1.7. A distance contract is understood as 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, mainly through the website or other distance communication means.

1.8. The term Purchase Contract includes both the purchase of products and the contract for the provision of services, as understood in these Terms and Conditions.

1.9. Products (also “Goods” or “Items”) are goods or services intended for sale and published on the Seller’s Website.

1.10. The Seller is simultaneously the operator of the electronic system through which the website is operated.

II. Product Order – Conclusion of Purchase Contract

2.1. A proposal to conclude a purchase contract from the Buyer’s side is the submission of an order for products by the Buyer, primarily via the Seller’s Website or other distance communication means.

2.2. The purchase contract between the Buyer and the Seller is concluded at the moment of the Seller sending a confirmation of acceptance of the order to the Buyer (electronically to the Buyer’s email address selected during the order process), created in accordance with point 2.1 of these GTC.

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

2.3.1. The purchase contract may also terminate under other cases defined by Slovak legal regulations, mainly by mutual agreement of the contracting parties, withdrawal from the contract by the consumer, and similar cases.

2.4. The Seller informs the Buyer that ordering products obliges the Buyer to payment in the form chosen by the Buyer.

III. Purchase Price and Payment Terms

3.1. The price of goods and services ordered via the Seller’s Website (hereinafter the “purchase price”) is stated separately for each product and is valid at the time the Buyer places the order.

3.2. The basic currency is the euro.

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

3.3.1. The purchase price does not include delivery 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 using the following methods:
4.1.1. Online payment via ApplePay, PayPal, Shopify payment gateways – cost 0 EUR
4.1.2. Cash on delivery (COD) – cost 2 EUR

V. Delivery of Products

5.1. If the Buyer chooses cash on delivery as the payment method, the Seller must fulfill the order and deliver the products to the Buyer no later than 30 days from the conclusion of the purchase contract as per point 2.2 and following of these GTC.

5.1.1. If the Buyer chooses any other payment method than COD, the Seller must fulfill the order and deliver the products no later than 30 days from the conclusion of the contract as per point 2.2 and payment of the total order price to the Seller. If both conditions in 5.1.1. are met (contract concluded and price paid), the Seller must deliver products within 30 days of fulfilling both conditions. The usual dispatch time is 1 day after the contract conclusion or 1 day after the payment is received.

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

5.3. Delivery will be made by the Seller’s own means directly to the Buyer (or a person authorized by the Buyer) or through third parties (carriers and shipping companies).

5.4. Delivery is completed by the Buyer’s (or authorized person’s) receipt of the product.

5.5. The Seller may send goods that are immediately available to the Buyer and deliver the remaining part later within the delivery period under these GTC, only if no additional costs arise for the Buyer and only if the Buyer agrees.

5.6. The Seller is obliged to deliver the products in the ordered quantity and quality, along with tax documents related to the order and other documents if typical for the product or service.

VI. Product Acceptance

6.1. The risk of damage and responsibility for the product passes to the Buyer upon proper acceptance, regardless of whether the Buyer accepts the product personally or through an authorized third party. The Seller recommends that the Buyer checks the order upon receipt.

6.2. Ownership rights to the products pass to the Buyer upon acceptance at the delivery location specified by the Buyer.

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

VII. Shipping – Delivery Methods and Shipping Costs

7.1. Delivery methods and shipping costs for ordered products:
7.1.1. Delivery Methods:

  • Packeta

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VIII. Withdrawal of the Buyer 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 according to § 3 para. 1 letter h) of Act No. 102/2014 Coll., the consumer is entitled to withdraw from a distance contract or an off-premises contract within 14 days from the day of:

a) receipt of the goods according to point 8.1.1 of these Terms and Conditions in the case of contracts for 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 received by the consumer at the moment when the consumer or a third party designated by them, except for 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 last delivered goods,

b) goods consist of multiple parts or pieces, at the moment of receipt of the last part or piece,

c) goods are delivered repeatedly over a specified period, at the moment of receipt of the first delivered goods.

8.1.2. If the Seller provided the consumer with information pursuant to § 3 para. 1 letter h) of Act No. 102/2014 Coll. in valid wording only subsequently, but no later than 12 months from the start of the withdrawal period according to point 8.1 and following of these Terms and Conditions, the withdrawal period expires 14 days after the day when the Seller fulfilled the information duty.

8.1.3. If the Seller did not provide the consumer with information pursuant to § 3 para. 1 letter h) of Act No. 102/2014 Coll. in valid wording even within the additional period under point 8.1.2 of these Terms and Conditions, the withdrawal period expires 12 months and 14 days after the start of the withdrawal period according to point 8.1 and following of these Terms and Conditions.

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

8.2. The consumer is obliged to send back or hand over the goods to the Seller or a person authorized by the Seller for the receipt of the goods no later than 14 days from the day of withdrawal from the contract. This does not apply if the Seller proposes to collect the goods personally or through a person authorized by the Seller. The deadline according to the first sentence is considered met if the goods were handed over for transport no later than on the last day of the deadline (§10 para. 1 of Act No. 102/2014 Coll.).

8.3. The consumer must notify the Seller of the withdrawal from the purchase contract no later than on the last day of the designated period. The withdrawal period is considered met if the notification of withdrawal was sent to the Seller no later than on the last day of the withdrawal period to the Seller’s address. This right can also be exercised by the consumer at any business premises of the Seller.

8.4. The consumer may exercise the right to withdraw from the contract to the Seller in written form or in a form of a record on another durable medium; if the contract was concluded orally, any unequivocal statement of the consumer expressing their intention to withdraw from the contract is sufficient (hereinafter referred to as “withdrawal notification”).

8.4.1. If the consumer withdraws from the contract, any ancillary contract related to the contract from which the consumer withdrew is canceled from the beginning. No costs or other payments may be demanded from the consumer in connection with the cancellation of the ancillary contract, except for the payment of costs and fees stated in § 9 para. 3 and § 10 para. 3 of Act No. 102/2014 Coll. in valid wording, and the price for the service if the contract is for the provision of a service and the service was fully provided.

8.5. Upon withdrawal from the contract, the contractual parties are obliged to return each other the provided performances. The consumer is responsible only for the reduction in value of the goods resulting from handling the goods beyond what is necessary to establish their nature and functionality. The consumer is not liable for reduction in value if the Seller failed to fulfill the information obligation about the consumer’s right to withdraw from the contract under § 3 para. 1 letter h) of Act No. 102/2014 Coll.

8.6. The consumer may use a withdrawal form to withdraw from the contract without giving a reason. This form is freely accessible on the Seller’s website.

8.7. If the consumer withdraws from the contract according to Act No. 102/2014 Coll., the consumer bears the costs of returning the goods to the Seller according to § 10 para. 3 of Act No. 102/2014 Coll., and if withdrawing from a distance contract, also the costs of returning goods that cannot be returned via post due to their nature. This does not apply if the Seller agreed to bear the costs or if the Seller failed to fulfill the obligation according to § 3 para. 1 letter i) of Act No. 102/2014 Coll.

8.8. The Seller is obliged without undue delay, no later than 14 days from the day of receipt of the withdrawal notification, to return to the consumer all payments received on the basis of or in connection with the contract, including delivery costs, postage, and other fees; this does not affect the provision of § 8 para. 5 of Act No. 102/2014 Coll.

8.9. According to § 9 para. 3 of Act No. 102/2014 Coll., the Seller is not obliged to reimburse the consumer additional costs if the consumer expressly chose a delivery method other than the cheapest common method offered by the Seller. Additional costs mean the difference between the cost of delivery chosen by the consumer and the cost of the cheapest common delivery method offered by the Seller.

8.10. The Seller recommends sending products by registered mail in case of withdrawal. The Seller advises not to send goods by cash on delivery, as it will not be accepted by the Seller.

8.11. When withdrawing from the contract, the consumer bears only the costs of returning the goods to the Seller or to a person authorized by the Seller to receive the goods. This does not apply if the Seller agreed to bear the costs or failed to fulfill the obligation under § 3 para. 1 letter i) of the Act.

8.12. Except for obligations stated in paragraphs 1, 3 to 5, and § 9 para. 3 of Act No. 102/2014 Coll., exercising the consumer’s right to withdraw from the contract must not result in any additional costs or 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 started with the explicit consent of the consumer, who declared being duly informed that by giving such consent they lose the right to withdraw after full provision of the service,

b) sale of goods or services whose price depends on fluctuations in financial market prices beyond the Seller’s control during the withdrawal period,

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

d) sale of goods subject to rapid deterioration or expiration,

e) sale of goods sealed in a protective package which is unsuitable for return due to health or hygiene reasons and whose seal was broken after delivery,

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

g) sale of alcoholic beverages whose price was agreed upon at contract conclusion, delivery possible only after 30 days, and price depending on market price fluctuations beyond the Seller’s control,

h) performance of urgent repairs or maintenance requested expressly by the consumer (not applicable to contracts for services or goods sold during the Seller’s visit to the consumer that were not pre-ordered by the consumer),

i) sale of audio, visual, audiovisual recordings, or computer software sold in a sealed package if the consumer unsealed it,

j) sale of periodicals except subscription agreements, and sale of books not supplied in a sealed package,

k) provision of accommodation, transport of goods, car rental, catering services, or leisure activity-related services, if the Seller commits to provide these services at an agreed time or within an agreed period,

l) provision of electronic content not on a tangible medium if its provision started with the consumer’s explicit consent, who declared being duly informed that by giving such consent they lose the right to withdraw.

8.14. In case of withdrawal, the Seller is obliged to return the consumer’s payments using the same payment method as received, unless the consumer agrees otherwise.

8.15. Upon withdrawal from a goods sale contract, the Seller is not obliged to refund payments before receiving the goods back or proof of shipment, unless the Seller offers to collect the goods personally or via an authorized person.

8.16. If the consumer withdraws from a service contract and gave explicit consent to service commencement before withdrawal period expiry, the consumer is obliged to pay only for the service actually provided until the withdrawal notification, calculated proportionally to the total agreed price. If the total price is overestimated, the price is based on the market value of the provided service.

8.17. The consumer is not obliged to pay for:

8.17.1. Services provided during the withdrawal period regardless of extent if:

8.17.1.1. The Seller did not provide information under § 3 para. 1 letters h) or j) of the Act

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

8.17.2. Electronically supplied content, either fully or partially, which is not delivered on a tangible medium, if:

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

8.17.2.2. The consumer has not declared that they were duly informed that by giving consent according to the first point, they lose the right to withdraw from the contract; or

8.17.2.3. The Seller did not provide the consumer with confirmation in accordance with § 6 para. 1 or para. 2 letter b) of Act No. 102/2014 Coll., as amended.

8.18. If based on a contract concluded outside the Seller’s business premises the goods were delivered to the consumer’s home at the time of contract conclusion and due to their nature cannot be returned to the Seller by post, the Seller is obliged to arrange the collection of the goods at their own expense within the period according to § 9 para. 1 of Act No. 102/2014 Coll., as amended.

8.19. The Seller informs the Buyer that if the provision of a service under a service contract is to commence before the expiry of the withdrawal period, or if the Buyer requests the service to be provided before the expiry of the withdrawal period:

8.19.1. The Buyer, by consenting to the commencement of service provision before the expiry of the withdrawal period, 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 explicit consent to start the service before the expiry of the withdrawal period and a declaration that the consumer was duly informed according to point 8.19.1 of these Terms and Conditions.

IX. Alternative Dispute Resolution

9.1. If the consumer is dissatisfied with how the Seller handled their complaint or believes the Seller has violated their rights, the Buyer has the right to request rectification from the Seller. If the Seller rejects such a request or fails to respond within 30 days from the day of its receipt, the consumer has the right to submit a proposal for alternative dispute resolution under § 12 of Act No. 391/2015 Coll. on alternative consumer dispute resolution and on amendments to certain laws, as amended. The competent authority for alternative consumer dispute resolution with the Seller is the Slovak Trade Inspection (contact available at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi) or another authorized legal entity registered in the list of alternative dispute resolution bodies maintained by the Ministry of Economy of the Slovak Republic (list 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 bodies to address. The Buyer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Alternative dispute resolution can only be used by a Buyer acting as a consumer. It concerns disputes arising from consumer contracts or related to them. It applies only to contracts concluded at a distance. An alternative dispute resolution body may reject a proposal if the quantifiable value of the dispute does not exceed 20 EUR. The ADR body may require a fee from the consumer for initiating alternative dispute resolution up to a maximum of 5 EUR including VAT.

All other information regarding alternative dispute resolution between the Seller and the Buyer-consumer arising from or related to the Purchase Contract as a consumer contract is available on the Ministry of Economy of the Slovak Republic’s website www.mhsr.sk and in Act No. 391/2015 Coll. on alternative consumer dispute resolution, as amended.

X. Supervisory Authority

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

Inspectorate of the Slovak Trade Inspection
Located in Trnava for the Trnava Region
Pekárska 23, 917 01 Trnava 1
Supervision Department
Phone: 033/321 25 27, 033/321 25 21, Fax: 033/321 25 23
Email: tt@soi.sk
Link for filing complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

10.2. Complaints or requests can also be addressed directly to the Seller at the address given in point 1.1.2 of these Terms and Conditions. The Seller recommends Buyers to send complaints and requests by email for faster processing to: dommsirings@gmail.com

Any complaint or request will be reviewed and handled by the Seller within 10 working days from receipt, and the Buyer will be informed about the outcome in the same manner as the complaint or request was submitted.

XI. Additional Provisions

11.1. According to § 10 para. 2 of Act No. 102/2014 Coll., as amended, the consumer is entitled to refuse the return of goods acquired under a contract concluded during or related to a sales promotion until the Seller refunds the paid price or deposit for the goods or services.

A sales promotion means an event organized based on an invitation, other consumer-directed invitation, or information, aimed primarily at selling goods or providing services, during or within 15 working days after which the contract with the consumer is concluded.

11.2. The Seller will not conclude a purchase contract or sell, mediate, or deliver alcoholic beverages/products, tobacco products, and other products to persons (Buyers) who have not reached the age of 18 at the time of contract conclusion, and to whom such sales are prohibited by applicable Slovak law. The Seller verifies the Buyer’s age by checking an identity document (ID card or passport) at the time of order handover. The handover will be carried out by an authorized person. If the Buyer has not reached 18 years or refuses to prove their age, the Seller will not hand over the order and the purchase contract will terminate.

XII. Information on Codes of Conduct

12.1. Pursuant to § 3 para. 1 letter n) of Act No. 102/2014 Coll., the Seller informs consumers that there are no specific codes of conduct the Seller has committed to observe. A code of conduct means an agreement or set of rules defining the Seller’s behavior, which the Seller commits to observe in relation to one or more specific business practices or sectors if these are not regulated by law or other legal regulations or public administration measures the Seller must comply with, and about how the consumer can become acquainted with or obtain their wording.

XIII. Final Provisions

13.1. The Seller reserves the right to change the General Terms and Conditions. The obligation to notify changes in writing is fulfilled by posting them on the Seller’s website. In the event of changes, the relationship between the Buyer and Seller is governed by the Terms and Conditions valid and effective at the time of the Purchase Contract conclusion until its termination.

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

13.3. These General Terms and Conditions take effect upon publication on the Seller’s website on 23.11.2023.

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