Terms and conditions
e-shop: https://www.artforchristian.com/
(seller): Fork, s.r.o., Pribinova 274/4, 036 01 Martin, Slovak republic, ID: 44311061, VAT: 2022661520, VAT ID: SK2022661520, OR Okr. court Žilina, vl. No. 49958 / L, section Sro. Statutory body: Radovan Kraker, Miroslav Staňo (managers).
Article I - General provisions
1. These General Terms and Conditions apply to contractual relations that arise between the seller and the buyer (natural or legal person) within the meaning of Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 on consumer protection and Act no. 102/2014 Coll. ACT of 25 March 2014 on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and on the amendment of certain laws.
2. The seller offers his goods or services for sale by placing them on the website of the e-shop.
3. For the purposes of this Act, a distance contract means a contract between the seller and the consumer agreed and concluded exclusively by one or more means of long-distance communication without the simultaneous physical presence of the seller and the consumer, in particular using the website, e-mail, telephone, fax, letter or the supply catalog.
4. A contract concluded outside the seller's premises means a contract between the seller and the consumer
a) closed in the simultaneous physical presence of the seller and the consumer in a place which is not the seller's premises,
b) at which the consumer has proposed the seller to the seller in a place which is not the seller's premises,
(c) concluded at the seller's premises or by means of distance communication immediately after the consumer has been individually and personally addressed by the seller at a place which is not the seller's premises, or
(d) concluded during or in connection with a sale.
5. For the purposes of this Act, a contract the subject of which is the sale of goods shall mean any contract
(a) under which the consumer acquires the thing for consideration, in particular a contract of sale and a contract for work; or
(b) the object of which is the sale of goods and the provision of a service.
6. For the purposes of this Act, a subscription agreement means a contract by which the seller undertakes to deliver to the consumer at specified intervals the ordered goods or provide a service during the prepaid period and the consumer undertakes to pay the price for the delivery or service for the relevant period.
7. For the purposes of this Act, a supplementary contract means a contract under which the consumer acquires goods or is provided with a service related to the subject of a distance or off-premises contract, if the goods or services are provided by the seller or a third party. the person, on the basis of their agreement and at its conclusion, could have foreseen, taking into account the purpose of the contract, that the consumer would not be interested in fulfilling the obligations under this contract after the termination of the distance contract or the contract concluded outside the seller's premises.
8. Premises for the purposes of this Act means an establishment or other premises where the seller usually carries out his business activity or profession. For the purposes of this Act, operating premises used by sellers and organizers of sales events for the organization and implementation of one-off sales and presentation business activities are not considered to be an establishment.
9. Durable medium for the purposes of this Act means a means that allows the consumer or seller to store the information addressed to him in a way that allows its use in the future for a period corresponding to the purpose of this information and which allows unaltered reproduction of stored information, especially paper, e-mail, USB key, CD, DVD, memory card, computer hard drive.
10. For the purposes of this Act, electronic content means data created and provided in electronic form, in particular computer programs, applications, games, music, videos or texts.
11. The buyer is any natural or legal person who has filled in and sent the order through the seller's website, received an email notification of receipt of the order and paid the purchase price. The buyer is also any person who placed the order by phone or by sending an email and e-mail, confirmed the acceptance of the seller's price offer and also confirmed the acquaintance with these General Terms and Conditions.
12. A consumer is a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. By amending Act no. 250/2007 Coll. on consumer protection, effective as of 1 May 2014, legal entities that purchase products or use services for personal use or for the needs of members of their household were excluded from the definition of consumer. The consumer is not a corporate customer, ie a customer who buys goods for the company (states the ID number, VAT number or VAT number when ordering). Business customers are also not entitled to return the goods without giving a reason or withdraw from the contract. The relationship between such a customer and the seller is not governed by the Civil Code, but by the Commercial Code.
13. Consumers are also natural persons who purchase goods for the exercise of their profession.
14. The seller is a person who, in concluding and performing a consumer contract, acts within the scope of his business or profession, or a person acting in his name or on his behalf.
15. The seller is also:
(a) the operator of an electronic commerce system operated through the seller's website (hereinafter referred to as "the trade").
b) by the operator of the information system in accordance with the provision 136/2014 Coll. Of the Personal Data Protection Act and on Amendments to Certain Acts.
16. In addition to the general provisions of Act no. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act no. 102/2014 Coll. Act on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments to Certain Acts (as amended by No. 151/2014 Coll. 391/2015 Coll.). For contractual relations (as well as other legal relations that may result from the contractual relationship) with legal entities, resp. with natural persons - entrepreneurs (eg SZČO), the provisions of Act no. 513/1991 Coll. Commercial Code as amended.
17. Order means the order form filled in and sent by the buyer "Order" processed by the seller's store system. If the buyer does not use the option of ordering through the order form in accordance with the previous sentence, the order is also considered a telephone order, or an order sent by email, fax or mail to the address of the seller.
18. The order contains information about the customer and the ordered product. Based on the order, an invoice is generated for the customer to pay the purchase price. In the event that the buyer does not use the option to order through the order form, but executes the order by phone, or by sending an email or mail to the seller's address, the seller will send the buyer a price offer by email or other means.
Article II - Product order - conclusion of a purchase contract
1. The seller shall, before concluding a distance or off-premises contract or, if the contract is based on a consumer order, before the consumer sends the order, notify the consumer clearly and intelligibly in a manner or under an international agreement which is Slovak Republic bound:
a) the main characteristics of the goods or the nature of the service to the extent appropriate to the means of communication and goods or service used,
b) the business name and registered office or place of business of the seller or the person on whose behalf the seller acts,
c) the telephone number of the seller and other data which are important for the contact of the consumer with the seller, in particular the address of his electronic mail and the fax number, if any,
d) the address of the seller or the person on whose behalf the seller acts, at which the consumer may lodge a complaint about the goods or services, lodge a complaint or other complaint, if this address differs from the address referred to in point b),
(e) the total price of the goods or services, including value added tax and all other taxes or, given the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated and transport, delivery, postage and other costs and charges , or, if such costs and fees cannot be determined in advance, the fact that such costs or fees may be included in the total price; in the case of a contract of indefinite duration or a subscription agreement, the seller shall inform the consumer of the total price for the billing period and, if that price cannot be determined in advance, of the way in which it is calculated,
f) the price for the use of means of long-distance communication, which can be used for the purposes of concluding the contract, if it is a service number with an increased tariff,
g) payment terms, delivery terms, the period within which the seller undertakes to deliver the goods or provide the service, information on the procedures for applying and handling complaints, grievances and complaints from consumers,
(h) information on the consumer's right of withdrawal, the conditions, time limit and procedure for exercising the right of withdrawal; the seller will also provide the consumer with a form for withdrawal from the contract according to Annex no. 3,
i) information that if the consumer withdraws from the contract, he will bear the costs of returning the goods to the seller under § 10 para. 3, and if he withdraws from the contract concluded at a distance, also the cost of returning the goods, which due to their nature can not be returned by post,
j) information on a possible obligation of the consumer to pay the seller the price for the actually provided performance according to § 10 par. 5, if the consumer withdraws from the service contract after giving the seller explicit consent under § 4 para. 6,
k) information that the consumer is not entitled to withdraw from the contract, or information on the circumstances in which the consumer loses the right to withdraw from the contract,
l) instructions on the seller's liability for defects of goods or services according to a general regulation, 19)
m) information on the existence and details of the guarantee provided by the manufacturer or seller according to stricter principles than the general rule, 20) if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to consumers after sale of goods or services such assistance is provided,
n) information on the existence of the relevant codes of conduct, 21) which the seller has undertaken to comply with, and on the way in which the consumer can become acquainted with them or obtain their wording,
(o) information on the duration of the contract, in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period or in the case of a contract in which its validity is automatically extended, also information on the conditions of termination of the contract,
p) information on the minimum duration of the consumer's obligations under the contract, if the contract implies such an obligation for the consumer,
q) information on the consumer's obligation to pay an advance or provide another financial security at the request of the seller and on the conditions governing its provision, if the contract implies such an obligation for the consumer,
r) information on the functionality, including applicable technical protection measures to secure the electronic content, if applicable,
(s) information on the compatibility of electronic content with hardware and software that the seller knows or should reasonably be expected to know about, where appropriate;
(t) information on the possibilities and conditions for resolving the dispute through an alternative dispute resolution system; the seller shall at the same time provide on his website a link to the alternative dispute resolution platform through which the consumer may submit a proposal to initiate alternative dispute resolution.
2. Electronic ordering of products made in the form of a completed order form "Order" and subsequent payment of the purchase price in accordance with the generated invoice is a proposal for the conclusion of a purchase contract by the buyer.
3. Acceptance of the order of products by the seller, and thus the conclusion of the purchase contract occurs on the basis of a written confirmation of the conclusion of the purchase contract, in accordance with the Act on Consumer Protection in Distance Selling no. 102/2014 (specifically § 6):
The seller is obliged to provide the consumer with a confirmation of the conclusion of the contract on a durable medium immediately after the conclusion of the contract concluded at a distance, at the latest together with the delivery of the goods.
4. The proposal for the conclusion of the purchase contract also means the sending of a price offer prepared by the seller on the basis of a telephone or e-mail order of the buyer. In this case, the purchase contract is concluded by a written confirmation of the price offer by the buyer, also in electronic form.
5. In the case of an order via the "order" order form, the buyer is obliged, in the order chosen in the order, to choose the form of payment of the purchase price and then pay the seller the purchase price, otherwise the purchase contract will not be concluded. The seller also informs the buyer (customer) and the buyer (customer) acknowledges and agrees that the order includes the obligation to pay the price.
6. In the case of a telephone or email order, within the meaning of Article II para. 3, the buyer is obliged to pay the purchase price on the basis of an invoice issued and delivered by the seller to the buyer (also electronically). After crediting the payment to the seller's account, the seller informs the buyer that the product will be sent to the address provided by the buyer.
7. A distance contract is a consumer contract concluded between a business and a consumer, whereby the consumer has the opportunity to acquaint himself with the content of the contract but has no possibility to influence its content.
8. The contract is concluded for a definite period and expires upon fulfillment of the obligations of the seller and the buyer.
9. The seller hereby also informs the buyer that he does not condition the execution of the order by requiring consent to the terms and conditions, especially with regard to decision SOI SK / 0677/99/2015.
Article III - Purchase price and payment terms
1. The price of products ordered through the e-shop (hereinafter referred to as the "purchase price") is always generated specifically for each customer after completing the order on the seller's website. In the case of an order within the meaning of Article II para. 5, the seller will send the buyer a price offer electronically or, in the case of a mutual agreement, by post.
2. The seller does not guarantee the time validity of the purchase prices in the case of the same order in any period of time. For the avoidance of any doubt, the purchase price generated in the case of a specific order does not change after its payment, within the due date.
3. The price may change due to an obvious typographical or other error concerning the price of the goods found in the seller's system or published on the e-shop in question at the goods. Both the buyer and the seller are entitled to cancel the order, respectively. withdraw from the purchase contract (until the moment of taking over the goods), if the buyer is notified of a change in the purchase price of an item due to an obvious printing or other error concerning the price of the goods.
4. The purchase price is considered paid on the day of crediting the funds to the seller's account (or in the case of payment in cash at the time of cash payment, or its confirmation by issuing a receipt)
5. The method of payment of the purchase price (payment form) and total costs related to the order itself and delivery of goods (the method of payment is chosen by the buyer in the process of ordering goods on the shopping portal) is specified in the order form with a total cost estimate.
6. When paying, it is necessary to state the number of the generated invoice as a variable symbol. The variable symbol incorrectly stated by the buyer, upon payment, results in incorrect settlement of the purchase price and the buyer bears all risks associated with it. The buyer may be in arrears with the obligation to pay. The purchase price of the products does not include the price of transport or other costs related to the delivery of the products.
7. Maturity of the purchase price: after choosing the method of payment of the purchase price, via the order form, or by phone or electronically, the buyer is obliged to pay the seller the purchase price before taking over the goods. At the same time, the buyer is entitled to pay when issuing and sending the order to the seller, with the payment being perceived as an advance on the purchase price and other quantified costs, but the buyer is advised to pay only after acceptance of the order by the seller (conclusion of the contract),
8. In the case of selected cash payment upon delivery of goods on delivery, the buyer is obliged to pay the seller the purchase price and other quantified fees (eg shipping fee, cash on delivery fee, etc.), i. the total calculated price, at the latest upon delivery of the goods to the buyer (also through the transport company).
9. Cash on delivery price:
• the cash on delivery price is not included in the purchase price of the goods and will be calculated in the order form and in the generated invoice, or in the price offer sent by email and the buyer undertakes to pay them together with the purchase price.
• however, the seller is entitled to unilaterally and at its own discretion to determine internally the value (amount) of the total order, for which the buyer no longer pays the price for cash on delivery. The fact that the buyer pays or does not pay the cash on delivery price will be displayed in the order on the website of the online store in question, and the value (amount) of the total order may differ for each separately created order. The Seller is entitled to unilaterally change and modify the value of the order (concluded contract), for which the Buyer does not pay the price for cash on delivery, without the need to state a change in these General Terms and Conditions. This change does not affect the conclusion of the purchase contract.
10. Other fees:
• the amount of the purchase price of the goods, including all additional fees (eg related to the form of payment and the form of delivery of goods), are specified in the order form before the actual execution of the order.
• however, the seller is entitled to assess each order individually and unilaterally at its own discretion to internally determine the order in which the buyer, in addition to the purchase price for goods, no longer pays any additional costs in connection with payment, order and delivery without the need for change in these General Terms and Conditions by the seller. This change does not affect the concluded purchase contract.
11. Payment for goods in advance (prices include VAT):
The seller may require payment for the goods in advance:
• for the value of the ordered goods in the amount of over € 500 without shipping (based on the issued advance invoice by transfer to a bank account)
• for goods that are sent abroad (on the basis of an issued advance invoice by transfer to a bank account)
• when ordering goods that are not in stock or are produced only to order, an advance payment of 50% of the price of the goods may be required. If the order is canceled / canceled during the production process, the advance payment is forfeited in favor of the seller, who bears the cost of production of the ordered goods.
(Advance payment is required on the basis of the issued advance invoice).
12. The base currency is the EURO. Character: €.
13. Banks' fees for the payment of the purchase price and transport costs by the buyer are governed by the contract between the buyer and the buyer's bank. The seller is not responsible for the amount of such or similar fees associated with it.
14. The costs of using electronic means of communication are governed by the contract between the buyer and his internet connection provider, or his provider of electronic communication services. The seller is not responsible for the amount of such or similar fees associated with it.
15. The seller informs the buyer that he does not set a minimum order value. Pursuant to Act no. 102/2014 Coll. the law on consumer protection in the sale of goods or provision of services under a distance or off-premises contract on consumer protection "The seller may not refuse to sell to the consumer a product that is displayed or otherwise ready for sale, or refuse to provide a service that is in its operational capabilities ".
16. The seller can create an opportunity (possible form) on the website, through which the buyer can get a discount (in%) on the total purchased goods. The Seller is entitled to unilaterally change and adjust the origin, termination and conditions of the possible way (form) of obtaining such a discount without the need to state a change in these General Terms and Conditions. This change does not affect the conclusion of the purchase contract.
Article IV - Delivery of goods and services
1. The seller is obliged to deliver the products to the buyer in the ordered quantity and quality and in the case of the buyer within the meaning of Article I para. 5 also together with a written copy of these General Terms and Conditions, if he has not previously supplied them together with tax documents relating to the product and other documents, if they exist and are typical for the given product. If the written copy of these General Terms and Conditions was not for the buyer within the meaning of Article I para. 5 delivered with the product, the buyer is obliged to notify the seller in writing within two working days from the date of receipt of the product, otherwise it is assumed that the seller's obligation to deliver a written copy of these General Terms and Conditions has been duly fulfilled.
2. If the buyer does not object to non-delivery of goods and non-delivery of documents delivered with the goods within two working days from delivery of goods, on the basis of confirmed delivery and consignment notes, the goods are presumed to have been delivered to the buyer unless proven otherwise.
3. According to the Act on Consumer Protection in Doorstep Selling and Mail Order, which also applies to the purchase of goods and services over the Internet, unless the seller and consumer (buyer) agree otherwise, the seller is obliged to fulfill the consumer's order within 30 days of delivery. If the seller does not fulfill the contract because he cannot deliver the ordered goods or provide the service, he is obliged to immediately inform the consumer and return the price paid for the goods or advance within 15 days, unless the seller and the consumer agree on a replacement. The place of delivery of the ordered product is the address given by the buyer in the order.
4. The seller will immediately inform the buyer about the impossibility of delivery of the goods, as well as in cases of force majeure or reasons for which the seller or carrier / courier / courier is not responsible. In this case, the seller will offer or provide the consumer with a substitute performance and proceed in accordance with the General Terms and Conditions and legal regulations.
5. The seller will deliver the goods to the buyer to the address specified by him when placing the order and exclusively to the person who is listed as the buyer. Delivery or delivery of the goods to a person other than the buyer is not possible without the special prior written consent of the seller and the documents required by the seller. For this reason, it is necessary for the buyer to state correctly his identification data when ordering the goods and data for the delivery of goods. Delivery of goods outside the EU is also possible. The delivery of goods is entitled to find out and verify by appropriate means by the accepting person whether this person is the buyer and whether he is entitled to take over the goods. If circumstances so require, the seller and the buyer may agree to extend the delivery time, or to replace in the same quality and price. In the case of a special request, the delivery time is extended by additional working days, which will be notified to the buyer electronically.
6. The seller will deliver the product by his own means to the buyer (or the person authorized in writing by the buyer to take over the product), or through third parties (transport, courier and delivery companies).
7. Delivery of the product is made by handing it over to the buyer (or the person authorized in writing by the buyer to take over the product), resp. by handing it over to the first carrier for carriage.
8. The seller informs the buyer that he reserves the right to deliver the ordered goods (in the number of more than 2 pieces) and several separate deliveries, with the fact that for such separate deliveries the price of transport applies as when accepting the order (ie more shipments are charged only one shipment).
9. The transported product must be suitably and securely packed. By signing the shipping / delivery note, the buyer confirms not only the delivery but also the fact that the packaging has not been damaged and the product has been delivered completely in accordance with the order.
10. In case of personal collection in case of visible damage to the product, or detectable defects, the buyer is entitled not to take over the product. By taking over the product, it is considered that it did not have any defects detectable during a personal inspection of the product. In the case of personal and consignment delivery, the buyer is also obliged to mark a note on product damage in the shipping / delivery note with a concise description of this damage, immediately upon receipt if defects detectable upon receipt, or no later than 10 days after receipt if hidden defects . All later reported defects and damages, resp. claims for the quantity and quality of the delivered product will not be accepted by the seller.
11. Together with the delivery of the goods, the seller will provide the buyer with a confirmation of the conclusion of the contract on a durable medium.
12. The origin of the contract and the validity of this legal act is regulated by the Civil Code, as well as the possibility of its cancellation, both by the buyer and the seller. The law specifies some options for cancellation and also allows for an agreement between the buyer and seller on cancellation. The reason may be, for example, a technical error in the e-commerce system.
Article V - Acceptance of goods
1. The seller, transport company or delivery service is entitled to notify the delivery of goods to the buyer by e-mail, text message or other suitable form (eg by telephone). At the same time, the buyer agrees that the seller provides this information to the buyer of the transport / forwarding company or the delivery person. The buyer is obliged to be available at the address specified by him at the time of the announced delivery of goods.
2. Upon receipt of the goods, the buyer is obliged to prove his identity to the carrier without being asked by means of valid identity documents (ID card or passport). The identity of the buyer and the right to take over the goods must be clear from these documents. Otherwise, the goods do not have to be handed over by the seller / carrier.
3. If the buyer does not accept the product, the seller will store it in its operation or at the address of the company's registered office and invite the buyer to pick it up. If the buyer does not pick up the product even within 30 working days from the date of delivery of the written request, after the expiration of the period for additional takeover of the product, the contractual relationship established by the purchase contract between the seller and the buyer terminates.
4. The risk of damage to the product and liability for damage to the product passes to the foreman upon receipt, regardless of whether the buyer takes over the product in person or through an authorized person. In the case referred to in para. 3 of this article, the risk of damage to the product and liability for damage to the product passes on the forging day on the day when the buyer did not accept the product on the first attempt at delivery.
5. Upon receipt of the goods, the buyer is obliged to check the integrity of the packaging and the completeness of the delivery, especially the number of transport packages (packages / shipments). In the case of any obvious defects found in connection with transport and goods, the buyer is obliged to notify the seller immediately, no later than 12 hours electronically or by telephone. The buyer is obliged to mark on the transport document all obvious damage to the shipment and damage to the packaging. If another violation of the packaging or consignment is found on unauthorized opening of the consignment, the buyer is obliged not to take over the consignment from the carrier / deliverer.
6. By signing the acceptance protocol, the buyer confirms that the consignment has been accepted intact. If the buyer does not object to non-delivery of goods and non-delivery of documents delivered with the goods within 24 hours of delivery of goods, based on confirmed delivery and shipping notes, it is assumed that the goods were delivered to the buyer, unless proven otherwise.
Article VI - Freight
1. The seller's shipping costs are not included in the purchase price of the product. These will be quantified in the order form and in the generated invoice, or in the price offer sent by email, and the buyer undertakes to pay them together with the purchase price.
2. Free shipping: The seller is entitled to unilaterally and at its own discretion to determine internally the value or nature of the order, for which the buyer no longer pays the price of transportation of goods. The fact of payment or non-payment of the price of transport by the buyer will be displayed in the order or on the website of the online store. The seller is entitled to unilaterally change and modify the value or nature of the order (concluded contract), in which the buyer does not pay the price of transport, without the need to state a change in these General Terms and Conditions. This change does not affect concluded purchase contracts.
Article VII - Withdrawal from the purchase contract
1. Under the law, only the consumer has the right to withdraw from the contract. A consumer is a natural person who, in concluding and performing a consumer contract, does not act within the scope of his business activity, employment or profession.
2. The legal right to return goods without giving a reason arises only if the consumer (buyer) has purchased the goods through:
• distance contracts (contracts between the seller and the consumer agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the seller and the consumer, in particular by using a website, e-mail, telephone, fax, letter or offer catalog)
• contracts concluded outside the Seller's premises (contracts concluded between the Seller and the consumer in the simultaneous physical presence of the Seller and the consumer at a place other than the Seller's premises; concluded at the seller's premises or by means of distance communication immediately after individual and personal addressing of the consumer by the seller at a place which is not the seller's premises or a contract concluded during or in connection with the sale).
3. Information regarding the possibility of withdrawal from the purchase contract: The buyer (consumer) may withdraw from the purchase contract, without giving a reason within 14 calendar days, from the date when the buyer or a third party designated by him, except the carrier, takes over the product, i. this period shall end 14 days after receipt of the goods. However, if the end of this period falls on a non-working day, the period shall be extended to the following working day. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawal from the contract.
4. When exercising the right to withdraw from the contract, the buyer (consumer) informs the seller of his decision to withdraw from this contract by a clear statement. The buyer (consumer) can use the withdrawal form provided to him by the seller. A sample withdrawal notice form is also available on the seller's website, or will be sent to the buyer (consumer) by e-mail or post if requested.
5. The withdrawal period is maintained if the buyer sends (notices) a notice of the exercise of the right of withdrawal before the withdrawal period expires, ie no later than the 14th day after the withdrawal period began to run, resp. if the end of this period falls on a non-working day, the period shall be extended to the following working day.
6. After withdrawing from the contract, the seller will return to the buyer all payments made in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of goods to you. This does not apply to additional costs if you have chosen a different delivery method than the cheapest standard delivery method we offer the seller. Payments will be refunded without undue delay, no later than 14 days from the date on which the seller receives the buyer's notice of withdrawal of this contract. They will be paid in the same way as the buyer used for payment, unless he has expressly agreed to another method of payment, without charging any additional fees.
7. Payment for the purchased goods will be paid to the buyer only after delivery of the returned goods back to the address of the seller or upon presentation of a document proving the return of the goods, whichever occurs first.
8. Obligations of the seller in case of withdrawal from the contract:
• The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the consumer to return to the consumer all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs, and fees; this does not affect the provision of § 8 par. 5 of the Act.
• The seller is obliged to return the payments under paragraph 1 to the consumer in the same way as the consumer used in his payment. This is without prejudice to the consumer's right to agree with the seller on another method of payment if no additional fees are charged to the consumer.
• The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs are the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the seller.
• If, based on a contract concluded outside the seller's premises, the goods were delivered to the consumer's home at the time of concluding the contract and due to their nature it is not possible to send the goods back to the seller by post, the seller is obliged to pick up the goods at his own expense.
• Upon withdrawal from the contract for the sale of goods, the seller is not obliged to return the payments to the consumer under paragraph 1 before the goods are delivered to him or until the consumer proves the return of the goods to the seller, unless the seller proposes to pick up the goods in person or through person authorized by him.
9. Upon withdrawal from the contract, the buyer (consumer) bears only the cost of returning the goods to the seller or the person authorized by the seller to take over the goods.
10. The buyer (consumer) is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit.
11. The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the consumer's right to withdraw from the contract under § 7 of Act no. 102/2014 Coll., The gift contract loses its effect and the buyer is obliged to return the gifts provided in connection with the returned goods, etc.
12. For withdrawal from the contract by buyers - business entities, the legal conditions set out in the Commercial Code apply.
13. The buyer can cancel the order no later than on the day of dispatch of the goods from the warehouse, by phone or email. The contact details of the seller are given in these terms and conditions and on the seller's website.
14. The seller recommends (but does not order) the buyer to send the returned goods by registered mail and to insure such a shipment.
15. The buyer has the right to unpack and test the goods to determine their properties and functionality. If the goods are damaged, broken or non-functional, then the buyer is already responsible for such a reduction in the value of the goods.
16. Seller's address (for exercising the right of withdrawal): Fork, s.r.o., Nade Hejnej 5358, 036 01 Martin, Slovak Republic.
17. E-mail address of the seller (for exercising the right of withdrawal from the contract): studio@fork.sk
18. The buyer may not withdraw from the contract, the subject of which is:
• the provision of the service, if the provision of the service has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that by giving his consent he loses the right to withdraw from the contract after full provision of the service
• the sale of goods or the provision of services, the price of which depends on price movements in the financial market, which the seller cannot influence and which may occur during the period for withdrawal from the contract,
• the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for one consumer,
• the sale of goods which are subject to rapid deterioration or deterioration,
• the sale of goods enclosed in a protective package which cannot be returned for health or hygiene reasons and whose protective package has been broken after delivery,
• sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery,
• sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, their delivery can be made after 30 days at the earliest and their price depends on the movement of prices on the market, which the seller can not influence,
• performing urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as their object the sale of goods other than spare parts needed to carry out repairs or maintenance, provided that they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods, • the sale of sound recordings, video recordings, sound recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
• the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
• provision of accommodation services other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,
• the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract.19. Warning:
No legal regulation grants the consumer the right to unreasonable return of goods purchased in the so-called stone shop (establishment). If the seller offers such a possibility (or the possibility of exchanging goods for other goods) to the consumer, he does so beyond his obligations. The right to unreasonable return or exchange of goods is not legally enforceable. In the classic form of sale (in stone operation) in general applies: If the purchased goods do not meet, whether the size, shape, price, color or it is an inappropriate choice of gift, duplication ..., it is not a product defect. The buyer has no legal right to force the seller to exchange the goods or refund if the product is not defective. No legal regulation obliges the seller to return the money to the buyer or to provide an exchange for other goods if it is a faultless product. It depends only on the mutual agreement between the buyer and the seller and the willingness of the seller to satisfy the consumer. The fact that some sellers provide the advantage of the possibility of returning the goods within certain days of purchasing the product is only within their business policy and then they set the conditions themselves (number of days, exchange for vouchers, purchase credit, exchange for other goods, original packaging, original tags ...) It is considered another case if the seller declares the possibility of returning the product or the possibility of exchange for other goods by "public promise" in writing by an inscription in the store or in the general terms and conditions. Then he is obliged to comply with the conditions set by him. Before buying a product in "stone operation", the consumer should always inform the seller about the possibility of returning the goods, or whether the seller allows the exchange of goods and under what conditions. Statutory withdrawal from the contract without giving a reason (within 14 days) is possible in the case of contracts concluded at a distance or in the case of contracts concluded outside the premises of the seller. In the event that the purchased product shows a defect, during the warranty period, the buyer has the right to file a proper complaint. The procedure for making and settling a complaint is regulated by Act no. 250/2007 Coll. on consumer protection as amended.
20. The buyer is liable for any damage that may be caused to third parties in connection with the use of the products.
21. If the seller finds during the processing of the order that the supplied content of the documents is defamatory, or contrary to the moral and ethical views of the seller, or generally binding legislation, or other legal disputes (eg the sale of alcohol, tobacco or other laws). modified products to persons under 18 years of age), the seller is entitled to withdraw from the purchase contract, by delivering a written notice of cancellation of the order confirmation by email. The buyer is not entitled to any compensation, except for the refund of the purchase price already paid.
22. The seller is also entitled to withdraw from the purchase contract until the moment of dispatch of the goods, especially due to the currently unavailability of the ordered goods by the buyer. However, the Seller is obliged to immediately inform the buyer about the withdrawal to the e-mail address specified by the buyer in the order. Prior to withdrawal, the Seller is entitled to offer the buyer a replacement. The buyer has the right to refuse the replacement performance and withdraw from the purchase contract.
3. The seller provides a warranty for the delivered products in accordance with the relevant legislation of the Slovak Republic. The warranty period begins from the date of receipt of the product by the buyer. In the case of buyers - business entities, the provisions of the Commercial Code apply to liability for product defects and to the conditions for the provision of a guarantee.
24. In the case of returning a product with a defect, which became apparent only after its receipt, and which was not obvious and detectable during the routine check on receipt, the buyer is entitled to a reasonable discount on the purchase price corresponding to the nature and extent of the defect or refund of the purchase price. If it is a defect that makes the item unusable, the buyer is entitled to withdraw from the contract. Upon agreement of the contracting parties, the defective product may be replaced by a new product without defects. Damaged or defective goods must be complete.
25. The procedures set out in this Article shall apply mutatis mutandis to the submission of a complaint or complaint by the purchaser.
26. The seller informs (buyers) customers about the supervisory authorities:
• State administration bodies in the field of public health and state veterinary and food administration
• Public Health Office of the Slovak Republic and regional public health authorities
• Slovak Trade Inspection, which oversees the supply and sale of products and the provision of services,
o which, as the case may be, are not supervised by the authorities referred to in points (a) and (b), or
o during or in connection with the sale.
27. The general market surveillance authority in consumer protection in the internal market pursuant to Act no. 128/2002 Coll. on state control is the Slovak Trade Inspection.
SOI Inspectorate for the Bratislava Region
Prievozská 32, P. O. BOX 5, 820 07 Bratislava 27 SOI Inspectorate for the Žilina Region
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
SOI Inspectorate for the Trnava Region
Pekárska 23, 917 01 Trnava 1 SOI Inspectorate for the Banská Bystrica Region
Dolná 46, 974 00 Banská Bystrica 1
SOI Inspectorate for the Trenčín Region
Hurbanova 59, 911 01 Trenčín SOI Inspectorate for the Prešov Region
Obrancov mieru 6, 080 01 Presov 1
SOI Inspectorate for the Nitra Region
Staničná 9, P. O. BOX 49A, 950 50 Nitra 1 SOI Inspectorate for the Košice Region
Doorman no. 3, 043 79 Košice 1
www.soi.sk - on this website there is also a telephone and fax contact to the Central SOI Inspectorate and SOI Inspectorates for the given region, in accordance with the territorial organization of the Slovak Republic.
The Slovak Trade Inspection Authority, as the internal market control body, does not examine the justification of complaints, but only whether all legal conditions relating to complaints arising from the Consumer Protection Act have been met.
Article VIII - Warranty, Complaint Conditions and Complaints Procedure
1. The provisions of this point shall not apply to a buyer who is not a consumer or who purchases goods for business purposes and not for the personal consumption of natural persons; liability for defects of the goods in this case is governed by the provisions of §422 et seq. Commercial Code. The seller handles consumer complaints in accordance with the legal regulations of the Slovak Republic, in particular Act no. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and valid legal regulations.
2. For all goods purchased on the basis of civil law relations, the warranty period is, in accordance with the legal regulations of the Slovak Republic, standard 24 months, unless the legal regulations of the Slovak Republic provide for a shorter period for certain types of goods. The warranty period begins from the date of receipt of the goods by the buyer. The seller is liable to the buyer consumer for defects in the goods according to § 623 and 623 of the Civil Code.
3. The duration of the warranty period follows from the legal regulations of the Slovak Republic. If the period of use is marked on the item sold, its packaging or the instructions attached to it, the warranty period does not end before the expiration of this period.
4. For all goods purchased by corporate customers, on the basis of a business relationship (in the sense of the Commercial Code), the warranty period - "quality guarantee" is set by the seller for 12 months.
5. It is possible to file a complaint:
• in person at: Fork, s.r.o., Nade Hejnej 5358, 036 01 Martin, Slovak Republic. (together with proof of purchase or warranty card).
• by post to: Fork, s.r.o., Nade Hejnej 5358, 036 01 Martin, Slovak Republic. (together with proof of purchase or warranty card).
6. When making a complaint, the seller recommends (does not condition) that the buyer should contact the seller by phone or electronically before the actual application, who will instruct him and inform him about all the essentials and procedure for filing and handling the complaint:
• tel .: +421 43 422 01 39
• email: studio@fork.sk
7. The buyer shall attach a legible original or a copy of the proof of purchase of the goods to the claimed goods and shall provide a detailed description of the defect and the manner in which the defect manifests itself externally. The goods should be delivered in a clean condition and with the accessories supplied with the goods.
8. The Buyer is entitled to file a claim for the product during the warranty period, immediately after learning of the product defect, by sending a written claim to the address of the seller specified in these General Terms and Conditions in accordance with generally binding legal regulations.
9. The seller is obliged to handle the buyer's complaint in writing (electronically, by post) to notify the result of the complaint within 30 days from the date of receipt / receipt of the written complaint.
10. Detailed conditions of the warranty and complaints are governed by the Seller's Complaints Procedure, which is published and is also available to consumers on the website of the online store. If necessary, the complaint procedure can also be sent electronically or in writing to the address selected by the buyer.
Article IX - Online Alternative Dispute Resolution (RSO) information for the e-shop
1. The seller hereby also informs customers (buyers) that on 1 February 2016, Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws. The aim of this law is to create a new opportunity for consumers to resolve their dispute with the seller quickly, efficiently, less formally and, above all, free of charge, respectively. only at minimal cost. It is a matter of achieving a conciliatory solution, resp. an agreement between the consumer and the seller on the resolution of the dispute, which becomes a binding legal basis after the agreement of both parties with its wording.
2. The bodies for alternative dispute resolution by law are the Office for the Regulation of Network Industries, the Office for the Regulation of Electronic Communications and Postal Services and the Slovak Trade Inspection Authority. In addition, the Slovak Trade Inspection Authority is in the position of the so-called residual entity, which means that it will also be entitled to settle disputes for which the competence of other bodies is not determined, apart from disputes arising from contracts for the provision of financial services.
3. According to §11 of Act. 391/2015 on the alternative resolution of consumer disputes and on the amendment of certain laws, the consumer has the right to turn to the seller for redress if he is not satisfied with the way the seller handled his complaint or if he believes that the seller has violated his rights. In the event of a dispute with the seller, the consumer has the right, after using all possibilities to resolve the dispute, to turn to the subject of alternative dispute resolution, the value of which will be higher than 20, - €. The legislation applies not only to "domestic" disputes but also to "cross-border" disputes, i. disputes between foreign consumers and sellers in the Slovak Republic.
4. The ADR entity shall terminate the dispute within 90 days from the date of its initiation, notifying the claimant of the extension of the time limit by 30 days (even repeatedly).
5. If the consumer is not satisfied with the way in which the seller has handled his complaint or otherwise infringed his rights, then he has the opportunity to apply to the competent body. This does not preclude the possibility of resolving your dispute through the courts. In order to ensure the smooth resolution of the dispute, the law requires the mandatory provision of cooperation by the seller.
6. Alternative Dispute Resolution Body:
Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Consumer Dispute Resolution, Prievozská 32, p.p. 29, 827 99 Bratislava 27, SR.
web: https://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
email: ars@soi.sk, adr@soi.sk
7. The consumer may submit the proposal in the manner specified pursuant to §12 of Act 391/2015 Coll. on alternative dispute resolution for consumer disputes and amending certain laws, including electronically via the online dispute resolution platform (RSO) at: https://ec.europa.eu/consumers/odr/index_en.htm
8. Alternative dispute resolution is reserved exclusively for consumers of natural persons, not for purchasing entrepreneurs. The dispute is settled between the consumer and the seller, who have concluded a distance contract and whose dispute has a value higher than 20 €.
9. The seller hereby also informs the buyers about the possibility of individual submission of applications, proposals, suggestions and attempts to prevent disputes electronically to the email address: studio@fork.sk
Article X - Protection of personal data and privacy
1. Personal data of the buyer are processed according to Act. no. 122/2013 Coll. on personal data protection as amended by Act no. 84/2014 Coll. (The full wording of the Act of 30.05.2014 is listed in the Collection of Laws under No. 136/2014 Coll.) (hereinafter referred to as the "ZoOOU"). The buyer acknowledges that the seller processes his personal data to the extent: name and surname, address, ID number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
2. The buyer acknowledges that he is obliged to state his personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of any change in his personal data.
3. The personal data provided will be processed only by the seller or his designated processor. Third parties will be allowed access to customers' personal data only in cases stipulated by applicable law (especially during administrative or criminal proceedings, protection of consumer rights, in the case of delivery of goods by Slovak Post). If the goods are delivered by a courier company, your personal data (in the range of name, surname, delivery address, telephone, e-mail) will be provided - to the carrier chosen by the buyer.
4. Personal data will be processed by the seller in accordance with special regulations. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
5. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
6. If the buyer considers that the seller or intermediary is processing his personal data in violation of the law, he may ask the seller or intermediary for an explanation. According to ZoOOU, the buyer has the right, inter alia, to correct incorrect, incomplete and outdated personal data, to information about the list of personal data that the seller processes about him and other rights specified in § 28 par. 1 ZoOOU.
7. In particular, the buyer has the right to change or revoke his consent to the provision of his personal data for marketing purposes at any time, electronically: the buyer has the right, inter alia, to correct incorrect, incomplete and outdated personal data, to list personal data the seller processes it and other rights specified in § 28 par. 1 ZoOOU.
8. The seller, as the operator of the information system, provides additional information regarding the processing of personal data in a special section provided on the website.
The General Terms and Conditions apply as published on the seller's website and have been approved by the company's competent authorities.
The wording of the General Terms and Conditions is effective from 17.08.2016